Journal of the Senate of the State of Georgia of the fifteen-day session of the General Assembly commenced at Atlanta, Monday, January 14, 1946

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Collection:: Georgia Government Publications
Serial:: Journal of the Senate of the State of Georgia.
Title:: Journal of the Senate of the State of Georgia of the fifteen-day session of the General Assembly commenced at Atlanta, Monday, January 14, 1946
Creator:: Georgia. General Assembly. Senate
Publisher:: Milledgeville : S. Grantland, Printer to the State
Atlanta, Ga. : Samuel Bard, Public Printer
Date of Original:: 1946
Subject:: Georgia--Politics and government
Location:: United States, Georgia, 32.75042, -83.50018
Medium:: state government records
Type:: Text
Format:: application/pdf
Description:: Includes extraordinary sessions
External Identifiers:: Call Number GA L402 1946 spec.
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl402-b1946-bspec-p
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl402-b1946-bspec-p
Language:: eng
Holding Institution:: University of Georgia. Map and Government Information Library
Rights:

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
OF THE
Fifteen-Day Session
OF THE
General Assembly
Commenced at ATLANTA, MONDAY, JANUARY 14, 1946
BowEN P'RESS
Decatur, Georgia

OFFICERS OF THE
STATE SENATE
TERM
1945- 1946
FRANK C. GROSS, 31st DistricL---------------------------------------------------------------------President STEPHENS COUNTY
SPENCE M. GRAYSON, lst DistricL-----------------------------------------President Pro Tem. CHATHAM COUNTY
MRS. HENRY W. NEVIN--------------------------------------------------------------------------------Secretary WHITFIELD COUNTY
ELBERT FORESTER_________________________________________________________________________Assistant Secretary DADE COUNTY
JOHN B. SMITH---------------------------------------------------------------------------Reading Clerk WHITFIELD COUNTY
MRS. BILLIE' P. SEA_--------------------------------------------------------Calendar Clerk DEKALB COUNTY
EDNA E. SWANN-------------------------------------------------------------------1ournal Clerk
QUITMAN COUNTY PAUL]: BANNISTER------------------------------------------------Messenger Clerk
FORSYTH 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 14, 1946.

The Senate reconvened, under SR 56 pursuant to adjournment, at 10:00 o'clock this morning and was called to order by the president.

The invocation was offered by the chaplain.

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

Baggett Battle Bennett Bentley Branch Brown Caldwell Causey Chastain Cloud Daves Deal Drake Drinkard Edenfield Edwards Freeman

Gillis Gould Grayson Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson McGinty Millican Minchew Moate Moore

Nix Norton Peebles Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn Yawn

By unanimous consent the verification of the roll call 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. Passage of local uncontested House and S!'nate bills. 6. Putting on third reading for final passage general House and Senate bills.
The consent was granted.

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

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JOURNAL OF THE SENATE,

SB 239. By Senator Gross of the 31st:
A bill to be entitled an Act to fix the salary of the judge and solicitor general of the City Court of Stephens county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 240. By Senators Minchew of the 5th, Walker of the 45th, Gross of the 31st and Edenfield of the 2nd: A bill to be entitled an Act to provide that old age pensioners shall receive $30.00 per month in the future; and for other purposes.
Referred to Committee on Public Welfare.

SB 241. By Senator Stone of the 15th:
A bill to be entitled an Act to provide compensation and traveling expenses for members of the Board of Veterans' Service; and for other purposes.
Referred to Committee on Veterans' Affairs.

SB 242. By Senator Holsenbeck of the 27th:
A bill to be entitled an Act to create the Executive Mansion Committee to build a new governor's mansion; and for other purposes.
Referred to Committee on Public Property.

SB 243. By Senator Walker of the 45th:
A bill to be entitled ~n Act to amend the charter of the City of Fitzgerald to provide for zoning and planning ordinances; and for other purposes. Referred to Committee on Municipal Government.

SB 244. By Senator Stone of the 15th:
A bill to be entitled an Act to amend section 92-3109 Code of Georgia, providing the manner and time within which veterans of World War II may deduct from gross income the amount of federal income tax; and for other purposes. Referred to Committee on Finance.

SB 245. By Senator Green of the 21st:
A bill to be entitled an Act to provide for the appointment of an assistant state treasurer and the method of fixing his compensation; and for other purposes.
Referred to Committee on State of the Republic.

MONDAY, JANUARY 14, 1946

7

SB 246. By Senator Drake of the 8th:
A bill to be entitled an Act to fix the time for holding Superior Court in Seminole county on the second Mondays in J aPuary and July; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 247. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act approved February 24, 1935 entitled "An Act to define the status of the regents of the University System of Georgia and of the members of the Board of Regents; and for other purposes.
Referred to Committee on University of Georgia.

SB 248. By Senator Caldwell of the ~7th:
A bill to be entitled an Act to amend the charter of the City of LaGrange by providing a new tax rate for educational purposes; and for other purposes.
Referred to Committee on lVIunicipal Government.

SB 249. By Senator Stone of the 15th:
A bill to be entitled an Act to amend section 84-2011 of the Code of Georgia, 1933, providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.
Referred to Committee on Veterans' Affairs.

SB 250. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for a county manager form of government for Fulton county; and for other purposes. Referred to Committee on Counties and County Matters.

SB 251. By Senator Millican of the 52nd:
A bill to be 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.
Referred to Committee on Counties and County Matters.

SB 252. By Senator Caldwell of the 37th: A bill to be entitled an Act to carry into effect paragraph 4 of Section I of

8

JOURNAL OF THE SENATE,

Article 7 of the Constitution of Georgia with reference to the exemption of taxation of certain property therein described; and for other purposes.
Referred to Committee on Finance.

SB 253. By Senator Millican of the 52nd:

A bill to be entitled an Act to fix the salary of the Ordinary of Fulton

county at $9,000 per year; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 254. By Senator Millican of the 52nd:
A bill to be entitled an Act to fix the bond of the Clerk of Superior Court of Fulton County at $3,000.00; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 255. By Senator Millican of the 52nd:
A bill to be entitled an Act to fix the salaries of the bailiffs of Fulton Superior Court; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 256. By Senator Millican of the 52nd:
A bill to be entitled an Act to change the time for election of Commissioners of Roads and Revenues of Fulton County; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an Act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United N ations; and for other purposes.
Referred to Committee on Finance.

SB 259. By Senator Millican of the 52nd: A bill to be entitled an Act that Fulton county shall furnish aid and relief

MONDAY, JANUARY 14, 1946

9

and pensions to regular members of the County Police Department; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 260. By Senators Grayson of the 1st, Millican of the 52nd and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; and for other purposes.
Referred to Committee on Privileges and Elections.

SB 261. By Senator Bentley of the 25th:
A bill to be entitled an Act incorporating the City of Silvertown in Upson county, Georgia, by decreasing or diminishing the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise the divorce laws of the state to provide for trials with or without a jury; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to give the Board of Edurntion of Athens the right of eminent domain to acquire school property; and for other purposes.
Referred to Committee on Municipal Government.

SB 264. By Senators Harrell of the 7th and Baggett of the 51st:
A bill to be entitled an act to provide for an increase in membership and salaries for the State Highway Patrol; and for other purposes.
Referred to Committee on State of Republic.

SB 265. By Senator Daves of the 14th:
A bill to be entitled an act to prescribe the fees of clerks of Superior Courts of this State, and provide for payment of same; and for other purposes. Referred to Committee on General Judiciary No. 1.

10

JOURNAL OF THE SENATE,

SB 266. By Senator Slaughter of the 5th:
A bill to be entitled an act amending the charter of the City of Athens, Georgia, so as to make the mayor the chief executive officer thereof; and for other purposes.
Referred to Committee on Municipal Government.

SR 58. By Senator Stone of the 15th:
A resolution proposing an amendment to Article 7, Section I, Paragraph 4 of the Constitution to exempt veterans from all property tax; and for other purposes.
Referred to Committee on Amendments to Constitution.

The following communication from the Honorable John B. Wilson, Secretary of State, certifying that special elections were held in Senatorial Districts in 1945, was received and read:
Hon. Frank C. Gross, President of the Senate, State Capitol, Atlanta, Georgia
Dear Sir:
I hereby certify that special elections were held in the following Senatorial Districts for the purpose of electing senators for said districts and that the consolidated returns of said special elections, which are of file in this office, show the following result:

24TH SENATORIAL DISTRICT:
(To fill tbe unexpired term of Hon. H. Dixon Smith, deceased)
Chattahoochee County.......................... B. Ed. Johnson................................ 27 Muscogee County.................................. B. Ed. Johnson................................ 125 Marion County...................................... B. Ed. Johnson................................ 58

13TH SENATORIAL DISTRICT: (To fill unexpired term of Hon. Cullen S. Battle)

CHARLES BATTLE Macon County............................................ 89 Schley County ............................................ 231 Sumter County .......................................... 211

R. S. GREENE 34 48 79

Given under my hand and official seal this 9th day of January, 1946.

JOHN B. WILSON, Secretary of State.

MONDAY, JANUARY 14, 1946

11

The senators-elect presented themselves at the secretary's desk as their districts and names were called, where Chief Justice Tom Candler of the Supreme Court of Georgia administered to them the oath of office.
The president asked unanimous consent that due to the election of two new senators the secretary be allowed to make the necessary changes in the personnel of the standing committees, and the consent was granted.

The president announced the following changes in the standing committees for the remaining part of the 1945-1946 session:

ACADEMY FOR THE BLIND Johnson, Secretary

AMENDMENTS TO THE CONSTITUTION Johnson

Johnson

APPROPRIATIONS

Johnson, Vice Chairman

AUDITING

Johnson

CONSERVATION

Johnson

COUNTIES AND COUNTY MATTERS

Johnson

DRAINAGE

Johnson

EDUCATION AND PUBLIC SCHOOLS

Johnson, Chairman

FINANCE

Johnson

GAME AND FISH

Johnson

HIGHWAYS AND PUBLIC ROADS

Johnson

HYGIENE AND SANITATION

Johnson

. INSVRANCE

Johnson

INTERNAL IMPROVEMENTS

12

JOURNAL OF THE SENATE,

Johnson

JOURNAL

Johnson

MILITARY AFFAIRS

Johnson

MUNICIPAL GOVERNMENT

Johnson

PENITENTIARY

Johnson

PUBLIC UTILITIES

Johnson

RULES

Johnson

TEMPERANCE

Johnson

UNIVERSITY SYSTEM OF GEORGIA

Johnson

VETERANS AFFAIRS

Battle

APPROPRIATIONS

Battle

AUDITING

Battle

BANKS AND BANKING

Battle

CORPORATIONS

Battle

ENROLLMENT

Battle

EDUCATION AND PUBLIC SCHOOLS

Battle

FINANCE

Battle

HIGHWAYS AND PUBLIC ROADS

INTERNAL IMPROVEMENT Battle, Chairman

Battle Battle, Secretary

JOURNnLS MANUFACTURES

MONDAY, JANUARY 14, 1946

13

Battle

MILITARY AFFAIRS

Battle

MINES AND MINING

PRIVILEGES AND ELECTIONS Battle, Vice Chairman

Battle

PUBLIC PRINTING

Battle

SCHOOL FOR THE DEAF

Battle

UNIVERSITY OF GEORGIA

Battle Battle

VETERANS AFFAIRS WESTERN AND ATLANTIC RAILROAD

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 reconvened
in regular session and is ready for the transaction 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 bills
and resolutions of the House to wit:
HR 144. By Mr. Durden of Dougherty:
A resolution resolving that a committee of five be appointed to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is ready for the transaction of business; and the speaker has appointed on the part of the House, Messrs. Hook of Emanuel, Brock of Carroll and Lam of Troup.
HR 145. By Mr. Durden of Dougherty:
A resolution resolving that the General Assembly convene in joint session in the Hall of the House at 12:00 o'clock noon January 14, 1946, for the purpose of hearing a message from His Excellency the Governor, and that a committee of five be appointed to escort the Governor to the joint session; and the speaker has appointed on the part of the House Messrs. Smiley of Liberty, Wells of Ben Hill and Weaver of Bibb.

14

JOURNAL OF THE SENATE,

The following resolutions of the House were read and adopted:

HR 144. By Mr. Durden of Dougherty:
A resolution resolving that a committee of five be appointed to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is ready for the transaction of business; and for other purposes.

The president appointed on the part of the Senate: Senators Sabados of the lOth and Yawn of the 48th.

IIR 145. By Mr. Durden of Dougherty:
A resolution resolving that the General Assembly convene in JOint session in the Hall of the House of Representatives at 12:00 o'clock noon January 14, 1946, for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five be appointed, three from the House and two from the Senate, to escort the Governor to the joint session; and for other purposes.

The president presented to the Senate Adjutant General S. Marvin Griffin and Johnson of the 24th.

The president presented to the Senate Adjutant General S. Marvin Griffin and granted him privilege of the floor.

Adjutant Marvin Griffin presented to the Senate Captain E. E. Oliver, of Atlanta, Ga.; Lt. E. M. Lamb, Lawson General Hospital; Lt. B. T. Abbott, Barnesvilles, Ga.; Lt. Charles Shepherd, Atlanta, Ga., members of the famous Gray Bonnett Division, and Miss Lauta Avertt, The Gray Bonnett Girl.

The following committee report was read:

His Excellency, Ellis Arnall, Governor of Georgia, The Honorable Frank Gross, President of the Senate, The Honorable Roy Harris, Speaker of the House.

September 27, 1945.

Gentlemen:

Your Joint Committee on Institutions has completed its inspections of all state institutions, and begs to submit the following report:

Your committee has visited each of the following institutions: Milledgeville State Hospital, Milledgeville; Confederate Home, Atlanta; Georgia Tech, Atlanta; Extension System, Atlanta; Georgia Evening College, Atlanta; Georgia Training Sehoul for Girls, Atlanta; Georgia Training School for Colored Girls, Macon;

MONDAY, JANUARY 14, 1946

15

Georgia Teachers College, Statesboro; School for Mental Defectives, Gravewood; Georgia Experiment Station, Griffin; West Georgia College, Carrollton; School for the Deaf, Cave Spring; Georgia State Woman's College, Valdosta; South Georgia College, Douglas; Abraham Baldwin College and the Coastal Plains Experiment Station, Tifton; Albany State College, Albany; Georgia Southwestern College, Americus; Middle Georgia College, Cochran; Fort Valley State College, Fort Valley; Academy for the Blind, Macon; State Penitentiary, Reidsville; Alto State Sanitarium, Alto; Georgia Vocational and Trades School, Clarkesville; North Georgia College, Dahlonega; University of Georgia, Athens; Georgia State College for Women, Milledgeville; Training School for Boys, Milledgeville; School of Medicine, Augusta; Experiment Station for Shade Grown Tobacco, Attapulgus; Georgia State College, Savannah; and the Herty Foundation Laboratory, Savannah.
At each institution your committee heard fully from the officials in charge and talked with students in the schools, patients and inmates at the. institutions, and made every effort to determine not only the physical needs but also endeavored to ascertain whether or not the institutions were being properly operated. We attach hereto as exhibits detailed reports on each of the institutions.
To summarize our findings, we have found that it would require the sum of $27,796,775.00 to bring the physical properties of these institutions to the same level as those at which our sister Southern States maintain theirs. We have not undertaken to compare our institutions with those of the more wealthy Eastern and Middle Western States, but we do feel that the great State of Georgia should maintain its educational, eleemosynary, and penal institutions on at least the same standard as that used by our adjoining states.
We feel that the amount herein recommended for institutional building is the minimum amount necessary to bring our institutions to the proper level of service to which our people are entitled and to the standard of service of which our people will be proud.
To aid the committee in determining the needs of, and making recommendations for, the State Hospital at Milledgeville, the committee, in company with the director of Pubfic Welfare and the superintendent of the State Hospital has visited the mental institutions of Florida, Alabama, Tennessee, North Carolina, and South Carolina. The observations on these visits have been reflected in the report on the State Hospital hereto attached.
If Georgia fails its youth now, it can expect them to continue to leave our state for the greater opportunities that are present in the other states of the Union. The only way to induce our youth to remain in Georgia is to provide good educational facilities so that the boys and girls of Georgia may bring to industry, agriculture, and the professions the same degree of skill and ability that is found in other sections of our land.
The faculties in our schools and colleges are as able and fine as those in any state in the Union and the staffs at our other institutions have given bountifully of their services with only minimum monetary reward, but have remained at their posts

16

JOURNAL OF THE SENATE,

because of their love for Georgia and their devotion to those under their care and instruction.

We believe Georgia could make no better investment than to finance promptly a comprehensive building program that would give our institutions the facilities with which to work.

Respectfully submitted,

FOR THE SENATE:
Wm. B. Freeman, Co-Chairman, W. H. Wall, ]. ]. Baggett, Wallace E. Harrell.

FOR THE HOUSE:
Chas. L. Gowen, Chairman, Wayne Hinson, Robert E. Cheshire, D. ]. Arnold, Otis W. Brumby, ]. M. Evitt, Jr., Ben W. Fortson, Jr.

We, the committee appointed by the Speaker of the House and President of the Senate, to notify His Excellency, Governor Ellis Arnall, that the Legislature is in session and ready for business, beg leave to report that His Excellency, the Governor, has been so notified and that His Excellency sends greetings to both the Senate and House of Representatives and hopes that business will be conducted with dispatch and that this session of the Legislature will be harmonious in every respect.
Guy 0. Stone, 15th district, Member of the Senate,
C. E. Yawn, 48th district, Member of the Senate,
L. J. Brock, Carroll County, Member of the House,
.W. H. Hooks, Emanuel County, Member of the House,
C. 0. Lam, Troup County, Member of the House.
Senator Millican of the 52nd moved that the Senate recess until the time of the convening of the joint session, and the motion prevailed.
Senator Turner of the 34th moved that the Senate stand automatically adjourned at the completion of the joint session to be held today, provided for in a previous resolution, and the motion prevailed.
The Senate recessed until the time of the convening of the joint session.
The hour of convening the joint session of the Senate and the House to hear an address by His Excellency, the Governor, having arrived, the president, accompanied by the secretary and senators preceeded to the Hall of the House of Representatives.

MONDAY, JANUARY 14, 1946

17

The joint session of the Senate and House was called to order by the president. The secretary read a resolution convening the joint session.

The president presented His Excellency, the Governor, who addressed the General Assembly as follows:
Mr. P'resident, Mr. Speaker and members of the General Assembly:
As I come to report to you and to the people upon three years' stewardship and to make recommendations to you, it is with the full knowledge that we have moved into a new era of world, national and state affairs. We are thankful of the victory bought for our nation by the blood of valiant men, by the sweat of those who toil on farm and in workshop, by the tears of those who gave sons and husbands and brothers that this nation might live.
This is the first time during my administration that the General Assembly has convened when our nation was not at war. We are now entering times that will be perilous to our nation and our state. After World War I, there came a period marked by bitter cynicism on the part of youth, by political shysterism on the part of those in high offices, by a disdainful attitude toward the elementary principles of sound economics, by a callous ruthfulness that rotted our social fabric. The seeds of disaster were sown in the first years after 1918. We reaped the bitter fruit; economic disaster, a prolonged world depression, and eventual war more costly in human lives, human suffering and material wealth than any ever waged before.
Postwar periods are always dangerous periods. They are dangerous to the orderly conduct of publi~ affairs. The unity of war time tends to dissolve and cliques and factions spring up and abound. Public interest in government relaxes. A great backlog of public needs, brought about by the suspension of normal activity during the war, is present. The postwar era of catching up on public works and services becom~s an invitation to the unscrupulous to loot the public treasury.
Three years ago, in Georgia, we determined that we would be prepared for the impact of peace. Toward this goal, this administration with the co-operation of the General Assembly has worked unceasingly.
It was our fundamental thesis that Georgia, with its wealth of human and natural resources could not, must not and would not accept the status of a secondclass state, a colonial appendage to other more prosperous and favored sections of our common country.
It was obvious to all of us that poverty in the midst of plenty, that scarcity in the midst of our great resources was unnatural. It was evident that Georgia needed, first of all, opportunity to develop its industrial and agricultural economy without interference or obstruction. It was also evident that the state needed additional public services, stable state finances, improved educational and health facilities if we were to expand industry and agriculture, raise the standard of living of our peoplP and promote their happiness, prosperity and welfarP.

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JOURNAL OF THE SENATE,

It was recognized throughout America, early in the war, that the strategic and economic liability of a too centralized industrial establishment was too great.
We recognized, in Georgia, that our basic handicap in the development of new industries and in the profitable expansion of our agriculture along diversified lines was an outgrowth of the iniquitous freight rate differential that levied a huge hidden tariff upon our Southern economy. Accordingly, Georgia filed its now historic suit in the Supreme Court of the United States.
I am happy to report to the General Assembly that, since the last regular session of this body, the Supreme Court has upheld Georgia's basic contentions in a farreaching opinion that ultimately must end the freight rate cartel and smash the transportation monopoly.
Within a short time, Georgia will present its case before the distinguished expert named by the Supreme Court to hear the evidence.
The efforts of the monopolists and their sectional allies will fail to defeat Georgia's effort for fair economic treatment, whether by means of injunction against the beggardly relief granted by the Interstate Commerce Commission, as a result of its dusting off a decade-old rate case after Georgia's suit was filed, or by means of the infamous Bulwinkle Bill to legalize conspiracies for transportation companies.
We are going to win that fight, in spite of their big lawyers, their artful lobbyists, their political allies on Wall Street and their Southern Quislings. And when it is won, our economic pattern will readjust itself to the tremendous advantage of every manufacturer, every farmer, every worker, every merchant, and every person in the South.
But it was equally evident to all of us that Georgia mqst put its own house in order, if the state government were to be in position to provide those services that are necessary in a progressive commonwealth.
The first step was the restoration of orderly constitutional government in our state. The 1943 Assembly abrogated the authority of the governor to remove elective officials from office and eliminated his power to strike the names of individual state employees from the budget. The governor's authority over the Game and Fish Commission was .removed and this agency was made constitutional. The highway patrol was freed of politics. The misuse of clemency was curbed through the creation of a constitutional Board of Pardons and Paroles. The penal system, long an eyesore to our state, was reformed and reorganized.
These reforms represented the elimination of abuses. There are others that represent very great advances for our state.
Georgia has been mindful of the obligation it owes to those who fought for our common country.
It is a source of great pride to me for our state when I hear returning servicemen say that Georgia had the most effective soldiers ballot act among all the 48 states and that Georgia was applauded as being the only state recognizing that 18year-olds were not only old enough to fight, but were old enough to vote.

MONDAY, JANUARY 14, 1946

19

We are endeavoring to safeguard the rights of the returning veterans through a constitutional Veterans' Service Department, a creation of this assembly, an agency that is staffed by veterans, controlled by veterans and dedicated to serving veterans of our country's wars.

Last week a compliment was paid to Georgia by the nataional commander of one of the great veterans' organizations when he said that Georgia had the most effective program for re-employment, for education and for rehabilitation of veterans of any state in the Union.

Georgia recognized the state's responsibility for the development of our resources. The State Port Authority has been created. The Agricultural and Industrial Development Board has been established. Its surveys of educational and health requirements, its studies of the agricultural, governmental, recreational and industrial needs and possibility, its surveys of public works projects, have already achieved outstanding results. More than 300 new industrial establishments have been set up in our state in the reconversion period.

This Legislature a year ago recognized the need for a complete overhaul of the State Constitution, a recommendation of the preceding assembly, which had provided a revised commission to study the entire program and submit its findings for legislative sanction. The new Constitution gives our state many admirable reforms.

It retains all that was traditional in our previous basic law, and eliminates many

inconsistencies that arose from the frequent amending of a too rigid and inflexible

document. The new Constitution contains many salutary governmental reforms.

Among others, the broadening of the franchise right.

The people of Georgia approved overwhelmingly the new constitution that you wrote. It is a monument to the progressive spirit of this assembly.

In the field of education Georgia's advance has been phenomenal. The work in vocational education is outstanding in the nation. Georgia's program for rehabilitation of the physically handicapped is the best in the entire country, and in this connection, Georgia has pioneered in providing a practical program for the returning veterans.

Today Georgia stands fourth in the nation in the percentage of funds provided for schools by the state; once we stood forty-seventh. Of thirry-three million dollars total expenditure for common schools, the state paid $21,348,000.00 last year. This does not include $3,271,000.00 for the University System. Nor one million dollars for teacher retirement, which together amounts to an all-time high of $25,619,000 for education.

Georgia stands first in the whole nation in the percentage of total state income devoted to education. In 1933, ten years ago, Georgia's state government gave the common schools $7,283,000.00, which is hardly one-third of what they now get. In the year before the present state administration took office the schools got $15,500,000.00--with your help we have already increased school expenditures approximately
50 per cent in three years' time.

20

JOURNAL OF THE SENATE,

Many of you can remember when the school term was five months, then six, then seven, then eight and finally increased to the nine months' school year.
This administration is proud of the fact that already by your direction is has ndded two months extra compensation toward the full 12 months school program.
In 1943 Georgia's schools were freed from political interference. A state constitutional board of regents and a state constitutional board of education were created. Provision was made for the continuation of the school lunch program, the library stysem became an integral part of the school program, teacher retirement ceased being a promise and became a reality, and the trade school program was inaugurated. These were realistic measures, based on the fundamentals that hungry children cannot study, that reading is not much of an accomplishment without something to read, and that teachers who faced retirement without some financial security cannot retain their enthusiasm for their profession.
The 1945 General Assembly provided the money to activate enacted new census and compulsory school attendance laws, and provided for an adult education program for our war veterans.
But one of the greatest accomplishments was the provision contained in the new state constitution, written by the 1945 Legislature, which will open up broader educational opportunities for our boys and girls by allowing local units of government to have better schools if they want them.
It is obvious that even greater support must be provided through state financing if we are to have the kinds of schools necessary to give every child in Georgia the educational opportunity that is deserved. But let me divert to say that the local units of government must also increase their support of their schools. There is no reason why this cannot be done. It was made possible under the new State Constitution. Nothing in the entire history of school financing has been as important as the provision of the new Constitution which allows a county-wide tax levy of fifteen mills for school purposes. If the total units of government had increased or will increase their allotments to education even one-half as much as the state allotments have been and will be increased, Georgia can have the best schools in the entire nation.
School teachers deserve to be paid for a full year. It has always been one of my ambitions for our state and for my administration to see the school teachers of Georgia paid for twelve months each year-paid in cash, not in credit and not in promises.
We take pardonable pride in recounting the fact that during this administration every school teacher has been paid on time, in cash, and without the state being forced to borrow a single penny to pay the teachers.
Teachers also are entitled to be treated as human beings. They ought not to be made into community drudges, to perform every odd-job that needs to be done but that is too tedious or onerous or tiresome for somebody else to do. They ought not to be subject to rules and restrictions that set them apart from the communities

MONDAY, JANUARY 14, 1946

21

of which they are a part. They ought not o be warned against indulgence in even the most innocent amusements. They ought to be a part of the whole life of the town or county where they live, not a group of whom much is expected and to whom little is returned except a few perfunctory platitudes about the sacredness of their trust and the probably reward, in terms of satisfaction, that might be obtained by a long self-sacrifice. Platitudes of that kind neither pay bills nor make teachers feel a part of the communities they live in. The least, and the most, that we can do for a teacher is to treat the teacher as a human being. What Georgia has done for education is an example of putting emphasis on first things first. We are all proud of what has been done. We must do more. In 1943, when this administration took office, Georgia was heavily in debt. Today for the first time in more than one hundred years a governor can report to the Legislature that Georgia is solvent.
We have cash on hand to redeem every bond or other obligation outstanding and every dollar of the floating debt has been paid. We will burn every evidence of Georgia's past bonded indebtedness publicly at the close of the present fiscal year. In addition to making provision for the payment of the $35,961,630.38 debt that was ~wed when I took office, we have increased the reserve in the revolving fund and provided a reserve to match all available Federal grants for highways. In addition, on January 1, 1946, the state had a surplus of $591,230.09. We have been paying off state bonds floated in 1838. We are paying off indebtedness not due until 1968.
To pay these debts, we have resorted to business-like principles. and rigid economy. Some of the economy has been distasteful. There was, at one time, a certain amount of good-humored but somewhat trenchant complaint, including stories that we put up signs over the washbasins saying, "Georgia is in debt. Please do not use two paper towels when one will do." I really do not think we got to the point where anyone suffered from the acute shortage of paper towels, pencils or drinking cups, but we did practice a degree of economy not always practiced before.
The result of economy and business management speaks for itself. Georgia's State Government is completely solvent for the first time in more than 100 years.
Not since the original Western & Atlantic bonds were issued in 1838 to build the State Railroad has there been no funded debt. This is the first time in recent decades that there has been no floating debt.
This enviable financial condition is an achievement in which all members of the General Assembly and state officials share and in which all can take just satisfaction. The administration and the Budget Bureau have had the finest co-operation from every department of the State Government. Especially do I desire to thank your auditor, B. E. Thrasher, Jr., for his work.
The Legislatures of 1943 and 1945, by giving Georgia the best system of budgetary control of any state in the Union, deserve the gratitude of the people. This debt-condition is also an opportunity and a challenge. It offers Georgia the opportunity to start fresh, without a burden of interest and retirement charges upon is budget, to outline a long-range program for the development of needed services to our citizens.

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It also offers an opportunity for Georgians to keep watch over their state treasury. It will not be possible for someone in the future to juggle accounts and pretend to practice economy while shifting the debt burden from one agency to another. The people can see plainly from the state auditor's quarterly balance sheets precisely the condition of our state government. Alibis will be unavailing.
But a debt-free state is also an invitation to the unscrupulous. A solvent state treasury has been the temptation for looters i"n times past in more than one state. This is especially true in a period when there must be a rapid expansion of services and a considerable program of public works. The greedy, the unscrupulous, the corrupt will be always with us in such times. They invaded the national capital after the last war, with their parties at little green houses, with their little black satchels, and with the scandal of Elks Hill and Teapot Dome. Then even stole the sheets from the beds in veterans' hospitals.
Any relaxation of vigilance in watching state expenditures will be an invitation for them to invade Georgia. Any relaxation of our admirable budgetary system, with its budget commission made up of its governor elected by the people and the state auditor named by the General Assembly, will result in calamity for our state and the undoing of all our work to institute business control and economy, in the creation of a new load of debt for the people of Georgia and in the undermining of good government throughout our state.
But our people live in the present and think about the future with more interest than they do about the past. So let me tell you some of the things that we hope to do for Georgia and for which we ask your approval and concurrence.
As you know, I have pledged the people of Georgia that I will veto any bill levying increased taxes. But, unfortunately, because of present conditions, the strengthening of revenue collecting machinery, changes in warehouse service charges, increased gasoline consumption, adjusted valuations on property returns, and other administrative procedures, it now appears that the financial structure of our state will be materially improved in spite of anticipated loss from income taxes. We estimate that in the next fiscal year the state will collect an additional ten million dollars.
It is my recommendation that you authorize the allotment of these additional funds to increase and expand state services in the following amounts for the following designated purposes:
A million and a half dollars for providing the school teachers an additional month's salary so as to place the teachers on a twelve months guaranteed year round basis.
A million dollars for library and textbooks for the school children of our state to be comprised of $600,000 additional funds to augment the $400,000 per year now provided.
A million, five hundred thousand dollars for the purpose of providing additional funds to enable the Department of Public Health to co-operate with each county of the state that desires to establish health facilities under the Ellis Health Law; to allow the department to establish a corps of trained personnel to co-operate with the

MONDAY, JANUARY 14, 1946

23

county health departments in the eradication of disease and to provide for a training program for health employees.

A million dollars for the purpose of expanding the facilities of the present tuberculosis hospital or to utilize and operate any hospital that may be obtained by the State Department of Public Health for the treatment of tuberculosis.

A million and a half dollars for the purpose of providing additional funds to the state institutions for the expansion of facilities, employment of trained personnel, providing additional clothing and food for the patients and inmates, and for the general maintenance of the institutions and the welfare of the patients.

Two million dollars for the purpose of establishing a permanent annual improvement and building fund for the state colleges ~nd eleemosynary institutions.

A million dollars for providing additional funds to match federal money available to increase the aid to the aged, blind, dependent and crippled children. An additional million dollars will come from the Federal Government, so this increase will amount to two million dollars.

These sums aggregate $9,100,000. Any additional funds that may accrue should

be used for the expansion of our park facilities, enlargement of the State P'atrol, the

perfection of a farm market program, the expansions of the Veterans' Service Depart-

ment, and other essential services.

'

Moreover, it is my recommendation that $5,790,512.58 for the period ending June 30, 1946, and $11,581,025 for each fiscal year thereafter, be set aside from available funds to match federal highway funds for a road construction program of approximately $80,000,000 over the next three-year period.

"This program of enlarged public services, largely formulated by Speaker Harris, if adopted by the General Assembly will push forward state activities more rapidly than ever before and will result in great benefit to the people of Georgia. No added taxes will be necessary. It can be done with money on hand and in sight.

I want to pay tribute not only to this splendid General Assembly but also to the finest presiding officers ever to aid a governor in making good his promises to the people. Without the invaluable assistance of President Gross and Speaker Harris, the administration could not have succeeded in putting across its legislative program. To them I am deeply indebted. Let me particularly call your attention to the enterprise, loyalty and able leadership of Speaker Harris, who not only has stood by me in all matters I have discussed with him and on which I have asked his help, but who also has brought forward the program of expanded services which I am asking you to adopt and approve at this session. Without his advice, guidance and assistance, and that of President Gross, the administration could not have possibly done the job that has been accomplished.

In order to effectuate certain provisions of the new Constitution it will be necessary for the General Assembly to enact supplementary legislation. It is my recommendation that the Assembly set up a Merit System and Home Rule as directed by the new Constitution; that consideration be given to clarifying the status of local school

24

JOURNAL OF THE SENATE,

trustees, the issuance of bonds by counties and municipalities, and authorization of local governments to provide zoning and planning laws; the creation of the senatorial districts authorized by the new Constitution so as to more fairly give representation to the people; clairfying the law relating to divorce; and providing the constitutional State Board of Corrections with duties and responsibilities.
It is my suggestion that the General Assembly give consideration to legislation authorizing refunds to farmers on gasoline used in farm tractors. If we are to mechanize the farm, it is important that we make proper provision for refund of a part of the gasoline tax to farm tractor users.
It is my recommendation that the Assembly submit to the people proposals creating constitutional agencies to be placed in charge of highways, welfare and public health. A child labor law should be enacted. The Port Authority Act requires supplementary legislation. Our state military establishment should be strengthened. Consideration should be given to the fees and compensation scale authorized to county officers which requires adjustment. In order to obtain federal funds for health and hospital work it may be necessary to enact measures which will qualify Georgia to receive such federal funds.
It is my suggestion that a commiSSIOn be created to memorialize the late distinguished Charles H. Herty, scientist, and famous son of Georgia.
It is my recommendation that a Georgia Warm Springs Roosevelt Memorial Commission be established charged with the duty and responsibility of memorializing our late President in a suitable manner. President Roosevelt loved Georgia and the people of Georgia loved him. The measure creating the commission should authorize funds for the expense of the memorial. The Little White House will be given to the state as a shrine by the Georgia Warm Springs Foundation.
There is one final matter. That is the question of the right of the people to re-elect their Chief Executive. The incumbent governor is the only person in Georgia, above the age of 30 and not convicted of crime, who cannot be chosen by the people to serve as Chief Executive of our state. This provision of law restricting the people in their right of election is undemocratic. If the General Assembly submits legislation to remove this restriction, I will be a candidate. If elected, I will serve. If the people don't want me to serve, it is their right to say so.
It is my hope and belief that we will have a beneficial and harmonious session. We have admirable presiding officers of the Senate and House. We have a splendid General Assembly. It is my trust that this Legislature will act so as to merit the full support, confidence and appreciation of the people of Georgia.
Mr. Durden of Dougherty moved that the joint session do now dissolve and the motion prevailed.
Under a previous motion the Senate stood automatically adjourned until 10 o'clock tomorrow morning.

TUESDAY, JANUARY 15, 1946

25

Senate Chamber, Atlanta, Georgia. Tuesday, January 15, 1946.

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 names:

Baggett Battle Bennett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Daves Deal Drake Drinkard Edenfield Edwards

Freeman Gillis Gould Grayson Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew Moate

Moore Nix Norton Peebles Rainey Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Wall Welsch . Wellborn Mr. President

By unanimous consent the verification of the roll call 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 on third reading for final passage bills and resolutions.
The consent was granted.

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JOURNAL OF THE SENATE,

The following privilege resolution was read and adopted:

SR 59. By Senator Moate of the 20th:
RESOLVED BY THE SENATE OF THE STATE OF GEORGIA: That we hereby register our vigorous protest against the announced purpose of the United States Office of Price Administration to place a ceiling figure on the price per pound of raw cotton and hereby urge upon Georgia's delegation in Congress to use all efforts to oppose and defeat this proposal which contained a menace to all the farming interests of Georgia and the entire South.
RESOLVED FURTHER, that this resolution be transmitted at once to Georgia's two senators and to all representatives from Georgia in the National House of Representatives.

By unanimous consent the following bills and/or resolutions were introduced, read the first time and referred to committees:

SB 267. By Senator Causey of the 46th:
A bill to be entitled an act to amend Section 59-106 of the Code of Georgia to provide that grand and traverse jurors shall be selected from resident citizens instead of from books of the tax receivers; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for sale; and for other purposes.
Referred to Committee on Municipal Government.

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville by extending the city limits; and for other purposes.
Referred to Committee on Municipal Government.

SR 60. By Senator Shedd of the 3rd:
A resolution proposing an amendment to Article 7, Section I, Paragraph II of the Constitution to provide the state shall not levy an ad valorem tax on property in the state; and for other purposes.
Referred to Committee on Amendments to Constitution.

TUESDAY, JANUARY 15, 1946

27

SR 61. By Senator Ed~nfield of the 2nd:
A resolution fixing the open season for hunting wild turkeys in the Counties of Camden, Glynn and Mcintosh; and for other purposes.
Referred to Committee on Games and Fish.

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-
ing bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 241. Do Pass
SB 249. Do Pass by Substitute.
Respectfully submitted,
Stone of 15th 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 resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation.

SR 58. Do Pass

Respectfully submitted,

Harrell of 7th district, Chairman.

Mr. 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 bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 247. Do Pass

Respectfully submitted,

Slaughter of 50th district, Chairman.

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JOURNAL OF THE SENATE,

Mr. Moore of the 38th district, chairman of the Commi'ttee on Public Property, submitted the following report:

Mr. President:
Your Committee on Public Property have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back: to the Senate with the following recommendation:

SB 242. Do Pass

Respectfully submitted,

Moore of 38th district, Chairman.

Mr. Johnson 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 recommendations:

SB 258. Do Pass

SB 244. Do Pass

Respectfully submitted,

Johnson of 24th district, Chairman.

Mr. Turner of the 34th district, chairman of the Committee on Municipal Government, submitted the following report:

\1r. 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 248. Do Pass

SB 263. Do Pass

Respectfully submitted,

Turner of 34th district, Chairman.

lHr. Moate of the 20th dist~ict, chairman of the Committee on Counties and County Matters, submitted the following report:

TUESDAY, JANUARY 15, 1946

29

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 239. Do Pass

SB 246. Do Pass

SB 254. Do Pass

SB 257. Do Pass

SB 255. Do Pass

SB 253. Do Pass

SB 259. Do Pass

SB 250. Do Pass

SB 251. Do Pass

SB 256. Do Pass

Respectfully submitted,

Moate of 20th district, Chairman.

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

SB 246. By Senator Drake of the 8th:
A bill to be entitled an Act to fix the time for holding Superior Court in Seminole county on the second Mondays in January and July; and for other
purpose~.

SB 239. By Senator Gross of the 31st:
A bill to be entitled an Act to fix the salary of the judge and solicitor general of the City Court of Stephens county; and for other purposes.

SB 254. By Senator Millican of the 52nd: A bill to be entitled an Act to fix the bond of the clerk of Superior Court of Fulton county at $3,000.00; and for other purposes.
SB 263. By Senator Slaughter of the 50th: A bill to be entitled an Act to give the Board of Education of Athens the right of eminent domain to acquire school property; and for other purposes.

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JOURNAL OF THE SENATE,

SB 250. By Senator :Millican of the 52nd:
A bill to be entitled an Act to provide for a county manager form of government for Fulton county; and for other purposes.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an Act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.

SB 259. By Senator Millican of the 52nd:
A bill to be entitled an Act that Fulton county shall furnish aid and relief and pensions to regular members of the county police departments; and for other purposes.

SB 251. By Senator Millican of the 52nd:
A bill to be 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.

SB 248. By Senator Caldwell of the 37th:
A bill to be entitled an Act to amend the charter of the City of LaGrange by providing a new tax rate for educational purposes; and for other purposes.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.

SB 253. By Senator :VIillican of the 52nd:
A hill to be entitled an Act to fix the salary of the ordinary of Fulton county at $9,000.00 per year; and for other purposes.

SB 256. By Senator Millican of the 52nd:
A hill to be entitled an Act to change the time for election of Commissioners of Roads and Revenues for Fulton county; and for other purposes.
SB 255. By Senator Millican of the 52nd: A bill to be entitled an Act to fix the salaries of the bailiffs of Fulton Superior Court; and for other purposes.

TUESDAY, JANUARY 15, 1946

31

SB 244. By Senator Stone of the 15th:
A bill to be entitled an A.ct to amend section 92-3109, Code of Georgia, providing the manner and time within which veterans of World War II may deduct from gross income the amount of federal income tax; and for other purposes.

SB 241. By Senator Stone of the 15th:
A bill to be entitled an Act to provide compensation and traveling expense for members of the Board of Veterans' Service; and for other purposes.

SB 242. By Senator Holsenbeck of the 27th:
A bill to be entitled an Act to create the Executive Mansion Committee to build a new Governor's Mansion; and for other purposes.

SB 247. By Senator Millican of the 52nd:
A blil to be entitled an Act to repal an Act approved February 24, 1935, entitled "An Act to define the status of the regents of the University System of Georgia and of the members of the Board of Regents ; and for other purposes.

SB 249. By Senator Stone of the 15th:
A bill to be entitled an Act to amend section 84-2011 of the Code of Georgia, 1933, providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.

SR 58. By Senator Stone of the 15th:
A resolution proposing an amendment to Article 7, Section I, Paragraph 4 of the Constitution to exempt veterans from all property tax; and for other purposes.

The following communication was filed with the secretary:
Exhibit "3-A" SUPREME COURT OF GEORGIA
Atlanta, January 12, 1946. The Honorable Supreme Court met pursuant to adjournment. The following order was passed : Whereas, the General Assembly, at its sesswn held m 1945, passed an act entitled:

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JOURNAL OF THE SENATE,

"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," which act was approved February 16, 1945 (Ga. L. 1945, 66. 145 et seq.), and which provided among other things:
"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.
"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 of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of the rules;" and
Whereas, this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1 : and
Whereas, the said committee has made a report to this court entitled "Report No. Three, Admission of Genuineness of Documents, and Pre-Trial Conferences," recommending rules of practice and procedure for admission of genuineness of documents, and pre-trial conferences, which "Report No. Three" is hereby further identified as containing three numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:
It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and same are adopted and prescribed by this Court in terms of the said act, the same to become effective on January 1, 1947, subject, nevertheless, to ratification and confirmation by the General Assembly of Georgia as in said act provided.

TUESDAY, JANUARY 15, 1946

33

Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court, be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.
To that" end, let the clerk of this court prepare two certified copies of this order, and of the said committee's "Report No. Three" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of such certified copies of this order, together with one of the said certified copies of the said committee's "Report No. Three," to the president of the Senate, and deliver in like manner one of each said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.

SUPREME COURT OF THE STATE OF GEORGIA
Atlanta, January 14, 1946.
I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.
K. C. Bleckley, Clerk, Supreme Court.

Exhibit "3-B"
Report No. Three
ADMISSION OF GENUINENESS OF DOCUMENTS PRE-TRIAL CONFERENCES
TO THE HONORABLE THE SUPREME COURT OF GEORGIA:
The committee from the bar of this state appointed by Your Honor under the provisions of an act of the General Assembly, approved February 16, 1945 (Ga. Laws 1945, p. 145, et seq) to aid in the preparation of rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, recommends to the court the following:
1. That there be adopted, prescribed and enacted the following:
"At any time after the service of the petition or contemporaneously with the service of the petition, either or any party may serve upon any other party of his attorney a written request for the admission by the latter of the genuineness of any relevant document described in and exhibited with the request. Copies of the documents shall be delivered with the.request unless copies have already been furnished. Each of the matters of which the admission is requested shall be deemed admitted unless, within the period designated in the request, not less than 30 days after the service thereof, or within such further time as the court may allow on written motion and notice thereof to the requesting party, the party to whom the request is directed serves upon the party requesting the admission a sworn statement, either denying

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JOURNAL OF THE SENATE,

specifically the matters of which an admission is requested, or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. The party originating such J;"equest for admission shall within 10 days after the time specified for an answer to be made, file the original of such request for admission with the clerk of the court in which the proceeding is pending, and the party upon whom such request is served shall within 10 days after the time specified or allowed for making answer thereto, file the original of his answer with the court in which the proceeding is pending:"
2. That there be adopted, prescribed and enacted the following:
"Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. Such admission may be stricken or withdrawn by the party making it in the same manner and to the same extent as a pleading may be stricken or withdrawn so as not to be conclusive against him as a solemn admission in judicio, but even if so stricken or withdrawn, it may still be introduced and used as evidence by the opposite party."
3. That there be adopted, prescribed and enacted the following:
"In any action, the judge may in his discretion, upon his own motion or upon motion of attorneys, direct the attorneys for the parties to appear before him for a conference to consider:
( 1) The simplification of the issues;
(2) The necessity or desirability of amendments to the pleadings;
(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4) The limitation of the number of expert witnesses;
(5) Such other matters as may aid in the disposition of the action.
Such conference may be held either in term time or in vacation, at any time after the appearance day, and if in vacation or at chambers, may be held at any place in the circuit designated by the judge or at such other place as the judge may designate on agreement of the parties.
The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:
Alapaha Circuit...................................... H. W. Nelson, Adel
Albany Circuit ........................................ Sam S. Bennet, Albany
Atlanta Circuit........................................ Pope F. Brock, Atlanta F. M. Bird, Atlanta D. F. McClatchey, Atlanta
Atlantic Circuit ......................................]. T. Grice, Glennville

TUESDAY, JANUARY 15, 1946

35

Augusta Circuit......................................W. Inman Curry, Augusta J os. B. Cumming, Augusta
Blue Ridge Circuit..................................A. J. Henderson, Canton J. H. Hawkins, Marietta
Brunswick Circuit................-----------------Charles L. Gowen, Brunswick Chattahoochee Circuit............................ Frank D. Foley, Columbus
Robert M. Arnold, Columbus

Cherokee Circuit .................................... E. S. Ault, Cartersville

Cordele Circuit ......................................George W. Williams, Cordele

Coweta Circuit........................................W. S. Allen, Greenville

Dublin Circuit ........................................ R. Earl Camp, Dublin

Eastern Circuit ......................................T. M. Cunningham, Savannah E. H. Abrahams, Savannah

Flint Circuit............................................ G. Ogden Persons, Forsyth

Griffin Circuit ----------------------------------------L. P. Goodrich, Griffin

Macon Circuit ----------------------------------------1 ohn B. Harris, Macon

.

Harry S. Strozier, Macon

Middle Circuit............---------------------------E W. Jordan, Sandersville

Northeastern Circuit..............................] oseph G. Collins, Gainesville

Northern Circuit ....................................Raymonde Stapleton, Elberton

Ocmulgee Circuit.................................... Miles W. Lewis, Greensboro

Oconee Circuit........................................W. S. Mann, McRae

Ogeechee Circuit .................................... Fred T. Lanier, Statesboro

Pataula Circuit ......................................C. W. Worrill, Cuthbert

Piedmont Circuit....................................Clifford P'ratt, Winder Marvin A. Allison, Lawrenceville

Rome Circuit .......................................... Dean Owens, Rome

Southern Circuit ....................................Orner W. Franklin, Valdosta

Southwestern Circuit ............................W. W. Dykes, Americus

Stone .\fountain Circuit........................ B. Hugh Burgess, Decatur

Tallapoosa Circuit.................................. Hal C. Hutchens, Dallas

Tifton Circuit ........................................W. C. Forehand, Sylvester

Toombs Circuit ......................................Earle Norman, Washington

Waycross Circuit....................................Larry E. Pedrick, Waycross

Western Circuit......................................Abit Nix, Athens

Ex-Officio ................................................ Charles J. Bloch, Macon

(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)

Pending the preparation of this report, E. M. Abrahams, Esquire, of the Eastern

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Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same circuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died, and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, moved his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.

Respectfully submitted,

Attest: Mrs. Grant Williams, Secretary.

Charles J. Bloch, Chairman.

Filed in office January 9, 1946.

K. C. Bleckley, S. S.C. Ga.

SUPREME COURT OF GEORGIA
Atlanta, January 14, 1946.
I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946.
K. C. Bleckley, Clerk, Supreme Cour of Georgia.

Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Rules, read the second time and recommitted to the Commitee on Temperance.

HB 524. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize any county in this state in which it is now legal to manufacture, sell and possess liquor, wine and beer to hold an election and vote against the manufacture, sale and possession of all or either, to provide the method of holding said election, the form of ballot; and for other purposes.
The consent was granted.

Senator Millican of the 52nd asked unanimous consent that HB 207 be taken from the table and placed at the foot of the calendar for consideration at a later date.

HB 207. By Messrs. Harris of Richmond, Durden of Dougherty and Hand of Mitchell and others:
A bill to be entitled an Act to provide for marking the graves of soldiers

TUESDAY, JANUARY 15, 1946

37

and others who saw service in the Confederacy, who are buried in Georgia, with permanent stone or other durable markers; to make an appropriation for the cost thereof; to create a commission to effectuate such purpose; and for other purposes.

The consent was granted.

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

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 25th, Holsenbeck of the 7th, 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 to the qualified voters of the state, for ratification or rejection, an amendment to the Constitution of 1877, and all amendments thereto, protecting the right of the sovereign people to reelect or defeat their elective state officials; and for other purposes.
BE IT RESOLVED BY THE GENERAL .ASSEMBLY OF GEORGIA:
Section 1. Upon approval of this resolution, in the manner hereinafter provided, the Constitution of Georgia of 1877 and all amendments thereto including the amendment submitted to the people of Georgia by the 1945 General Assembly revising the Constitution, be and the same are hereby amended by adding at the end of the Bill of Rights, which said Bill of Rights relates to the "rights of the citizens" the following:
"The right of the sovereign people to reelect or defeat any or all of their elective state officials shall not be abrogated, denied or abridged."
Section 2. The said amendment to the Constitution shall take priority over all provisions and amendments heretofore or at the same time adopted by the people and the effect of the said amendment shall be to repeal any conflicting provision now embodied in the Constitution of 1877 or in any amendment thereto which may have been adopted or which might be adopted at the time of the ratification of this said amendment. Provided moreover that the amendment herein proposed shall supersede and repeal any specific prohibition or restriction, irrespective of its position in the Constitution, on the right of the people to reelect or defeat any or all of their elective state officials which may be provided in the present Constitution or in any amendment heretofore or at the same time adopted.

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Section 3. When said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon their respective journals, with the ayes and nays thereon, and shall be published and submitted according to law to the qualified voters of Georgia for ratification or rejection at the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of the amendment protecting the elective right of the sovereign people." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment protecting the elective right of the sovereign people."
If a majority of the electors qualified to vote for members of the General Assembly voing thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law, and return thereof made to the governor, then he shall declare the said amendment adopted and proclaim the amendment as a part of the Constitution of the State of Georgia as provided by the Constitution and laws relating to constitutional amendments.
Section 4. Any and all provisions of law or resolutions and parts or laws in conflict with this amendment be and the same are hereby repealed.

Senator Harrell of the 7th asked unanimous consent that SR 27 be tabled. The consent was not granted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Caldwell Causey Chastain Cloud Cook Daves Deal Drake

Edenfield Edwards Freeman Gould Greene Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew

Moore Nix Norton Peebles Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Wall Welsch

Those voting in the negative were Senators:

Bennett Bentley Drinkard

Gillis Grayson Harrell of 12th

Harrell of 7th Hawes Hill

TUESDAY, JANUARY 15, 1946

39

Moate Rainey

Sabados

Wellborn

Not voting were Senators: Riley of the 23rd and Yawn of the 48th.

The roll call was verified.

On the adoption of the resolution, the ayes were 36, nays 13.

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

Senator Millican of the 52nd asked unanimous consent that the resolution be immediately transmitted to the House.

The consent was granted and the resolution was immediately transmitted to 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 tomorrow morning.

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Senate Chamber, Atlanta, Georgia. Wednesday, January 16, 1946.

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 uhanimous 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.
Snator 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 and reference of bills and resolutions favorably reported.
5. Consideration of local uncontested bills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county to provide for the appointment and removal of the members of the board; and for other purposes.
Referred to Committee on Municipal Government.

SB 271. By Senators Norton of the 33rd, Nix of the 32nd and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs; and for other purposes.
Referred to Committee on Agriculture.

WEDNESDAY, JANUARY 16, 1946

41

SB 272. By Senators Stone of the 15th, Gould of the 4th and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed services to deduct up to $1,500 from gross income in income tax returns and to exempt them from penalties for failure to file tax returns; and for other purposes.
Referred to Committee on Finance.

SB 273. By Senator Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of Jackson and define the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

SR 62. By Senator Johnson of the 24th:
A resolution proposing to establish a Veterans Memorial Park; and for other purposes.
Referred to Committee on Veterans' Affairs.

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the Commissioner of Atkinson county at $1,800.00 a year; 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 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 235. Do Pass
Respectfully submitted,
Moate of 20th 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

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

SB 262. Do Pass

SB 265. Do Pass

SB 267. 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 bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 261. Do Pass
Respectfully submitted,
Turner of 34th district, Chairman.

Mr. Causey of the 46th district, vice-chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as vice-chairman, to report the same back to the Senate with the following recommendation:

SB 266. Do Pass.

Respectfully submitted,

Causey of 46th district, Vice-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 Gash and Fish 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:

WEDNESDAY, JANUARY 16, 1946

43

SR 61. Do Pass

Respectfully submitted,
Edenfield of 2nd district, Vice-Chairman.

Mr. Cloud of the 19th district, chairman of the Committee on Special Judiciary, submitted the following report:
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 222. Do Pass
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 bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

SB 268. Do Pass SB 269. Do Pass

Respectfully submitted,
Turner of 34th district, Chairman.

The following bills of the Senate, favorably reported by the committees, were read the second time :
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 quorum for the transaction of business; and for other purposes.
SB 222. By Senator Gross of the 31st: A bill to be entitled an act to repeal section 24-3508 of the Code of Georgia,

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1933, relating to short hand writers in the Court of Appeals; by designating another title, by fixing the salaries thereof; and for other purposes.

SB 261. By Senator Bentley of the 25th:
A bill to be entitled an act incorporating the City of Silvertown in Upson county, Georgia, by decreasing or diminishing the corporate limits; and for other purposes.

SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise and amend the laws in reference to the granting of alimony, to provide trials by the court and jury trials; and for other purposes.

SB 265. By Senator Daves of the 14th:
A bill to be entitled an act to prescribe the fees of clerks of superior courts of this state, and provide for payment of same; and for other purposes.

SB 266. By Senator Slaughter of the 50th:
A bill to be entitled an act amending the charter of the City of Athens, Ga., so as to make the mayor the chief executor officer thereof; and for other purposes.

SB 267. By Senator Causey of the 46th:
A bill to be entitled an act to amend Section 59-106 of the Code of Georgia to provide that grand and traverse jurors shall be selected from resident citizens instead of from books of the tax receivers; and for other purposes.

SR 61. By Senator Edenfield of the 2nd:
A resolution fixing the open season for hunting wild turkeys in the Counties of Camden, Glynn and Mcintosh; and for other purposes.

SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for sale; and for other purposes.

SB 269. By Senator Harrell of the 7th: A bill to be entitled an act to amend the charter of the City of Thomasville by extending the city limits; and for other purposes.
The following bills of the Senate were read the third time and put upon their passage:

WEDNESDAY, JANUARY 16, 1946

45

SB 239. By Senator Gross of the 31st:
A bill to be entitled an act to fix the salary of the judge and solicitor general of the City Court of Stephens county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 251. Sy Senator Millican of the 52nd:
A bill to be entitled an act authorizing the Board of Commissioners of Roads and Revenues for Fulton county to etsablish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 246. By Senator Drake of the 8th:
A bill to be entitled an act to fix the time for holding Superior Court in Seminole county on the second Mondays in January and July; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa~sage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain to acquire school property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 248. By Senator Caldwell of the 37th: A bill to be entitled an act to amend the charter of the City of LaGrange

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by providing a new tax rate for educational 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 256. By Senator Millican of the 52nd: A bill to be entitled an act to change the time of election of Commissioners of Roads and Revenues 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled "An act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 255. By Senator Millican of the 52nd: A bill to be entitled an act to fix the salaries of the bailiffs of Fulton 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 253. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the salary of Ordinary of Fulton county at $9,000 per year; and for other purposes.

WEDNESDAY, JANUARY 16, 1946

47

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

SB 254. By Senator Millican of the 52nd: A bill to be entitled an act to fix the bond of the clerk of the Superior Courr of Fulton county at $3,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 259. By Senator Millican of the 52nd: A bill to be entitled an act that Fulton county shall furnish aid and relief and pensions to regular members of the county police departments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
A communication from the governor was received and filed with the secretary through Ivan Allan, Jr., executive secretary.
The presid~nt presented to the Senate Ivan Allan, Jr., executive secretary to the governor.
SB 250. By Senator Millican of the 52nd: A bill to be entitled an act to provide for a county manager form of government for Fulton county; and for other purposes.
The' report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general biBs of the Senate and House were read the third time and put upon their passage:

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JOURNAL OF THE SENATE,

SB 170. By Senator Gould of the 4th:
A bill to be entitled an act to provide that trial judges shall fix the sentence in criminal cases instead of the jury; and for other purposes.

Senator Welsch of the 39th offered the following amendment:
Amend SB 170 by adding at the end of Section 1, as follows: "Provided the defendant, prior to the charge of the court waives in writing the right of the jury to fix the sentence."

Senator Turner of the 34th moved that SB 170 be tabled.
On the motion to table SB 170, the ayes were 20, nays 12, and the motion prevailed.

HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Hinson of Jeff Davis and others:
A bill to provide gasoline and kerosene used on farm operations shall be exempted from the gas tax; and for other purposes.
The Committee on State of Republic offered the following substitute:
A bill to be entitled an act to amend an act known as the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) as amended, Section 92-1403, by adding a new sub-section (I) to provide for refund of tax paid on gasoline when used solely for agricuitural purposes other than for the propulsion of motor vehicles upon the public highways; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That Section 92-1403 of the Motor Fuel Taw Law (Georgia Laws 1937, pages 167-207) is here amended by adding a new sub-section to be designated as Sub-section (I) and to read as follows:
92-1403-LEVY OF TAX AND EXEMPTIONS.
(I) Any person, who shall purchase gasoline in quantities of fifty (50) gallons or more at any one time, and use said gasoline in operating tractors or other farm equipment used exclusively for agricultural purposes in farm operations, no part of which .is used in any vehicle or equipment driven or operated upon the pubiic roads, streets or highways of this state, shall be entitled to a refund of all the state tax on such gasoline except two cents (2c) per gallon, subject to the conditions set forth in this sub-section. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the treasurer of the state to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in this sub-section.

WEDNESDAY, JANUARY 16, 1946

49

Provided, however, that no person shall he entitled to a refund under this subsection unless such person is the holder on an unrevoked vendee's refund permit to he issued to such person by the Commissioner of Revenue upon application as hereinafter provided. Such permits shall he issued on an annual basis and shall expire at the end of each fiscal year. The application for such permit shall he in such form as the Commissioner of Revenue may prescribe, shall he sworn to, and shall set forth such information as the Commissioner of Revenue may require, to enable him to determine the right of the applicant to obtain refunds under this sub-section. This application shall contain a complete list with detailed description (including the make, motor number, model, horsepower, the approximate per hour fuel consumption) of all machines or machinery and equipment owned by said applicant in which gasoline is used or is to be used, including motor vehicles, airplanes, tractors, farm machinery, and any other machinery or equipment in which gasoline is used, regardless of whether or not refund claim is to be made for tax paid on gasoline used in such machine, machinery or equipment. The application shall be signed by the applicant and duly verified. Permit$ so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number.
( 1) Any person who shall be entitled to a refund of the tax with respect to any gasoline under the provisions of this sub-section shall be reimbursed to the extent of the amount of the tax paid except two cents (2c) per gallon on such gasoline in the following. manner and subject to the following conditions:
(a) All applications for refunds must be filed with the Commissioner of Revenue within six (6) months from the date of purchase of the gasoline with respect to which refund is claimed.
(b) Such applications shall be in such form as shall be prescribed by the Commissioner of Revenue, shall be sworn to, and shall state the total quantity of gasoline purchased by the applicant during the period for which refund claim is made, the date of each purchase and from whom purchased, also, the quantity of gasoline on hand at the beginning and the quantity of gasoline on hand at the end of the period for which refund is claimed. The application shall show the quantity of gasoline used in the machines or equipment listed in the user's application for permit, the quantity of gasoline used on which refund is claimed and the quantity of gasoline used on which no refund claim is made, and such other information as the Commissioner of Revenue shall require.
(c) Such application shall be accompanied by the mv01ces showing such purchases.
(d) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of fifty (50) gallons or more at any one time, and used in farm machinery and equipment listed by the vendee in his application for permit, or a sworn supplement thereto, such machinery or equipment having been used exclusively by the applicant in plowing, planting or harvesting farm products or for grinding, pumping, and other farm uses and used on agricultural property owned, leased, or operated by the person using such equipment. If the Commissioner of Revenue, after such investigation as he deems necessary, shall be satisfied that the application for a vendee's refund permit has been made in good faith and that applicant has complied with the require-

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ments of this sub-section, the Commissioner of Revenue shall issue a vendee's refund permit to the applicant, privileging him to make application, in accordance with the requirements of this sub-section, for refund of a portion of the tax as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the Commissioner of Revenue of such change and the Commissioner of Revenue may thereupon issue to the holder an amended permit, or suspend or revoke such permit, if in the judgment of the Commissioner of Revenue the facts constitute just cause therefor. The Commissioner of Revenue shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant.
(e) Such application shall contain a statement signed by the applicant that no part of the gasoline upon which he applies for refund was sold by the applicant or permitted by the applicant to be sold and that no part was used or permitted to be used for propelling a vehicle on the public highways.
(f) If, in the opinion of the Commissioner of Revenue, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the state because of any tax refund which has been erroneously paid to him, the Commissioner of Revenue shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, whereupon said applicant shall be paid his claim for refund of gasoline taxes as prescribed in this sub-section if the Commissioner of Revenue finds that he is justly entitled thereto.
(2) The above conditions having been fully complied with, the Commissioner of Revenue shall determine the amount of the refund due on such applications, and shall certify such amount to the State Auditor. The State Auditor shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund, and the Treasurer of the State shall thereupon make payment of same to such applicant.
(3) Any person who shall falsely swear to a refund application, information statement, or any sworn statement made in connection with the procurement of refund of gasoline tax, knowing that any statement contained therein is false, or any person who shall claim refund for tax paid on gasoline used for the purpose of generating power for propulsion of motor vehicles on the public highways shall be subject to the penalties provided in Section 92-9905, Sub-section (B) of the Motor Fuel Law (Georgia Laws 1937, page 205, renumbered in the Code of Georgia Annotated as Section 92-9924).
(4) (a) The Commissioner of Revenue shall make such rules and regulations, not inconsistent with the provisions of this sub-section, as are necessary and proper for the enforcement of this sub-section. Such rules and regulations shall have the force of law and shall be observed by all users seeking the benefits of this sub-section.
(b) In the event the Commissioner of Revenue concludes that any user has willfully violated the terms of this sub-section, or willfully failed to observe any of the rules and regulations adopted by the Commissioner of Revenue for the administration of this sub-section, the Commissioner may in his discretion suspend the right of such person to participate in the benefits of this sub-section for a term or not more than one year.

-

WEDNESDAY, JANUARY 16, 1946

51

Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Section 3. This act shall become effective upon the first day of July following the date of its approval by the Governor of the State of Georgia.
Senator Millican of the 52nd offered the following amendment to the substitute: Amend HB 367 by striking the word "July" in section 3 and substituting in lieu thereof the word "May."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute as amended.

Senator Millican of the 52nd moved that HB 367 be immediately transmitted to the House and the motion. prevailed.

Senator Caldwell of the 37th asked unanimous consent that SB 248 be immediately transmitted to the House and the consent was granted.

The president recognized in the gallery the Government Class of Columbia High School.

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.
Senator Freeman of the 22nd offered the following substitute:
A bill to be entitled an act to amend Section 78-216 of the Code of Georgia of 1931, relating to the amount of pensions and time of payment thereof to Confederate soldiers and their widows, as amended by the Act of the General Assembly of Georgia approved February 24, 1939 (Georgia Laws 1939, page 189), so as to provide that the annual pensions paid to widows of Confederate soldiers shall be $600.00 per annum payable in monthly installments of $50.00 per month; to repeal all conflicting laws; 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, Section 78-216 of the Code of Georgia of 1933, relating to the amount of

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pensions and time of payment to Confederate soldiers and the widows of Confederate soldiers, as amended by the Act of 1939 approved February 24, 1939 (Georgia Laws, 1939, page 189}, be, and the same is hereby amended by striking from said section the figures "$360.00" in the fifth line of said section, and inserting in lieu thereof the figures "$600.00," and by striking the figures "$30.00" in the sixth line of said section, and inserting in lieu thereof the figures "$50.00," so that said section, when so amended, shall read as follows, to wit:
78-216. Amount of pensions and time of payment.-The annual pensions paid to Confederate soldiers shall be $600.00 per annum each, and this amount shall be paid in monthly installments of $50.00 a month on the first day of each month. The annual pensions paid to widows of Confederate soldiers shall be $600.00 per annum each, and this amount shall be paid monthly in installments of $50.00 a month, on the first day of each month. The several members eligible for this pension but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given $5.00 per month for incidental expenses.
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed.

Senator Gross of the 31st offered the following amendment to the substitute:
Amend SB 232 by adding a new section to be appropriately numbered and to read as follows:
"A daughter of a Confederate veteran who is seventy years old or older, who has never married and whose father was receiving a Confederate pension from the state of Georgia at the time of his death shall be entitled to a pension in the same manner as if said daughter were a widow of a Confederate veteran."
The amendment was adopted.

Senator Harrell of the 12th asked unanimous consent that SB 232, the substitute and the amendments thereto, be recommitted, placed back into the Committee on State of Republic for further study and consideration.
The consent was granted.

SB 219. By Senator Gross of the 31st:
A bill to be entitled an Act to repeal Code Sections 24-4301, 24-4302, and 24-4304 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.

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53

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.
Senator Sabados of the lOth offered the following amendment: Amend SB 224 by adding numeral 7 after December and before 1941 so that said section as amended shall read December 7th, 1941. The amendment was adopted.
The Committee on Veterans Affairs offered the following amendment: Amend SB 224 by striking the words "ten percentum in Section 1 wherever it appears and inserting in lieu thereof the words "twenty-five per." The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 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.
The following substitute was offered by the Committee on State of Republic: A bill to be entitled an act to create and establish a merit system for personnel administration in the state government; to define the powers, duties and authority of the State Personnel Board in administering said merit system and provide for allowances to compensate the members of the board for the time lost and for the expenses incurred in the performance of these duties; to provide for and define a classified service and an unclassified service; to regulate and control the conditions of employment in the classified service; to regulate and control the conditions of employment in the classified and unclassified services and the methods of selecting personnel of the state government, its departments and agencies, where no specific method of selection is provided in the Constitution of the state; to define as part of the state service, for the purpose of this act, certain positions in county departments of public welfare, county departments of public health and city-county departments of public health; to provide for the classification of certain positions in the state service and for a pay plan for positions so classified; to determine the status of existing employees; to provide for certain preferential rights for honorably discharged veterans of any war;

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to require the certification of pay rolls; to provide for appeals to the State Personnel Board by employees and others who deem themselves aggrieved by the operations of said merit system and any rules and regulations adopted pursuant thereto; to provide for investigations, training programs and other procedures for improving the efficiency of the state service; to prohibit corrupt practises in the classified service; to provide for the keeping of permanent records and for the public inspection thereof; to prohibit political activity by employees in the classified service; to provide for the production of evidence and attendance of witnesses at hearings or investigations held under authority of the State Personnel Board; to authorize funds for and to regulate the payment of the expenses of said merit system and of the State Personnel Board; to provide for the rendering of services to certain other governmental agencies; to provide penalties for the violation of this act and/or the rules and regulations adopted pursuant thereto; to provide for cooperation with the federal government; to provide for the severability of each section of this act, imd to repeal all laws and parts of laws inconsistent with provisions hereof and especially to repeal in its entirety the act entitled "Merit System Established" (Georgia Laws 1943, pages 171177) approved February 4, 1943, at the proper time; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. PURPOSE OF THIS ACT. The purpose of this act is to effectuate and give force to the intent of Article XIV of the Constitution of the State of Georgia as approved by the people at the general election held on August 7, 1945.
Section. SHORT TITLE. This act shall be known and may be cited as the State Merit System Law.
Section 3. DEFINITIONS. The following words, terms and phrases, wherever used in this act, shall have the meanings respectively ascribed to them in this section, unless th~ context plainly indicates a contrary meeting. Words used in the masculine gender include the feminine and neutral genders and words used in the neutral gender include the masculine and feminine genders;
( 1) "Agency" or "State Agency" refers to any organizational unit through which the various functions of the state government are carried out and which operates under its own appointing authority.
(2) "Appointing Authority" means the officer, board, commiSSion, person, or group of persons having the power to make appointments to offices or positions of trust or employment in the state service.
(3) "Board" or "Personnel Board" refers to the State Personnel Board.
(4) "Chairman" refers to the chairman of the State Personnel Board.
( 5) "Class" refers to a class of positions as provided for under the classification plan.

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(6) "Classified Employees" refers to employees of the state service whose positions fall within the classified service.
(7) "Department" refers to the State Personnel Department constituted by the State Personnel Board and the State Merit System.
(8) "Director" refers to the State Personnel director.
(9) "Employee" is any person legally occupying a position in the state service.
(10) "Merit System" refers to the state merit system herein provided.
( 11) "Pay Roll" refers to the list or lists that itemize the various expenditures of an agency for personal services for a pay period.
( 12) "Position" means a group of duties and responsibilities assigned by competent authority, requiring the full-time or part-time employment of one person.
( 13) "Public Hearing" means a meeting of the board open to the public, held after at least five days' notice has been given thereof, where any interested party may appear and be heard.
( 14) "Rules and Regulations" means all rules and regulations which the State Personnel Board has the authority under the provisions of this act to adopt and establish and includes such rules and regulations dealing with the classification plan, the pay plan, the basis of selecting employees, the conditions of employment in the classified service and all other phases of personal administration.
(15) "State Personnel Board" refers to the State Personnel Board provided by Article XIV of the Constitution of the state.
(16) "State Service" means all offices and pos1t10ns of trust or employment in the service of the Georgia state government, irrespective of the source of remuneration or compensation; and includes those positions in the county departments of public welfare and the county or city-county departments of public health for which state or state-federal funds are provided.
( 17) "Unclassified Employees" refers to employees in the state service whose positions fall within the unclassified service.
Section 4. MERIT SYSTEM CREATED AND ESTABLISHED. (a) There is hereby created and established in the state government a state merit system for personnel administration. Such merit system together with the State Personnel Board provided for in Article XIV of the Constitution of the state shall be known as the State Personnel Department. (b) The executive head of the merit system shall be the state personnel director. The position of state personnel director shall be included in the classified service and the director shall be appointed by the State Personnel Board. (c) The state personnel director shall direct and supervise all the administrative and technical activities of the merit system. In addition to the duties imposed upon him elsewhere in this act, it shall be his duty:
(I) To attend all meetings of the State Personnel Board and to act as its secretary and keep minutes of its proceedings.

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(2) To establish and maintain a roster of all employees in the classified service

of the state, in which there shall be set forth, as to each employee, the class title of

the position held; the conditions of employment; the salary or pay; and any other

necessary data.

(3) To appoint, by and with the consent of the State Personnel Board, under the provisions of this Act, such employees of the department and such experts and special assistants as may be necessary to carry out effectively the provisions of this act.

(4) To develop, in cooperation with appointing authorities and others, training and educational programs for employees in the State Service.

(5) To investigate, from time to time, the operations and effect of this act, and of the rules and regulations pursuant thereto, and to report his findings and recommendations to the State Personnel Board and to the governor.

(6) To make and publish annual reports regarding the work of the department, and such special reports as he considers desirable, to the State Personnel Board and to the governor.

(7) To perform any other acts and functions which he may consider necessary or desirable to carry out the purposes of this act, or which he may be lawfully directed to perform by the State Personnel Board.
(d) The director may designate an employee of the department to act as his deputy. In case of the absence of the director or his inability from any cause to discharge the powers of his office, such powers and duties shall devolve upon his deputy.

Section 5. ORGANIZATION AND FUNCTIONS OF THE STATE PERSONNEL BOARD IN ADMINISTERING THE STATE MERIT SYSTEM. (a) The State Personnel Board, for the purpose of administering the state merit system, shall hold one regular meeting in each month. The board annually shall elect one of its members as chairman and shall make such regulations as to procedures of business as it shall consider necessary for the performance of the duties imposed upon it by this act. Meetings of the Board shall be held in the offices of the State Personnel Department unless, in the discretion of the chairman, it is necessary or convenient to meet in some other place in the performance of the duties of the Board. Special meetings may be held at such times and places as shall be specified by call of any member of the Board or by the director. Notice of the time and place of all meetings shall be given in writing to each member by the director. Meetings of the board shall be open to the public and two members shall constitute a quorum for the transaction of business. The director shall act as secretary of the board, and shall keep adequate records and minutes of its business and official actions. All records of the board shall be maintained in the offices of the State Personnel Department. Members of the State Personnel Board shall receive no salary, but shall be compensated for the loss of the time required in the performance of the duties of the board not to exceed ten dollars per day for not more than forty days in any calendar year and rt>imhursed for actual necessary expenses incurred for travel and subsistence in per-

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57

forming such duties. (b) In addition to the duties imposed upon it elsewhere in this

act, it shall be the duty of the board:

.

( 1) To represent the public interest in the improvement of personnel administration in the state service.

(2) To advise the governor and the director on problems concerning personnel administration.

(3) To advise and assist the director in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the state service.
(4) After public hearings, to make, alter, amend and promulgate rules and regulations and to establish or amend and promulgate a classification plan and -a pay plan as provided in this act.
(5) To make, either at the direction of the governor or upon the petition of any citizen for just cause, or upon its own motion, any investigation concerning the enforcement and effect of this act, and to require observance of its provisions and the rules and regulations made pursuant thereto.

(6) To conduct hearings and pass upon complaints by or against any officer or employee in the classified service for the purpose of enforcing this act and the rules and regulations pursuant thereto.

(7) To appoint and prescribe the duties of a state personnel director in accordance with the provisions of this act; and to perform, with reference to that position, all the duties that are assigned to the director in relation to all other positions in the classified service.

(8) To hear and pass upon such other matters as the director may from time to time bring before the board for determination.

(9) To approve an annual budget covering all the costs of operating the State

Personnel Department.

Section 6. FUNDS AND QUARTERS OF THE STATE PERSONNEL DEPARTMENT. (a) The principal offices of the State Personnel Department shall be in the City of Atlanta, and suitable quarters shall be assigned to the use of said department by the officer or officers charged by law with the custody of the state buildings. (b) Adequate annual appropriations shall be made to enable the department to carry out effectively the provisions of this act.

Section 7. CLASSIFIED AND UNCLASSIFIED SERVICES ESTABLISHED. (a) There shall be a classified and unclassified service. All positions in the state service, except those positions for which the Constitution makes specific provisions as to the methods by which they shall be filled, shall be in either the classified service or the unclassified service. (b) The unclassified service shall cornprise any and all of the following positions unless such positions are, or become, part of the group for which special provisions are made in the Constitution as to the method by which the positions are to be filled:

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( 1) Officers elected by popular vote and persons appointed to fill vacancies m elective offices.
(2) Officers and employees of both houses of the Legislature.
( 3) Officers and employees of courts of record.
(4) One confidential secretary and one executive secretary and eight other confidential employees in the governor's offices.
(5) Members of boards and commissions, whether appointed or self-perpetuating, state officials, and heads of departments required by law to be appointed by the governor, and the director of the State Department of Public Health.
(6) One principal assistant or deputy and one confidential secretary for each elected official, or head of a department appointed by the governor, and for each board, commission, or committee, any member of which is appointed by the governor, except the State Personnel Board, provided no appointing authority shall be required to fill any of these positions with unclassified employees, but may assign the duties of any of them to a classified employee.
(7) Special counsel employed temporarily or intermittently by an appointing authority, and regular and special assistants in the Attorney General's office.
( 8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature, or a committee thereof, or by authority of the governor, attorney general, or state auditor; and such persons employed by or on behalf of any other agency of the state, provided that in this last instance inclusion of such persons in the unclassified service is approved by the board.
(9) Persons temporarily or intermittently employed or retained by the director for the purpose of conducting or assisting in examinations.
( 10) All officers and enlisted personnel in the military or naval forces of the state.
( 11) All officers, teachers, and other employees in the educational system of the state, not reformatory or charitable in character, except those employed in the State Department of Education.
( 12) Independent contractors employed to render services on a contractual basis, including contractual professional services.
( 13) Election officials.
( 14) Patient ~r inmate help m state charitable, penal and correctional institutions.
( 15) Common laborers and seasonal workers temporarily employed and paid on an hourly, daily or piece-work basis.
(c) The classified service shall comprise all other offices and positions of em-

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ployment now existing or hereafter created in the state service except those positions for which the Constitution makes specific provisions as to the method by which they shall be filled.
Section 8. CLASSIFICATION PLAN. (a) The State Personnel director shall, as soon as practicable after this act takes effect, ascertain and record the duties of each position in the classified service and after consultation with appointing authorities and principal supervising officials, recommend to the State Personnel Board a classification plan which shall consist of: Classes designated by standard titles and designated to provide for all positions in the classified service; and regulations governing the administration and revision of the plan. (b) The plan shall provide for the director to review from time to time the duties and responsibilities of the positions in the classified service and determine to which class each position properly belongs. It shall further provide that after such review the director shall, whenever necessary, subject to appeal to the board, reallocate any position from one of .the classes to another of the classes of the plan and that when necessary, he shall recomment to the board the addition, combination, division, abolition, or revision of classes of positions, such to become effective when approved by the board. (c) The board, after public hearings, shall make any revisions in the proposed classification plan which it considers necessary or desirable and shall then approve and promulgate the plan. Each class in the plan shall include positions of which the duties are adjudged by the State Personnel Board to be sufficiently similar as to authority, responsibility and character of work so that the same tests of fitness may be used in choosing qualified appointees and the same schedule of pay can be made to apply with equity under like working conditions. The class titles shall be used in all personnel, budget and financial records. (d) The director, subject to the rules, shall provide, and may amend from time to time, a written specification of each class. Such specification shall be deemed to be descriptive only, and not restrictive. The language of such specifications is not to be construed as limiting or modifying the power of any appointing authority to take from, add to, eliminate entirely, or otherwise change the duties and responsibilities of a position or to assign duties or delegate responsibilities to employees. (e) The director, as soon as practicable after the adoption of a classification plan, hereunder, after consultation with the appointing authorities concerned, shall allocate each position in the classified service to its "appropriate class, and thereafter shall allocate each new position in such service to its appropriate class. In making such allocations he shall provide for uniform application of the classification plan to positions under different appointing authorities.
Section 9. PAY PLAN. (a) The director, after consultation with the appointing authorities concerned and resort to such other measures of investigation and research as he may deem desirable, shall cause to be prepared and submitted to the board for approval a pay plan for the classified service providing a minimum and maximum rate of pay for each class and such intermediate rates as the director considers necessary or equitable. Such a plan shall include provisions for its use and application to the classified service and for its own revision. In determining the pay scale applicable to any class, due regard shall be given to the pay scales applicable to other classes and to the relative difficulty and responsibility of the characteristic duties of positions of the class, the prevailing rates of pay for similar employment outside

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the service, economic considerations, and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the rates of the pay plan. (b) The board may amend the proposed pay plan in any way which seems desirable, before adopting it. The plan adopted by the board shall become effective upon approval by authority of the State Budget Bureau. (c) Any revisions in the plan shall be approved by the board before becoming effective and if such revisions are of such a nature as to materially affect the expenditures of any agency of the state, they must be approved by authority of the State Budget Bureau before becoming effective. (d) After adoption of the pay plan and approval by authority of the budget bureau, all payments for personal services in positions in the classified service must be made in accordance with the provisions of the approved pay plan.
Section 10. STATUS OF EXISTING EMPLOYEES. (a) Any person employed by the state at the effective date of this act, whose position falls within the classified service and who has attained a status in such position under a system which the State Personnel Board shall determine to be comparable to the merit system herein provided, shall be entitled to the same or comparable status under the state merit system as he had achieved under the former system. (b) Special examinations shall be administered as soon as practicable to other persons employed by the state at the effective date of this act whose positions fall within the classified service. Public announcement shall be made of the special examinations thirty days prior to the date of examination. Any employee seeking to establish status in his position through special examination shall be required to submit written application for such examination at least nine days prior to the date of examination. Such application must contain a sworn statement in regard to the nature and length of employment with the state. No person shall be allowed to take such special examination for any class of positions other than the class to which the eposition which he held at the effective date of this act shall have been allocated. All competitors in such special examinations, who have been employed by the state for a period of six months or longer, shall be given credit for prior employment in any position or positions in the state service in accordance with the following schedule, such points to be added to the final earned rating on such examination:
Six months service but less than one year._______________________________ 2 points credit One year service but less than two years________________________________ 4 points credit Two years service but less than three years........------------------ 6 points credit Three years service but less than four years......------------------ 8 points credit
Four years service but less than five years............................ 10 points credit
Five years service but less than SIX years______________________________ 12 points credit Six years service but less than seven years............................ 14 points credit Seven years service but less than eight years ________________________ 16 points credit Eight years service but less than nine years........----------------- 18 points credit Nine years service but less than ten years______________________________ 20 points credit Ten years service but less than eleven years__________________________ 22 points credit Eleven years service or more.... --------------------------------------------- 25 points credit
(c) As soon as practicable after such examinations, the director shall issue to each appointing authority a certificate of eligibles for each class to which positions

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61

in the agency concerned have been allocated. Such certificate shall list all the names of employees in that agency who have attained satisfactory scores on the examination. The appointing authority may upon receipt of such certificate select any one of the eligibles for appointment to any position of that class in the agency. Any position not filled by such procedure within thirty working days after the issuance of the appropriate certificate, shall be filled only in accordance with the procedures provided for in the normal selection and placement of employees on position in the classified service. Any employee of a state agency not selected in accordance with the above procedure within the said thirty working days shall not be eligible to continue in a position in the classified service, except as he shall be eligible for appointment under the procedures provided for in the normal selection and placement of employees in such service. (d) Employees appointed in accordance with this provision shall be given regular status immediately unless they shall have been employed by the state for a period less than six months, in which case they shall serve on a probationary basis for such additional period as necessary to complete six months of service and shall then be given regular status or dismissed if their services do not justify such status.
Section 11. EMPLOYMENT IN THE UNCLASSIFIED SERVICE. (a) The appropriate appointing authority shall determine the basis of merit, fitness, and efficiency. for the selection of personnel for the unclassified service and shall determine the conditions of such service. (b) The director shall have the privilege of inspecting any records necessary and of making such other investigations as seem desirable for the purpose of determining whether or not any position in the state service properly belongs in the unclassified service as heretofore defined in this act. (c) The State Personnel Board through the merit system shall render whatever services are feasible in the selection and placement of personnel in the unclassified service, provided such services :.re requested by the appropriate appointing authority. (d) The State Personnel Board shall, if so directed by the governor or the Legislature, make investigation of the basis on which any person or group of persons have been employed in the unclassified service and shall render an opinion as to the desirability of such basis of employment.
Section 12. EMPLOYMENT IN THE CLASSIFIED SERVICE. The State Personnel Board shall, after public hearings, adopt rules and regulations to regulate and control conditions of employment in the classified service and provide the method of selecting personnel for such service. The State Personnel Board shall provide in these rules for their correlation with the classification plan and the pay plan as herein provided. The rules shall include provisions for their revision, such revisions in all cases to be approved in the same manner as the original rules before becoming effective. These rules and regulations shall include but shall not be limited to provisions for the following: The selection of personnel on a basis of merit, fitness and efficiency as measured through recognized techniques of objective testing; a working test or probationary period at the beginning of employment of sufficient duration to allow for the proper evaluation of the individual's suitability for the position; tenure of employment following successful working test for all employees in the classified service; extraordinary appointments for limited periods to positions in the classified service under conditions which make it impracticable to fill such positions in a norma'

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way; training programs for the improvement of personnel of the classified service; in service ratings for the proper evaluation of the services of employees; opportunity and methods of advancement for qualified personnel through promotion; transfers and demotions of employees within the service; order of lay-off of employees when such becomes necessary due to shortage of work or funds or due to material change in duties or organization; disciplinary measures including suspension, demotion, reduction in salary and dismissal; leave regulations for sick and annual leave as well as other leaves, such as that provided for military service; procedures for reinstatement and reemployment of former employees who have been separated from the service without prejudice; proper recording of all personnel actions and establishment and maintenance of the necessary records ; appeals of decisions concerning personnel administration and the application of provisions of this act or of the rules and regulations herein provided to such personnel actions; other phases of a merit system of personnel administration.
Section 13. VETERANS PREFERENCE. The State Personnel Board shall adopt special regulations, and from time to time amend these regulations as necessary, for the purpose of granting special consideration, to honorably discharged veterans of all wars, for employment in the classified service. Such regulations shall provide, at all times, preference to such veterans equal to that existing under federal Civil Service laws at the time of the adoption of the amendment to the State Constitution on August 13, 1945. Before adopting or amending such regulations, the Board shall allow reasonable opportunity to any such veteran, or any group of such veterans, or any representative of such veterans to be heard and the opinions expressed by such veterans, group, or representative shall be duly considered in adopting or amending such regulations.
Section 14. SERVICES TO POLITICAL SUBDIVISIONS AND.OTHER PUBLIC AGENCIES. The Personnel Board may enter into agreements with county commissioners, county school boards, city officials and other such public officials to furnish services and facilities of the State Personnel Department to a municipality or political subdivision in the administering of its personnel on merit principles. All municipalities and political subdivisions of the state are hereby authorized to enter into such agreements. The director, with the consent of the board, may cooperate with other merit systems of public personnel administration and may arrange reciprocity of services with such merit systems. Any funds received for charges for services rendered under such agreement or agreements shall be made available for the use and expenses of the department for the fiscal year in which the services are rendered.
Section 15. CERTIFICATION OF PAY ROLLS. Each agency having personnel in the classified service shall submit to the director within thirty calendar days following each pay period, a true and accurate copy of any and all pay rolls of the agency. The director or his representative shall review such pay rolls to determine that all persons paid for services in positions properly falling within the classified service have been properly employed for such services in accordance with the provisions of this act and of the rules and regulations adopted pursuant thereto. The director or his representative shall certify to the agency within thirty days of receipt

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63

of each pay roll his findings in regard to that pay roll. Each appointing authority shall be personally liable for any expenditures in violation of this act and the State Personnel Board may require the payment of any sums withheld in violation of thi.~ act.
Section 16. INVESTIGATIONS. The director shall make studie~ and report to the board upon all matters pertaining to the enforcement and the effect of the provisions of this act and of the rules and regulations prescribed thereunder. He, or his representative, may visit all places of employment and services affected by this act in order to ascertain and advise with the heads of the various departments concerning their methods of handling those matters affecting employees in the classified service, such as hours of work, attendance, training, working conditions, and morale, and in order to ascertain the extent of compliance with the provisions of this act and the rules and regulations promulgated thereunder. The director in the course of such inquiries shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production of books, paper, documents, and accounts pertaining to the subject under investigation. All hearings and inquiries made by the director shall be governed by the board, and in conducting such inquiries he shall not be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony by the director shall invalidate any order, decision, rule, or regulation made by him and approved or confirmed by the Board. The director shall have authority to inquire concerning the number of employees in any department or office, and if in his judgment there is an excessive number of employees in proportion to the amount of work required in such department or office, he shall, with the approval of the board, recommend in writing to the appointing authority that the excess number of employees be laid off or transferred.
Section 17. APPEALS. An officer, employee, or citizen who feels that the decision of the director or of an appointing authority is not in accordance with the provisions of this act and of the rules and regulations adopted pursuant thereto, or such a person who feels that such rules and regulations are working or are apt to work an unnecessary hardship on him or that the efficiency of the agencies of the state government can be improved by amendment of such rules and regulations, may appear before the State Personnel Board at any of its regular meetings and shall
have the right to a hearing upon such matter, provided that a request for a hearing
upon such matter be filed in writing with the State Personnel director at least fifteen days prior to the meeting of the board. The director shall notify the members of the State Personnel Board and any appointing authorities who may be concerned ten days in advance of such hearing. The decision of the board on all appeals shall be binding on appointing authorities and employees who may be concerned.
Section 18. AGENCIES OPERATING UNDER FEDERAL PERSONNEL STANDARDS. The State Personnel Board shall cooperate fully with the federal government and the appointing authorities involved in those agencies administering any federal grant-in-aid program requiring the establishment and maintenance of personnel standards on a merit basis.
Section 19. RECORDS OF THE DEPARTMENT. The records of the department, except such records as the rules may require to be held confidential by

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reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection which may be prescribed by the director.
Section 20. POLITICAL ACTIVITY PROHIBITED. (a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations. (b) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. (c) No person shall use or promise to use, directly or indirectly, any official authority or influence whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote of political action of any person, or for any consideration. (d) No employee in the classified service and no member of the board shall directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription, or contribution. (e) No employee in the classified service shall be a member of any national, state or local committee of a political party, or an officer of a partisan political club, or a candidate for nomination or election to any federal, state or county office, or shall take any part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. Provided, however, nothing herein shall prohibit any person in the classified service from serving out the terms of a party office for which he had been elected at the time this act goes into effect. (f) Any officer or employee in the classified service who violates any of the foregoing provisions of this section shall forfeit his office or position.
Section 21. CORRUPT PRACTICES. (a) No person shall knowingly make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this act or the rules and regulations adopted pursuant thereto. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. (c) No employee of the department, examiner, or other person shall knowingly defeat, receive or obstruct any person in his right to examination, eligibility, certification, or appointment under this act, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment, in the classified service.
Section 22. ATTENDANCE OF WITNESSES: FEES, FALSE OATHS. Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under any provision or who shall without good cause disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as fees of the witnesses

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65

before the courts of record and shall be paid from the appropriation for the expenses of the Board. Any judge of a court of record, whether in term time or vacation, upon application of a member of the board or the director, shall compel the attendance of witnesses, the production of books and papers, and the giving of testimony before the board or an agent thereof by attachment, or contempt, or otherwise, in the same manner as the production of evidence shall be compelled before said court. Any person who, having taken an oath or made affirmation in the course of any investigation or hearing under the provisions of this act, shall wilfully and knowingly testify or declare falsely, shall be guilty of perjury and upon conviction shall be punished accordingly. The director or the board shall require the attendance of employees who are needed as witnesses without subpoen'll.
Section 23. PENALTIES: (a) Any person who wilfully violates any provisions of this act or of the rules and regulations properly issued hereunder shall be guilty of a misdemeanor. (h) Any person who is convicted of a misdemeanor under the foregoing section of this act shall, for a period of five years thereafter be ineligible for appointment to, or employment in, a position in the state service.
Section 24. SEVERABILITY. The sections of this act and the parts of each section are hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void, ineffective, or unconstitutional for any cause, shall not affect the other sections or parts thereof, and it is now declared that the other parts or sections would have been enacted regardless of any section or parts of sections which might be held unconstitutional, inoperative, or ineffective.
Section 25. REPEAL CLAUSE. All laws or parts of laws inconsistent or in conflict with this act are hereby expressly repealed, subject to the provisions of Section 26 hereof. The act entitled "Merit System Established" (Georgia Laws 1943, pages 171-177) approved February 4, 1943, is hereby stricken and repealed in its entirety, subject to the provisions of Section 26 hereof.
Section 26. EFFECTIVE DATE. This act shall become effective immediately upon its enactment, provided, however, that a period of twelve months shall be allowed in which to organize and prepare for the administration of the merit system herein provided, and that during such period of twelve months the employees and appointees of the state shall continue in all respects under the subject to the laws to which they are now subject.
Senator Millican of the 52nd asked unanimous consent that due to the length and importance of this bill that the secretary read the substitute and for the senators to take copies home for study before final action Thursday morning.
The consent was granted.

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 morning.

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Senate Chamber, Atlanta, Georgia. Thursday, January 17, 1946.

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 correct.
Senator Harrell of the 7th asked unanimous consent' that the reading of the journal be dispensed with.
The consent was granted and. the journel 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. Reportsof 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.

By unanimous consent the following bills and/or resolutions were introduced, read the first time and referred to committees:

SB 275. By Senator Gross of the 31st:
A bill to be entitled an act to amend an act approved March 9, 1945 (Georgia Laws 1945, pp. 362-6) to provide that judges of the Superior Court may retire after serving twenty years; and for other purposes.
Referred to Committee on General Judiciary No: 1.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

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67

SB 277. By Senators Baggett of the 51st and Minchew of the 5th:
A bill to be entitled an act to require all counties and municipalities with a population of over 1,000 to have an annual audit by a registered accountant; and for other purposes.
Referred to Committee on Municipal Government.

SB 278. By Senators Gould of the 4th and Stone of the 15th:
A bill to be entitled an act to amend Code Section 84-303 to allow any person who is graduated in architecture from a school approved by the American Institute of Architects who has served two years in the armed services to practice without an examination; and for other purposes.
Referred to Committee on State of Republic.

SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide that Mcintosh county may supplement the salary of the judge and solicitor general of the Atlantic Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary No. 2.

SB 280. By Senators Minchew of the 5th and Causey of the 46th:
A bill to be entitled an act to add mileage to the state aid system in Clinch, Askinson, Coffee and Jeff Davis counties; and for other purposes.
Referred to Committee on Highways and Public Roads.

SR 63.

.. By Senator Mavity of the 44th:
A resolution authorizing the governor to trade certain land owned by the state for 21% acres adjoining the State Park in Dade county; and for other purposes.

Referred to Committee on Public Property.

SB 281. 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 employees of the Department of Law shall be placed under the Civil Service; and for other purposes.
Referred to Committee on Municipal Government.

SB 282. By Senator Millican of the 52nd: A bill to be entitled an act to amend the ~harter of the City of Atlanta to

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provide a pension to widows of members of the fire department who died in the army in line of duty; and for other purposes.
Referred to Committee on Municipal Government.

SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta providing for compulsory retirement of city employees at the age of 65; and for other purposes.
Referred to Committee on Municipal Government.

SB 284. By Senators Mavity of the 44th and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be composed of five members and to fix their terms and compensation; and for other purposes.
Referred to Committee on Penitentiary.

The following privilege resolution was read and adopted:

SR 64. By Senator Harrell of the 7th:
A RESOLUTION
Whereas, Georgia, as one of the original thirteen colonies in the new world, recalls the aims and purposes which motivated our forefathers to leave their homelands and seek to establish a new freedom in the then desolate country called America, and
Whereas, the origin of such movement grew out of the human desire on their part to possess freedom to work, to build and exercise individual choice in the building of homes and providing for their loved ones, and
Whereas, Georgia recalls also that from the dawn of history each empire has destroyed itself whose people were denied their individual liberties, and Whereas, the present strikes, walkouts, picket lines and other labor actives are in our opinion undemocratic, un-American and foreign to the principles upon which this country was founded.
NOW, THEREFORE, BE IT RESOLVED that the General Assembly of Georgia call upon our Congress through effective laws to prohibit such deplorable scenes as we are now witnessing, and we express the fervent hope that industry and labor cease their fights and go back to work.

Mr. Stone of the 15th district, chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. President:

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69

Your Committee on Veterans 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 recommendation:

SR 62. Do Pass

Respectfully submitted,

Stone of 15th 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 240. Do Pass as Amended Respectfully submitted,
Minchew of 5th district, Chairman.

Mr. Johnson 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 recommendations:

SB 272. Do Pass

Respectfully submitted,

Johnson of 24th 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 hili of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 271. Do Pass

Respectfully submitted,

Holsenbeck of 27th district, Chairman.

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

SB 240. By .Senators Minchew of the 5th, Walker of the 45th, Gross of the 31st and Edenfield of the 2nd:
A bill to be entitled an act to provide that old age pensioners shall receive $30.00 per month in the future; and for other purposes.

SB 271. By Senators Norton of the 33rd, Nix of the 32nd and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs ; and for other purposes.

SB 272. By Senators Stone of the 15th, Gould of the 4th and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed services to deduct up to $1 ,500 from gross income in income tax returns and to exempt them from penalties for failure to file tax returns; and for other purposes.

SR 62. By Senator Johnson of the 24th:
A resolution proposing to establish a Veterans Memorial Park; and for other purposes.
The following local uncontested bills were read the third time and put upon their passage:

SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville 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 38, nays 0.

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71

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

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 quorum for the transaction of business; and for other purposes.
The report 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 266. By Senator Slaughter of the 50th:
A bill to be entitled an act amending the charter of the City of Athens, Georgia, so as to make the mayor the chief executor officer 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 261. By Senator Bentley of the 25th:
A bill to be entitled an act to incorporate the City of Silvertown in Upson county, Georgia, by decreasing or diminishing 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 41, nays 0. The bill, having received the requisite constitutional majo_rity, was passed.
As a continuing order of business the following Senate bill was taken up for the purpose of consideration:

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.
Senator Norton of the 33rd moved that SB 234 with the substitute and amend-

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ments thereto be recommitted to the Committee on State of Republic for further study and consideration.
Senator Sabados of the lOth moved the ayes and nays.
A roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Battle Branch Brown Caldwell Causey Chastain Cloud Cook Deal Drinkard Edwards

Freeman Gould Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty

Minchew Moore Nix Norton Feebles Rainey Riley Stone Welsch Wellborn

Those voting in the negative were Senators:

Sabados

Slaughter

Turner of 35th

Not voting were Senators Baggett of the 51st, Bennett of the 17th, Bentley of the 25th, Daves of the 14th, Drake of the 8th, Edenfield of the 2nd, Gillis of the 16th, Grayson of the 1st, Greene of the 21st, Millican of the 52nd, Moate of the 20th, Shedd of the 3rd, Turner of the 34th, Wall of the 9th, and Yawn of the 48th.

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

On the motion to recommit SB 234, the ayes were 32, nays 3 and the motion prevailed.

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 majo.rity the following bills of the House to wit:

HB 352. By Messrs. Phillips of Columbia and Durden of Dougherty:
A bill to be entitled an act to provide for the conversion of fraternal benefits societies into stock life insurance companies; and for other purposes.

HB 436. By Mr. Hicks of Floyd:
A bill to be entitled an act to repeal Code Section 85-1803 and substitute a new Section 85-1803 relating to assignment of choses in action arising upon

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73

contract, accounts receivable of open accounts providing for the rights of such debtors; and for other purposes.

HB 440. By Mr. Nicholson of Oconee:
A bill to be entitled an act to prohibit the use of all metal clamps, tags, hooks, plates or strips, on all sacks used for commercial feed; and for other purposes.

HB 473. By Messrs. Thompson of Meriwether, Matthews of Peach and others:
A bill to be entitled an act to provide that any stop signs erected at intersection of roads by the State Highway Department shall be legal signs; and for other purposes.

HB 484. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend Code Section 13-2023 so as to remove the limitation as to the amount of Federal Farm Loan Bonds that may be prescribed for by any bank; and for other purposes.

HB 601. By Mr. Culpepper of Fayette:
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.
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 Senate substitute to the following bill of the
House to wit:

HB 367. By Messrs. Roughton of Washington, Williams of Coffee and others:
A bill to be entitled an act to amend an act approved March 18, 1937, (Georgia Laws of 1937, page 167) to provide that all gasoline and kerosene or fuel oil of any kind used to make or produce power in the operation of a farm tractor or other implement or machinery, used exclusively on the farm shall be exempt from all state and gasoline taxes; and for other purposes.
And the speaker has appointed, as a conference committee, on the part of the House the following:
Messrs. Smith of Emanuel, Ray of 'Yarren, Roughton of Washington.

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

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Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit: SB 39. By Senator Gross of the 31st:
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.
The following bills and resolutions were read the third time and put upon their passage:

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 Appeal and to provide a new Section 24-3508 relating to law assistants, their duties and salaries; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act "to repeal an act approved February 14, 1935, entitled "An act to define the status of the regents of the University System of Georgia and of the members of the Board of Regents; and for other purposes.
Senator Turner of the 34th moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Slaughter of the 50th asked unanimous consent that SB 247 be immediately transmitted to the House and the consent was granted.

SB 244. By Senator Stone of the 1S.h:
A bill to be entitled an act to amend Section 92-3109, Code of Georgia, providing the manner and time within which veterans of World War II may

THURSDAY, JANUARY 17, 1946

75

deduct from gross income the amount of federal income tax ; and for other purposes.
Senator Stone of the 15th offered the following substitute:
A bill to be entitled an act to amend Section 92-3109 of the Code of Georgia, as amended by Section 7 of the act approved December 29, 1937 (Ga. Laws 1937-1938, Extraordinary Session, page 150), by providing the manner and time within which veterans of the war commonly referred to as World War II, may deduct from gross income the amount of federal net income taxes shown to be due from sttate income tax returns; to strike the word "net" as it appears in line 14 and between the words "Federal" and "income"; to strike also the word "net" as appearing in line 15 between the words "the" and "income"; to repeal conflicting laws; and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
1.
That Section 7 of the act approved December 29, 1937 (Georgia Laws 19371938, Extraordinary Session, page 150), be and the same is hereby amended by striking the word "net" as it appears in line 14 and between the words "Federal" and "income"; to strike also the word "net" as appearing in line 15 between the words "the" and "income"; by further amending said section by adding thereto the following proviso:
"Provided, however, that if the taxpayer is a veteran of World War II and by virtue of his service with the armed forces of the United States he was unable to file, or did not file, a state income tax return for any year while in the service, he may, upon filing such return or returns at any time while in the service, or within six months after his discharge therefrom, deduct from his state income tax the amount of federal income taxes shown to be due whether paid or not, provided such federal income taxes are actually paid within a period of six months after discharge, or six months after the passage of this act, whichever is later,"
so that said section as amended shall read as follows:
Section 7. That title 92 ("Public Revenue"), division 1 ("Source of Revenue"), Part IX ("Income Taxes"), Chapter 92-31 ("Imposition, rate and computation of tax; exemptions") of the Code of Georgia of 1933 as amended by the act approved March 26, 1935, and as further amended by the act approved March 30, 1937, relating to the state tax on incomes, be and the same is hereby amended by striking from Section 92-3109 ("Deductions from gross income"), paragraph c which permits the deduction of certain taxes, and inserting in lieu thereof the following:
"(c) Taxes.-Effective January 1, 1938, taxes paid or accrued within the taxable year, except state income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed, provided, however, that the taxpayer may only deduct from gross income the amount of federal net income taxe~

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shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such federal net income taxes in the same proportion that the income taxable by the State of Georgia bears to the entire income taxable by the Federal Government. Provided, however, that if the taxpayer is a veteran of World War II and by virtue of his service with the armed forces of the United States he was unable to file, or did not file, a state income tax return for any year while in the service, he may, upon filing such return or returns at any time while in the service, or within six months after his discharge therefrom, deduct from his state income tax return the amount of federal income taxes shown to be due whether paid or not, provided such federal income taxes are actually paid within a period of six months after discharge, or six months after the passage of this act, whichever is later."

2.
All laws or parts of laws in conflict with 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Stone of the 15th asked unanimous consent that SB 244 be immediately transmitted to the House.
The consent was granted.

SB 249. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 84-2001 of the Code of Georgia, 1933, providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.

The Committee on Veterans Affairs offered the following substitute:
A bill to be entitled an act to amend Section 84-2011 of the Code of Georgia of 1933, and all acts amendatory thereof, by striking the words "of late European War," wherever said words appear in said section and substituting in lieu thereof the words, "or World War I or World War II;" by providing that exemptions granted under said section shall extend to the practice of professions without payment of license for the privilege of so doing; to repeal all conflicting laws; and for other purposes.

THURSDAY, JANUARY 17, 1946

77

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, Section 84-2011 of the Code of Georgia of 1933, and all acts amendatory thereof, be and the same is hereby amended by striking the words, "or late European War" wherever said words appear in said section, and substituting in lieu thereof the words, "or World War I or World War II;" and by inserting between the words "business" and "in" in the fifth line of said section the words, "or practice any profession for which said person is licensed to practice in this state," so that said Section 84-2011, as amended, shall read as follows:
84-2011. Disabled or indigent soldiers and blind persons to peddle or conduct business without a license.-Any disabled or indigent Confederate veteran, or veteran of the Spanish-American War, or World War 1 or World War II, or blind person who is a resident of this state, may peddle or conduct business, or practice any profession for which said person is licensed to practice in this state, in any town, city, county, or counties thereof without paying license for the privilege of so doing; and a certificate from the ordinary of any county, stating the fact of his being such disabled or indigent Confederate veteran, or veteran of the Spanish-American War; or World War I or World War II, or blind person, shall be sufficient proof; provided, that this section shall not authorize peddling or dealing in ardent and intoxicating drinks, or running a billiard, pool or other table of like character, or dealing in futures, or peddling stoves or clocks, or carrying on in the business of a pawnbroker or auctioneer, or dealing in lightning rods; and provided further, that the privileges hereby granted shall not be transferred to or used by any other person.
Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this act be, and the same are, hereby repealed.
The substitute was adopted.
Senator Turner of the 34th moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Stone of the 15th moved that SB 249 be immediately transmitted to the House, and the motion prevailed.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Millican of the 52nd asked unanimous consent that the following bill be withdrawn from the Committee on Finance, read the second time and recommitted:

SB 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect paragraph 4 of Section I of Article 7 of the Constitution of Georgia with reference to the exemption of taxation of certain property therein described; and for other purposes.
The consent was granted.

SB 241. By Senator Stone of the 15th:
A bill to be entitled an act to provide compensation and traveling expense for members of the Board of Veterans' 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 30, 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 passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HR 362. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to authorize municipalities and counties of this state to acquire, construct, maintain and operating public parking places; and for other purposes.

HR 368. By Messrs. Twitty of Mitchell, Hand of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of planning boards and Board of Adjustment; and for other purposes.

THURSDAY, JANUARY 17, 1946

79

HB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide a plea of nolo contendere may be entered in all criminal cases in this state and to provide for the effect of such plea; and for other purposes.

HB 552. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend Code Section 74-9902 to provide for the commission if the offense of abandonment by a mother; and for other purposes.

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, and others:
A bill to be entitled an act to amend the State Hospital Authority Act; and for other purposes.

HB 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.

HB 637. By Messrs. Weaver and Wilson of Bibb, and Harris of Richmond:
A bill to be entitled an act to require the State Highway Department to publish a statement of the highway construction in each county each year; and for other purposes.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act by providing for Civil Service in the police and fire departments of the City of Columbus; and for other purposes.

HB 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.

HB 674. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, relating to the power of the city to furnish local services; and for other purposes.

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JOURNAL OF THE SENATE,

HB 679. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within corporate limits of said municipality; and for other purposes.

HR 89. By Mr. Kenimer of Harris:
A resolution to appropriate $5,000 to compensate Mr. and Mrs. J. W. McDonald for permanent injuries received by their infant son when struck by a truck owned by the State Highway Department; and for other purposes.

HR 147. By Messrs. Harris of Richmond, Durden of Dougherty and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department; and for other purposes.

HR 158. By Messrs. Weaver of Bibb, Harris of Richmond and others:
A resolution directing the State Highway Commission to prepare and publish a statement for the number of miles of highways paved in each county of the state each year and the amount spent in each county; and for other purposes.

HR 160. By Messrs. Key of Jasper, Harris of Richmond and others:
A resolution urging congressmen and senators to exert every effort to correct the condition caused by the price ceiling in the 1946 cotton crop; and for other purposes.

HR 172. By Messrs. Roughton of Washington and Smith of Bryan:
A resolution memorializing the Congress of the United States to prohibit the Office of Price Administration from placing discriminatory price ceiling against southern pulpwood growers; and for other purposes.

Senator Gross of the 31st moved that the Senate insist upon its substitute to the following bill of the House and that a committee of conference be appointed:

HB 367. By Messrs. Roughton of Washington, Williams of Coffee and others:
A bill to be entitled an act to amend an act approved March 18, 1937, to provide that all gasoline and kerosene or fuel oil of any kind used to make or product power in the operation of a farm tractor or other implements or machinery, used exclusively on the farm shall be exempt from all state and gasoline taxes; and for other purposes.

THURSDAY, JANUARY 17, 1946

81

The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators Millican of the 52nd, Freeman of the 22nd, and Greene of the 21st.

SR 58. By Senator Stone of the 15th:
A resolution proposing to the qualified voters of Georgia an amendment to Paragraph IV, Section 1 of Article VII of the Constitution of 1877 as amended in 1945, by adding thereto a new paragraph to provide an exemption from all taxation, either state, county or municipal, any and all of the property, both real and personal, owned by any recognized veterans organization that is chartered by act of the Congress of the United States, and to read as follows:
The General Assembly may by law exempt from taxation all the property, real and personal, owned by any recognized veterans organization, chartered by act of the Congress of the United States.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Caldwell Causey Chastain Cloud Cook Deal Drake Drinkard Edwards Gillis

Gould Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew Moate

Nix Norton Peebles Rainey Riley Sabados Slaughter Stone Turner of 34th Turner of 35th Walker Wall Yawn

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Daves of the 14th, Edenfield of the 2nd, Freeman of the 22nd, Grayson of the 1st, Moore of the 38th, Shedd of the 3rd, Welsch of the 39th, and Wellborn of the 40th.

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

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

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JOURNAL OF THE SENATE,

Senator Stone of the 15th asked unanimous consent that SR 58 be immediately transmitted to the House.
The consent vvas granted.

Senator Holsenbeck of the 27th asked unanimous consent that the follovving bill of the House be taken from the table, recommitted to Committee on Special Judiciary for further consideration:

HB 166. By Mr. Oakley of Barrovv and others:
A bill to be entitled an act to provide the state shall pay to clerks of the Superior c;ourts $1.00 for each recording of enlistment and discharge records of members of the armed forces; and for other purposes.
The consent vvas granted.

The follovving resolution vvas read and adopted:
By Senator Pee}lles of the 18th:
A RESOLUTION
WHEREAS, The Hon. Herbert A. Williams, Sr., of Gibson, Glascock county, Georgia, vvas an able member of this Senate for the term of 19041905, representing the 18th district, and for the period thereafter vvas a prominent and influential citizen of his community, taking active interest in public affairs, and manifesting keen interest in the vvelfare of his section, and of the State of Georgia.
AND WHEREAS, a short time ago, vvhile pursuing his agricultural duties, vvhich he enjoyed so much, he vvas the victim of a tragic event in vvhich he met his death by an attack from a bull, vvhich he had raised on his farm, being trampled to death in a lamentable manner,
THEREFORE BE IT RESOLVED BY THE SENATE OF GEORGIA, that this body extend condolences to his vvidovv, and to his son, Herbert A. Williams, Jr., who has been in the service of his country as a naval officer for the past several years, and vvho vvas the pride of his father, first honor graduate of Georgia Tech, and has served vvith honor and distinction in the Navy.
BE IT FURTHER RESOLVED, that we assure them of the sincere sympathy of this body, and deep regret of the untimely death of former Senator Williams, and that a copy of this resolution be furnished Mrs. Williams, and to his son, Herbert A. Williams, Jr.

Senator Millican of the 52nd asked unanimous consent that the following House bill be vvithdravvn from the Committee on Rules and placed into the Committee on Education for further consideration:

THURSDAY, JANUARY 17, 1946

83

HB 580. By Mr. Hatchett of Meriwether and others:
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.
The consent was granted.

The following communiction was received from His Excellency, the Governor, through Honorable Ivan Allen, Jr., executive secretary:

STATE OF GEORGIA
EXECUTIVE DEPARTMENT

ELLIS ARNALL
Governor

Atlanta

IVAN ALLEN, JR.
Executive Secretary

MR. PRESIDENT AND SENATORS:
It is my duty to transmit herewith an executive communication under seal.
Article V, Section I, Paragraph IV of the revised Constitution of Georgia provides:
"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 compliance with this provision of the Constitution, the following list of reprieves granted since the opening of the last regular session of the General Assembly is here submitted.

Name of Prisoner
Booth, Golden Hayden, Bennie Smithwick, Albert Hayes, Henry Myrick, Willis, Jr. Taylor, Nathaniel Brady, John M. Walker, Jim Wright, James Jackson, Willie Gilbert, Ulysses McMullen, Robert Williams, Henry Rivers Daniels, Eddie

Crime

Sentence

Murder Murder

Death Death

Murder

Death

Robbery (by force) Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Rape

Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Date of

Date of

Sentence

Reprieve

1-4-45 3-12-45 5-18-45

1-20-45 3-8-45 5-19-45

5-31-45 6-1-45 7-20-45 8-6-45

6-9-45 6-12-45 8-1-45, 10-18-45 8-10-45

8-21-45 9-17-45 2-8-44 Dec. term, 1943 2-14-45 Oct. term, 1944

9-8-45 9-20-45 2-1-45 1-10-45 11-9-45 11-9-45

10-31-44

11-14-45

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JOURNAL OF THE SENATE,

In each case the reprieve was granted at the request of the State Board of Pardons and Paroles, in order to give that board sufficient time to hear and pass upon applications for commutation.
Respectfully submitted,
ELLIS ARNALL, Governor.

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 12:35 o'clock.
The following communication was dispatched to His Excellency, the Governor through Mrs. Henry W. Nevin, secretary of the Senate:

w. MRS. HENRY

NEVIN

Secretary

THE STATE SENATE
ATLANTA

January 18, 1946.

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:
Hon. M. E. Thompson, of the County of Jenkins, to be State Revenue Commissioner for the unexpired term beginning August 22, 1945, and expiring February 1, 1947. The vote on this confirmation was 40 to 0.
Hon. George T. McDonald, of the County of Whitfield, to be Director of the State Highway Department for a term beginning October 5, 1945, and expiring at the pleasure of the Governor. The vote on this confirmation was 40 to 0.
Judge J. P. Houlihan, of the County of Chatham, to be a member of the State Ports Authority, representing the First Congressional District, for a term beginning May 22, 1945, and expiring July 1, 1946; and for a full term beginning July 1, 1946, and expiring July 1, 1950. The vote on this confirmation was 40 to 0.
Hon. Alfred W. Jones, of the County of Glynn, to be a member of the State

THURSDAY, JANUARY 17, 1946

85

Ports Authority, representing the Eighth Congressional District, for a term beginning May 22, 1945, and expiring July 1, 1950. The vote on this confirmation was 40 to 0.
Hon. Blake R. Van Leer, of the County of Fulton, to be a member of the State Ports Authority, representing the state-at-large, for a term beginning May 22, 1945, and expiring July 1, 1948. The vote on this confirmation was 40 to 0.
Hon. Dan Duke, of the County of Fulton, to be Assistant Attorney General for a term beginning September 4, 1945, and expiring at the pleasure of the Governor and Attorney General. The vote on this confirmation was 40 to 0.
Hon. R. U. Harden, of the County of Fulton, to be Assistant Attorney General for a term beginning November 1, 1945, and expiring at the pleasure of the Governor and Attorney General. The vote on this confirmation was 40 to 0.
Hon. E. J. Clower, of the County of Floyd, to be an Assistant Attorney General for a term beginning November 26, 1945, and expiring at the pleasure of the Governor and Attorney General. The vote on this confirmatio~ was 40 to 0.
Hon. John Sammons Bell, of the County of Fulton, to be a member of State Board of Veterans Service, for a term beginning April 1, 1945, and expiring April 1, 1946; and for a term beginning April 1, 1946, and expiring April 1, 1953. The vote on this confirmation was 40 to 0.
Hon. Jackson P. Dick, Jr., of the County of Fulton, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1947. The vote on this confirmation was 40 to 0.
Hon. Peyton Anderson, Jr., of the County of Bibb, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1949. The vote on this confirmation was 40 to 0.
Hon. Charles William Bernhardt, of the County of Fulton, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1948. The vote on this confirmation was 40 to 0..
Hon. Quimby Melton, Sr., of the County of Spalding, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1950. The vote on this confirmation was 40 to 0.
Hon. Henry Persons, of the County of Talbot, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1952. The vote on this confirmation was 40 to 0.
Hon. Fred Scott, Sr., of the County of Thomas, to be a member of the State Board of Veterans Service for a term beginning April 1, 1945, and expiring April 1, 1951. The vote on this confirmation was 40 to 0.
Hon. H. T. Dobbs, of the County of Fulton, to be a member and chairman of the State Personnel Board for a term of seven years beginning November 23, 1945. The vote on this confirmation was 40 to 0.

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JOURNAL OF THE SENATE,

Hon. Wade V. Mallard, of the County of Richmond, to be a member of the State Personnel Board, for a term of five years beginning November 23, 1945. The vote on this confirmation was 40 to 0.
Hon. A. E. Young, Jr., of the County of Polk, to be a member of the State Personnel Board for a term of three years beginning November 23, 1945. The vote on this confirmation was 40 to 0.
Dr. C. K. Sharp, of the County of Early, to be a member of the State Board of Health, representing the Second Congressional District, for the term beginning September I, 1945, and expiring September I, 1951. The vote on this confirmation was 40 to 0.
Dr. J. C. Patterson, of the County of Randolph, to be a member of the State Board of Health, representing the Third Congressional District, for an unexpired term beginning September 18, 1945, and expiring September I, 1948. The vote on this confirmation was 40 to 0.
Dr. R. Lee Rogers, of the County of Hall, to be a member of the State Board of Health, representing the Ninth Congressional District, for a term beginning September 1, 1945, and expiring September 1, 1951. The vote on this confirmation was 40 to 0.
Hon. James Peterson, of the County of Treutlen, to be a member of the Board of Regents of the University System of Georgia, representing the First Congressional District, for an unexpired term beginning May 9, 1945, and expiring January 1, 1948. The vote on this confirmation was 40 to 0.
Hon. Helon L. Chichester, of the County of Bibb, to be a member of the Georgia State Board of Pharmacy for the term beginning November 1, 1945, and expiring November I, 1950. The vote on this confirmation was 40 to 0.
Hon. Ed Stevens, of the County of Terrell, to be a niember of the Agricultural and Industrial Development Board for a term beginning August 22, 1945, and expiring at the pleasure of the Governor. The vote on this confirmation was 40 to 0.
Miss Frances Sanchez, of the County of Thomas, to be a member of the Board of Examiners of Nurses for Georgia for a term beginning January 7, 1946, and expiring September 23, 1948. The vote on this confirmation was 40 to 0.
Mrs. Mae M. Jones, of the County of Baldwin, to be a member of the Board of Examiners of Nurses for Georgia for the term beginning September 23, 1945, and expiring September 23, 1948. The vote on this confirmation was 40 to 0.
Hon. Glenn Dickerson, of the County of Lowndes, to be Judge of the City Court of Valdosta for the term beginning December 11, 1945, and expiring December II, 1949. The vote on this confirmation was 40 to 0.
Hon. Theo W. Coleman, of the County of Lowndes, to be Solicitor of the City Court of Valdosta for the term beginning December 11, 1945, and expiring December II, 1949. The vote on this confirmation was 40 to 0.

THURSDAY, JANUARY 17, 1946

87

Hon. J. W. Powell, of the County of Coweta, to be Judge of the City Court of Newnan for an unexpired term beginning November 27, 1945, and expiring on December 31, 1948. The vote on this confirmation was 40 to 0.
Hon. D. D. Veal, of the County of Putnam, to be Solicitor of the County Court of Putnam county for the unexpired term beginning August 27, 1945, and ending December 31, 1948. The vote on this confirmation was 40 to 0.
Hon. T. F. Callaway, of the County of Thomas, to be a member of the State Board of Corrections for a term of one ( 1) year beginning November 27, 1945. The vote on this confirmation was 40 to 0.
Hon. H. Turner Brice, of the County of Brooks, to be a member of the State Board of Corrections for a term of four (4) years beginning November 27, 1945. The vote on this confirmation was 40 to 0.
Hon. Wiley L. Moore, of the County of Fulton, to be a member of the State Board of Corrections for a term of two (2) years beginning November 27, 1945. The vote on this confirmation was 40 to 0.
Hon Ben Lambert, of the County of Coweta, to be a member of the State Board of Corrections for a term of three (3) years beginning November 27, 1945. The vote on this confirmation was 40 to 0.
Hon. J. Clarke Luke, Jr., of the County of Irwin, to be a member and chairman of the War Veterans Memorial Building Commission for a' term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Eugene L. Bothwell, of the County of DeKalb, to be a member and vicechairman of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Braxton Blalock, Jr., of the County of Fulton, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Harris H. Clarke, of the County of Fulton, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Thoinas C. Penland, of the County of Union, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Holstead T. Anderson, of the County of Bibb, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Dr. Jesse L. Meeks, of the County of Hall, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.

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JOURNAL OF THE SENATE,

Hon. June W. Norwood, of the County of Lowndes, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Everatt C. Bryant, of the County of Coweta, to be a member of the War Veterans Memorial Building Commission for a term beginning December 7, 1945, and expiring December 7, 1951. The vote on this confirmation was 40 to 0.
Hon. Louise J. Blalock, of the County of Fulton, to be a member of the State Board of Corrections for a term of five (5) years beginning November 27, 1945. The votP on this confirmation was 40 to 0.
Hon. Cleburne E. Gregory, Jr., of the County of DeKalb, to be Assistant Attorney General for a term beginning January 12, 1946, and expiring at the pleasure of the Governor and Attorney General. The vote on this confirmation was 40 to 0.
Hon. Patrick J. Riordan, of the County of Fulton, to be chairman of the State Board of Workmen's Compensation, succeeding Hon. Stonewall H. Dyer, for a term of four years beginning May 1, 1945. The vote on this confirmation was 40 to 0.
Hon. Arlie D. Tucker, of the County of Berrien, to be a me~ber of the State Board of Workmen's Compensation, succeeding Hon. Patrick J. Riordan, for a term of four years beginning May 1, 1945. The vote on this confirmation was 40 to 0.
Hon. Frank Spratlin, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the state at large, for a term beginning January 1, 1946, and expiring January 1, 1953. The vote on this confirmation was 40 to 0.
Hon. Marion Smith, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the state at large, for a term beginning January 1, 1946, and expiring January 1, 1953. The vote on this confirmation was 40 to 0.
Respectfully yours,
Mrs. Henry W. Nevin, Secretary to Senate.

The Senate reconvened in regular session at 12 :55 p. m. and resumed the order
of business.
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.

FRIDAY, JANUARY 18, 1946

89

Senate Chamber, Atlanta, Georgia. Friday, January 18, 1946.
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 proceeding~ had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with, and thl' journal was confirmed.

Senator Millican of the 52nd asked unanimous consent that the following bl' established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.
The president recognized in the gallery the Fifth Grade of I. N. Ragsdale School with their principal, Mrs. L. N. Thompson, and teacher, Mrs. B. R. Burnette.

By unanimous consent the following bills and/or resolutions were introduced, read the first time and referred to committees:

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Code Section 92-6215 by striking the
word "poll" in line 5 and by striking the words "Are you subject to poll
tax-( answer yes or no)" and inserting in lieu of said words the following: "Are you a registered voter? If so, what district?"; and for other purposes. Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

SR 286. By Senator Gross of the 31st:
A bill to be entitled an act to provide uniform system of county and municipal government; to provide for optional plans for both; and for other purposes.
Referred to Committee on State of Republic.

SB 287. By Senator Norton of the 33rd:
A bill to be entitled an act to amend Code Section 56-403 by providing that insurance companies shall file annual reports with the insurance commissioner instead of the governor; and for other purposes.
Referred to Committee on Insurance.

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit the time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.
Referred to Committee on Finance.

SR 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix compensation for clerks of the Superior Court and ordinaries of the state for preparing certified copies of records for veterans of the armed forces; and for other purposes.
Referred to Committee on Veterans' Affairs.

The following bill of the House was read the first time and referred to committee:

HR 362. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to authorize 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.

Mr. Johnson 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

FRIDAY, JANUARY 18, 1946

91

the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 252. Do Pass

Respectfully submitted,
Johnson of 24th district, 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 280. Do Pass

Respectfully submitted,
Drake of 8th 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 bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 166. Do Pass by Substitute Respectfully subiT.itted, Cloud of 19th district, Chairman.

Mr. Mavity of the 44th district, chairman of the Committee on State Peni.tentary, submitted the following report:

Mr. President:

Your Committee on State Penitentiary have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 284. Do Pass

Respectfully submitted,
Mavity of 44th district, Chairman.

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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 Vovernment have had under consideration the following bills of the Senate and have instructed me as chairman, to report the same hack to the Senate with the following recommendations:
SB 282. Do Pass
SB 270. Do Pass
SB 276. Do Pass
SB 283. Do Pass
SB 281. Do Pass
SB 273. Do Pass Respectfully submitted, Turner of 34th 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 580. Do Pass

Respectfully submitted,

Caldwell of 37th district, Chairman.

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 280. By Senators Minchew of the 5th and Causey of the 46th:
A bill to be entitled an act to add mileage to the state aid system in Clinch, Arkinson, Coffee and Jeff Davis counties; and for other purposes.

H B 580. By Mr. Hatchett of Meriwether and others:
A bill to repeal Code Section 32-1006 and substitute a new section to provide county superintendents of schools shall be classified and certified under the

FRIDAY, JANUARY 18, 1946

93

prov1s1on of an Act of 1937, pp. 882-885; to provide the State Board of Education shall fix their salaries; and for other purposes.

II B 166. By Mr. Oakley of Barrow and others:
A bill to be entitled an act to provide that the state shall pay to clerks of the Superior Courts $1.00 for each recording of enlistment and discharge records of members of the armed forces; and for other purposes.
Senator Causey of the 46th asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on Municipal Government:

SB 273. By Senator Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of Jackson and define the corporate limits; and for other purposes.
The consent was granted.

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

SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise the divorce laws of the state to provide for trials with or without a jury; and for other purposes.

Senator Welsch of the 39th offered the following substitute:
A bill to be entitled an act to revise and amend the laws of Georgia in respect to the granting of divorces and alimony, the grounds thereof, and the procedure incident to pleadings, verdicts and judgments therein, and to provide for trials by the court both with and without a jury; and for other purposes.
Be is enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows:
Section 1. Section 30-101 of the Code of Georgia of 1933 entitled "Total and partial; how granted; concurrent verdicts" is hereby repealed, and the following section substituted in lieu thereof:
Divorces, how granted. Total divorces in proper cases may be granted by the Superior Court unless an issuable defense is filed, or a jury trial demanded in writing by either party on or before the call of the case for trial, the judge shall hear and determine all issues of law and fact in all petitions for divorce and permanent alimony, and any other issues made in the pleadings. If a verdict or judgment is rendered authorizing the grant of a total divorce or for total divorce and permanent alimony, the verdict or judgment shall not become final for a period of thirty days.

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JOURNAL OF THE SENATE,

At the expiration of said period of 30 days the said verdict or judgment, either or both, shall become of full force and effect, unless some person at interest shall file in said court a written petition setting forth good and sufficient grounds for the modification or setting aside of such verdict or judgment. If such a petition is filed it shall be decided by the judge unless a jury trial of the issues raised thereby is demanded by any party.
Section 2. That Section 30-102 of the Code of Georgia of 1933 shall be amended by striking therefrom Subsection 7 and inserting the following in lieu thereof:
"7. Wilful and continued desertion by either of the parties for the term of one ( 1) year."
And by adding at the end thereot the following:
9. Habitual intoxication.
"10. Cruel treatment, which shall consist of the wilful inflicting of pain, bodily or bental, upon the complaining party, such as reasonably justifies apprehension of dange~ to life, limb or health."
Section 3. That Sections 30-103 and 30-104 of the Code of Georgia of 1933 be repealed.
Section 4. That Section 30-105 of the Code of Georgia be amended so that the same shall read as follows:
"30-105. Petition; process; rules of pleading. The action for divorce shall be brought by written petition and process, said petition being verified by the plaintiff. The petition shall show whether or not there are any minor children of the parties, the name and age of each minor child, and where alimony or support or the division of property is involved, the petition shall show the property and earnings of each party."
Section 5. That Section 30-106 of the Code of Georgia of 1933 be amended to read as follows:

"30-106. Respondent may have a divorce, when. When a petitiOn for divorce shall be filed, the respondent may, in his or her plea and answer, recriminate, and ask a divorce in his or her favor; and if, on the trial, the court or' jury shall believe that such party, instead of the petitioner, is entitled to divorce, they may so find upon legal proof, so as to avoid the necessity of a cross-action."
Section 6. That Section 30-108 of the Code of Georgia of 1933 be repealed.
Section 7. That Section 30-111 of the Code of Georgia of 1933 be repealed.
Section 8. That Section 30-115 of the Code of Georgia of 1933 be repealed.
Section 9. That Section 30-116 of the Code of Georgia of 1933 be repealed, and the following section inserted in lieu thereof:

FRIDAY, JANUARY 18, 1946

95

"30-116. Form of judgment and decree. Final judgment shall be so prepared as to conform to the pleadings and evidence and may restore the divorced wife's maiden name, if requested. It shall be prepared in form substantially as follows:

FINAL JUDGMENT AND DECREE
Upon consideration of this case upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say a divorce a vinculo matrimonii, between the parties to the above stated case, upon legal principles.
And it is considered, ordered and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into, and
Planitiff and defendant, formerly husband and wife, in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract, whatsoever.
The plaintiff herein shall have the right to remarry and the defendant shall ........ have the right to remarry.
We restore to plaintiff her maiden name, to wit:
The court awards the custody of the children of the parties as follows:
The court fixes alimony and support for the wife and children as follows:
Decree entered this....................day of..................................................................A.D.,
19.........

Judge Superior Court.
Section 10. That Section 30-117 of the Code of Georgia of 1933 be repealed.
Section 11. That Section 30-120 of the Code of Georgia of 1933 be repealed.
Section 12. That section 30-122 of the Code of Georgie of 1933 be amended to read as follows:
"30-122. Rights and disabilities. When a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties.
Section 13. That a new section be added to the code, to be numbered 30-134, to read as follows:
"30-134. Any case pending in any Superior Court in this state, wherein a divorce, or divorce and alimony are prayed for, and in which one verdict of the jury has been rendered, shall not be affected by this act, but the trial shall be completed in accordance with the laws of Georgia existing prior to the passage of this act, and

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JOURNAL OF THE SENATE,

any laws repealed by this act shall be considered to remain in effect, so far as said pending cases are concerned, until a final determination thereof."
Section 14. All laws, or parts of laws, in conflict herewith be, and the same are hereby, repealed.
Senator Freeman of the 22nd moved the previous question and the motion prevailed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Welsch of the 39th asked unanimous consent that SB 262 be immediately transmitted to the House and the consent was granted.

SB 267. By Senator Causey of the 46th:

A bill to be entitled an act to amend Section 59-106 of the Code of Georgia to provide that grand and traverse jurors shall be selected from resident citizens instead of from books of. the tax receivers; and for other purposes.

Senator Edwards of the 28th moves to amend SB 267 by inserting after the words "resident citizens" in Section 59-106 the words "twenty-one years of age or older."

The amendment was adopted.

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

Senator Causey of the 46th moved the ayes and nays and the motion prevailed.

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

Those voting in the affirmative were Senators:

Baggett Battle Bentley Branch Brown Causey Cloud Cook Deal Edwards

Freeman Gould Harrell of 7th Hawes Hodges
Johnson Mavity McGinty Millican Minchew

Nix Norton Rainey Riley Sabados Slaughter Turner of 35th Walker Welsch

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97

Those voting in the negative were Senators:

Caldwell

Harrell of 12th

Hill

Not voting were Senators: Bennett of the 17th, Daves of the 14th, Drake of the 8th, Drinkard of the 29th, Edenfield of the 2nd, Gillis of the 16th, Grayson of the 1st, Greene of the 21st, Holsenbeck of the 27th, Moate of the 20th, Moore of the 38th, P'eebles of the 18th, Shell of the 3rd, Stone of the 15th, Turner of the 34th, Wall of the 9th, Wellborn of the 40th, Yawn of the 48th.

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

On the passage of the bill the ayes were 29, nays 3.

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

The president presented to the Senate Colonel Collins, commanding officer of the Georgia State Guard.

The following privilege resolution was read and adopted:
By Senators Millican of the 52nd, Freeman of the 22nd, Johnson of the 24th, Mavity of the 44th, Rainey of the 11th, Bentley of the 25th, Norton of the 33rd, and Riley of the 23rd:

A RESOLUTION
WHEREAS, there has today been circulated in the halls and corridors of this capitol a scurrilous handbill attacking the character of the Speaker of the House of Representatives; and
WHEREAS, the members of the Senate desire to re-express their complete confidence and trust in the speaker and in his character and sincerity of purpose.
Therefore be it resolved by the Senate that we condemn this scurrilous attack as unjustified and unbecoming and we hereby express officially our complete confidence in the speaker and in his record as a conscientious public servant and as a Christian gentleman in private life, and we remind the people that his long, unselfish service to this state is a living memorial to this distinguished Georgian.
The president presented to the Senate Hon. T. Grady Head, justice of the Supreme Court of the State of Georgia.

SB 271. By Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on Agriculture offered the following substitute:
A bill to be entitled an act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control and eradication of pullorum disease and other contagious and infectious diseases of poultry, through the State Department of Agriculture to authorize regulations to enforce the provisions of this act; to require reports and statistical records covering intrastate as well as interstate shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock of any species; 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
1. From and after passage of this act, participation in breeding stages of the National Poultry Improvement Plan or the National Turkey Improvement Plan by hatcheries, R.O.P. breeders, dealers and supply flock owners shall be voluntary, and administrated and governed by the rules and regulations of the official state agency.
2. Nothing in this act shall be construed to establish a state plan of identification or approving hatcheries, dealers or supply flocks except as herein specified. The words "State Approved" or words or phrases of similar implication and meaning shall not be used in advertising or the sale of hatching eggs, chicks, poults or breeding stock.
SECTION 2
1. Regulations for and control of and eradication of pullorium disease and all other poultry diseases, and, the remedies therefor shall be made by the State Department of Agriculture, as being the official state agency. Requirements for pullorum testing and other sanitary measures shall be stipulated by the state veterinarian, State Department of Agriculture. In event that state regulations do not exist or apply, the minimum pullorum-control regulations of the official state agency shall be effective.
2. The State Department of Agriculture shall be authorized to quarantine and prohibit sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock, or in any area within the state, or establish special regulations for prevention and spread of pullorum disease or other infectious and contagious diseases of poultry.
3. Appointment of qualified pullorum-testing agents and supervtswn of their field work shall be made by the State Department of Agriculture. Only persons who have demonstrated that they are capable of d?ing satisfactory testing work shall be so authorized.
SECTION 3
1. Every person, firm or corporation who operates a hatchery, and dealer shall first register and secure a license from the Commissioner of Agriculture. The fee

FRIDAY, JANUARY 18, 1946

99

for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July 1st to June 30th and shall be conspicuously displayed in each place of business. Cost of license shall not be prorated and licenses purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When conditions are revealed to exist which are not in strict accord with the provisions of this act, the license may be revoked or suspended by the Commissioner of Agriculture in his discretion.

SECTION 4
1. Hatcheries and dealers shall promptly report to the state veterinarian, State Department of Agriculture, the outbreak of any contagious or infectious disease affecting chicks, poults or breeding stock in their possession or in any supply flock furnishing them with hatching eggs.
2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced.
SECTION 5
1. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the state veterinarian, State Department of Agriculture. Shippers shall be subject to investigation by the state veterinarian or other authorized person, to determine that hatching eggs, chicks, poults, or poultry breeding stock have been produced and handled under conditions no less adequate for control of pullorum disease or other contagious and infectious diseases of poultry than those required under regulations promulgated by the Commissioner of Agriculture.
2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be, (a) reported by the shipper to the state veterinarian, State Department of Agriculture on official health certificates signed by the live stock sanitary official in the state of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other contagious and infectious diseases of poultry. Duplicate copy of the health certificate shall be attached to the way-bill on each shipment. Or, (b) reported to the state veterinarian, State Department of Agriculture on official N. P. I. P. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan .or the National Turkey Improvement Plan and certified to by the official in charge of this work in the state of origin that the hatching eggs, chicks, poults or breeding stock were produced from flocks free from any contagious or infectious disease of poultry.
SECTION 6
1. Any person, firm or corporation found in violation of this act shall be guilty

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JOURNAL OF THE SENATE,

of a misdemeanor. The State Department of Agriculture may confiscate and dispose of all hatching eggs, chicks, poults, poultry breeding stock or birds of any species that are produced in the state to enter the state not in compliance with this act.

SECTION 7
1. All authority now vested by law in the Commissioner of Agriculture to make rules and regulations and to declare and enforce quarantine for the prevention and control of diseases in live stock are hereby extended by law to include poultry, with full authority to make and promulgate rules and regulations for the carrying out of this act and the enforcement of same.

SECTION 8
1. No person, firm or corporation who is a nonresident of this state shall sell, or offer for sale any hatching eggs, baby chicks, poults, started chicks or poults, poultry breeding stock or poultry birds of any species without first designating an attorney-in-fact who resides within the state, who shall be approved by the Commissioner of Agriculture, on whom legal process and service can be had in any matter or claim arising between a resident of the State of Georgia and such firm, person or corporation who is not a citizen of the state.
2. The purpose of this provision is to give to any citizen of Georgia a remedy at law in the courts of this state on any claim, damage or other indebtedness arising between such resident of Georgia and such nonresident person, firm or corporation.

SECTION 9
This act shall go into full force and effect on July 1, 1946.
Be it further enacted that each and every provision and section of this act is hereby separately enacted. All laws or parts of laws in conflict herewith are hereby repealed.
Senator Norton of the 33rd moved the previous question and the motion prevailed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The' bill, having received the requisite constitutional majority, was passed by substitute.
Senator Norton of the 33rd asked unammous consent that SB 271 be Immediately transmitted to the House.
The consent was granted.

FRIDAY, JANUARY 18, 1946

101

SB 272. By Senators Stone of the 15th, Gould of the 4th and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed services to deduct up to $1,500 from gross income in income tax returns and to exempt them from penalties for failure to file tax returns; and for other purposes.
The report 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 president recognized in the gallery the tenth and eleventh grade Government Class of Roopville High School, Carroll county, with their teacher, Mrs. W. L. Willis.

The following bill of the House was taken up for the purpose of considering the report of the conference committee:

HB 367. By Mr. Williams of Coffee and others:
A bill to be entitled an act to provide gasoline and kerosene used on farms and farm operations shall be exempt from gas tax; and for other purposes.
The conference committee report was as follows:
Mr. President:
Mr. Speaker:
Your committee on conference on HB 367 has met and recommend the House recede from its position and adopt Senate substitute to HB 367 with the following amendments proposed by the conference committee:
That the words and figures "50 gallons" in line 1, section 1, and the same words and figures in ( 1) (d) on page 2 be changed to the words and figures "25 gallons;" and further that the Senate substitute be amended by striking the word "May" in section 3 and inserting in lieu thereof the word "March."
Respectfully submitted,
ON THE PART OF THE SENATE:
Millican of the 52nd district, Baggett of the 51st district, Greene of the 21st district.
ON THE PART OF THE HOUSE,
Roughton of Washington county, Ray of Warren county, Smith of Emanuel county.

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JOURNAL OF THE SENATE,

Senator Millican of the 52nd moved that the Senate adopt the conference committee report on HB 367.
On the adoption of the report, the ayes were 35, nays 0, and the report was adopted.

The following bills of the Senate were taken up for consideration of amendments offered by the House:

SB 39. By Senator Gross of the 31st:
A bill to be entitled an act to regulate employment of children and to define hazardous occupations; and for other purposes.
The House offered the following amendments:
By Mr. Weaver of Bibb:
Moves to amend SB 39 by striking paragraph four and inserting in lieu thereof a new paragraph of the same number, which shall read as follows:
"Section Four-night delivery and sale of newspapers. Children under sixteen years of age may be employed to sell or deliver newspapers in residential areas between the hours of five o'clock p. m. and nine o'clock p. m., but shall not be employed to sell or deliver newspapers between the hours of nine o'clock p. m. and five o'clock a. m., provided such employment is not for a longer time than is provided in Section V and shall not be performed during school hours.
By Mr. Weaver of Bibb:
Amend SB 39 by striking the following provisions at the end of Section 1 :
Boys twelve and thirteen years of age may be permitted to work in wholesale and retail stores, provided work permits are procured as provided in Section 8 of this act and provided there is compliance with the provisions of Sections 3, 5, and 6 as to hours of work.
By Mr. Mathews of Peach:
Amend SB 39 as follows: Moves to exempt from the provisions of the bill all children who work during summer months in peach seasons in peach packing houses.
Br Mrs. Mankin of Fulton:
Moves to amend SB 39 by striking Section 12 thereof in its entirety and substituting in lieu thereof the following:
"Section Twelve-Effective Date. The provisions of this act shall become effective on July 1, 1946."
Senator Freeman of the 22nd moved that the Senate concur in the House amendments to SB 39.

FRIDAY, JANUARY 18, 1946

103

On the motion to concur, the ayes were 30, nays 0, and the amendments wen concurred in.

The following message was received from the House through ;y1r. P. T. l.\!IcCutche~, the clerk thereof: Mr. President:
The House has adopted the following resolution of the Senate to wit:

SR 13. By Senators Hawes of the 30th and Hill of the 36th:
A resolution inviting Hon. ]. Knox Gholston to appear before a joint session of the Senate and House to address said body; and for other purposes.

The following message was received from the House through Mr. P. T. l\1cCutchen, Jr., the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:

HR 146. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution to authorize additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institution maintenance; and for other purposes.

HR 148. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the state emergency fund to the States Ports Authority; and for other purposes.

HR 161. By Mr. Greene of Crisp:
A resolution proposing to establish a Memorial Park for Veteranw; and for other purposes.

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

HB 361. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an act to authorize the governing authority of the sev-

104

JOURNAL OF THE SENATE,

eral counties of this state to enact zoning and planning ordinances and regulations; and for other purposes.

HB 464. By Messrs. Thompson of Meriwether, Pittman of Bartow, and o~hers:
A bill to be entitled an act giving the State Highway Department of Georgia the authority for the planning, designation, establishment, use, regulation, alteration, improvement, maintenance, and vacation of limited access facilities; and for other purposes.

HB 619. By Messrs. Gowen of Glynn, Alexander of Chatham, and others:
A bill to be entitled an act to authorize the governor to set apart the rentals of the Western and Atlantic Railroad as a special fund for the uses and purposes of the State Ports Authority of Georgia and authorizing the assignment of such rentals and such fund as security for the payment of the principal of and the interest upon bonds of said State Ports Authority; and for other purposes.

HB 628. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the act granting charter of the mayor and council of the City of Athens, and all acts amendatpry thereto; and for other purposes.

HB 635. By Mr. Durden of Dougherty:.
A bill to be entitled an act to amend "An act to prescribe the fees of clerks of the Superior Courts in this state, and to provide for the payment of the same;" and for other purposes.

HB 643. By Messrs. Alexander and Connerat of Chatham and others:
A bill to be entitled an act to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, and for other purposes.

HB 645. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the mayor and councilmen of the Town of Tybee, now known as Savannah Beach, Tybee Island, Georgia; and for other purposes.

HB 654. By Messrs. Hinson of Ware, Gowers of Glynn, and others:
A bill to be entitled an act to amend an act entitled "Public Safety Department," approved March 19, 1937 (Ga. L~ws 1937, pp. 322-355), and all amendatory acts thereto; and for other purposes.

FRIDAY, JANUARY 18, 1946

105

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to be entitled an act to amend an act entitled an act to amend, revise and consolidate the several acts granting corporate authority to the City of Americus; and for other purposes.

HB 678. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act entitled "An !!Ct to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof"; and for other purposes.

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled "Department of Forestry expenditure of federal funds, approved March 9, 1945 (Georgia Laws 1945, pp. 390-393), amending an act approved March 5, 1937"; and for other purposes.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the act approved August 14, 1923, creating a public school system for the City of Waycross, Georgia; and for other purposes.
HB 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Chapter 68-6 of the Georgia Code of 1933, as amended, dealing with the regulation by the Georgia Public Service Commission of motor common carriers; and for other purposes.

HB 704. By Messrs. Weaver and Bloodworth of Bibb, and others:
A bill to be entitled an act to amend an act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, pp. 11-72), as amended March 8, 1945 (Ga. Laws 1945, pp. 267-268); and for other purposes.

HB 705. By Messrs. Young of Muscogee, Ansley of Lee, and others:
A bill to be entitled an act to amend Code Section 92-2902 of the Code of Georgia of 1933 by striking from Subsection 5 thereof subparagraphing (k); 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:

106

JOuRKAL OF THE SEKATE,

HB 522. By l\Ir. Strickland of Upson:
A bill to be entitled an act to prohibit the use of a license of an optometrist by an unlicensed person; to prohibit a licensed optometrist from conducting the practice of optometry with a person or group of persons who are not licensed optometrists; and for other purposes.

Senator Millican of the 52nd moved that the Senate recess until 1:00 o'clock and during the period of recess that the president remain in the chair for the purpose of transacting routine business.
The motion prevailed.
The Senate recessed until 1:00 o'clock.
The president remained in the chair, pursuant to the motion of Senator Millican of the 52nd, and carried on the following routine business of the Senate:
The following bills of the House were read the first time and referred to committees:

HB 361. By Messrs. Hand and Twitty of Mitchell: A bill to authorize the governing authority of the several counties, to enact and enforce zoning and planning ordinances; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 464. By Messrs. Thompson of Meriwether, Seagler of Crawford, Littlejohn
of Floyd, Crowley of McDuffie, King of Richmond, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to authorize 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.

HB 619. By Messrs. Gowen and Gilbert of Glynn and Alexander and Connerat of Chatham:
A bill to set aside rentals from the Western & Atlantic Railroad for the purpose of building ports at Savannah and Brunswick; and for other purposes.
Referred to Committee on State of Republic.

FRIDAY, JANUARY 18, 1946

107

HB 628. By Messrs. Hill and Price of Clarke:
A bill to amend the charter of the City of Aihens to make the mayor the chief executive officer of the city; and for other purposes.
Referred to Committee on Municipal Government.

HB 635. By Mr. Durden of Dougherty:
A bill to fix fees for clerks of the Superior Courts of this state; and for other purposes.
Referred to Committee on State of Republic.

HB 643. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
Referred to Committee on Municipal Government.

HB 645. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to amend the charter of the Town of Tybee, to extend the city limits and provide efor zoning ordinance; and for other purposes.
Referred to Committee on Municipal Government.

HB 654. By Messrs. Hinson of Ware, Evitt of Catoosa, Gowen of Glynn, Fortson of Wilkes, and others:
A bill to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes.
Referred to Committee on State of Republic.

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to amend the charter of the City of Americus so as to provide for zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.

HB 678. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen to extend water jurisdiction of the City of Savannah within the confines of Chatham county; and for other purposes.
Referred to Committee on Municipal Government.

JOURNAL OF THE SENATE,
HB 670. By Mr. Harrison of Jenkins: A bill to amend ari act entitled Department of Forestry-expenditure of federal funds; and for other purposes. Referred to Committee on St__e of Republic.
HB 685. By Messrs. Williams and Hinson of Ware: A bill to amend the act creating a public school system for the City of Waycross, Georgia; and for other purposes. Referred to Committee on Education.
HB 690. By Mr. Durden of Dougherty: A bill to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes. Referred to Committee on Motor Vehicles.
HB 704. By Messrs. Weaver and Bloodworth of Bibb, and others: A bill to amend the general tax act to define government war bonds issued after December 7, 1941; and for other purposes. Referred to Committee on Finance.
HB 522. By Mr. Strickland of Upson: A bill to be entitled an act to prohibit a licensed optometrist from conducting the practice of optometry with a person or group of persons who are not licensed optometrists; and for other purposes. Referred to Committee on State of Republic.
HB 368. By Messrs. Hand of Mitchell, Twitty of Mitchell and Hart of Thomas: A bill to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of planning boards and Board of Adjustment; and for other purposes. Referred to Committee on Municipal Government.
HB 679. By Messrs. Hubert, McCurdy and McWhorter of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of said municipality; and for other purposes. Referred to Committee on Municipal Government.

FRIDAY, JANUARY 18, 1946

109

TB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of nolo contendere may be entered in all criminal cases in this state and to provide for the effect of such plea; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 552. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend Code Section 74-9902 to provide for the commissi~n of the offense of abandonment by a mother, and for the compentency of witnesses; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, and Hand of Mitchell:
A bill to amend the State Hospital Authority Act to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.
Referred to Committee on State of Republic.

HB 624. By Mr. Hand of Mitchell:
A bill to amend the charter of the City of Pelham to provide a twelve-mill t-ax for school purposes; and for other purposes.
Referred to Committee on Municipal Government.

HB 637. By Messrs. Weaver and Wilson of Bibb and Harris of Richmond:
A bill to require the Highway Department to publish a statement of the highway construction in each county each year; and for other purposes.
Referred to Committee on Highways and public Roads.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.
Referred to Committee on Education.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill providing for Civil Service in the police and fire departments of the City of Columbus; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

HB 669. By Messrs. Dallas, Lam and Trotter of Troup:
A bill to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.
Referred to Committee on Counties and County .Matters.

HB 674. By Messrs. Holleman, Shields and Young of M uscogee:
A bill amending the charter of the City of Columbus, Georgia, relating to the power of the city to furnish local service; and for other purposes.
Referred to Committee on Municipal Government.

HB 352. By Messrs. Phillips of Columbia and Durden of Dougherty:
A bill to provide for the conversion of fraternal benefits societies into stock life insurance or mutual life insurance companies; and for other purposes.
Referred to Committee on Insurance.

HB 436. By Mr. Hicks of Floyd:
A bill to repeal Code Section 85-1803 and substitute a new Section 85-1803 relating to assignment of choses in action arising upon contract, accounts receivable or open accounts; providing for the rights of such debtors; and for other purposes.
Referred to Committee on State of Republic.

HB 440. By Mr. Nicholson of Oconee: A bill to prohibit the use of all metal clamps, tags, hooks, plates or strips on all sacks used for commercial feed; and for other purposes.
Referred to Committee on Agriculture.

HB 484. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend Code Section 13-2023 so as to remove the limitation as to the amount of federal farm loan bonds that may be subscribed for by any bank; and for other purposes.
Referred to Committee on Banks and Banking.

HB 473. 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 provide that any stop signs erected at inter-

FRIDAY, JANUARY 18, 1946

111

sections of roads by the State Highway Department shall be legal signs; and for other purposes.
Referred to Committee on Highways and Public Roads.

HB 705. By Messrs. Young of Muscogee and Morrison of Montgomery: A bill to amend Code Section 92-2902 by decreasing the fee for truck trailers or semitrailers in the state; and for other purposes.
Referred to Committee on Motor Vehicles.

HR 161. By Mr. Greene of Crisp: A resolution proposing to establish a memorial park for Georgia veterans; and for other purposes.
Referred to Committee on State of Republic.

HR 146. By Messrs. Harris of Richmond, Gowen of Glynn and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institions maintenance, and permanent improvements and welfare benefits; and for other purposes.
Referred to Committee on Appropriations.

HR 148. By Mr. Gowen of Glynn: A resolution authorizing allotments from the State Emergency Fund to the State Ports Authority; and for other purposes.
Referred to Committee on Appropriations.

HR 147. By Mr. Harris of Richmond and others: A resolution proposing to amend the Constitution to provide for a constitutional State Highway Department; and for other purposes.
Referred to Committee on Amendments to Constitution.

HR 158. By Messrs. Wilson and Weaver of Bibb and Harris of Richmond:
A resolution directing the State Highway Commission to prepare and publish a statement of the number of miles paved in each county of the state each year and the amount spent in each county; and for other purposes.
Referred to Committee on Highways and Public Roads.

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JOURNAL OF THE SENATE,

HR 89. By Mr. Kennimer of Harris:
A resolution to appropriate $5,000 to compensate Mr. and Mrs. ]. W. McDonald for permanent injuries received by their son when struck by a truck owned by the State Highway Department; and for other purposes.
Referred to Committee on Finance.

HB 601. By Mr. Culpepper of Fayette:
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 same home to be in lieu of pensions; and for other purposes.
Referred to Committee on State of Republic.

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

SB 281. 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 employees of the Department of Law shall be placed under the Civil Service ; and for other purposes.

SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta providing for compulsory retirement of city employees at the age of 65; and for other purposes.

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county to provide for the appointment and removal of the members of the board ; and for other purposes.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide a pension to widows of members of the fire department who died in the Army in line of duty; and for other purposes.

FRIDAY, JANUARY 18, 1946

113

SB 284. By Senators Mavity of the 44th and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be composed of five members and to fix their term and compensation; and for other purposes.

Senator Millican of the 52nd moved that the Senate do now adjourn until Monday morning at 10 o'clock and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia. Monday, January 21, 1946.

The Senate met pursuant to adjournment at lO 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 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:
I. 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 and general bills with local application. 6. Consideration of general bills and resolutions. The consent was granted.

By unanimous consent the following bills and/or resolutions were introduced, read the first time and referred to committees:

SB 290. By Senator Freeman of the 22nd:
A bill to be entitled an act to amend Code Section 84-803 to provide for 7 members on the State Board of Embalming instead of 6; and for other purposes.
Referred to Committee on State of Republic.

SB 291. By Senator Mavity of the 44th:
A bill to be entitled an act to provide that the Comptroller General be authorized to appoint a Deputy Comptroller General with authority to sign warrants; and for other purposes.
Referred to Committee on Insurance.

MONDAY, JANUARY 21, 1946

115

SB 292. By Senator Battle of the 13th:
A bill to be entitled an act to make it unlawful for employees of hotels, restaurants or other public places to solicit or receive tips; and for other purposes.
Referred to Committee on State of Republic.

SB 293. 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 prevailing wage rate shall be paid skilled mechanics in the city employ; and for other purposes. Referred to Committee on Municipal Government.
SR 65. By Senator Freeman of the 22nd: A resolution authorizing the Department of Public Welfare to provide an institution for the treatment of inebriates; and for other purposes. Referred to Committee on Public Welfare.

SB 294. By Senators Harrell of the 7th and Gross of the 31st:
A bill to be entitled an act proposing an amendment to Article 6, Section 14, Paragraph 4 of the Constitution to provide state officials shall be sued in their home county for misfeasance or malfeasance in office; and for otht>r purposes.
Referred to Committee on Amendments to Constitution.
SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide airport zoning regulations; and for other purposes.
Referred to Committee on Municipal Government.

SR 68. By Senator Riley of the 23rd:
A resolution proposing an amendment to Article 3, Section 2, Paragraph 1 of the Constitution to provide for 56 senatorial districts instead of 54; and for other purposes.
Referred to Committee on Amendments to Constitution.

SR 69. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article 7, Section 7, Paragraph 5
of the Constitution authorizing Fulton county, DeKalb county and the City

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of Atlanta or either of them to issue revenue anticipation certificates for the construction of a stadium; and for other purposes.
Referred to Committee on Amendments to Constitution.

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 621. By Messrs. Connell and Cowart of Lowndes, Herrin of Echols, Gaskins of Berrien, and Greer of Lanier:
A bill to be entitled an act to create the 53rd Senatorial District, composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th, and 8th Senatorial Districts; and for other purposes.

HB 627. 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 city commissioners to close certain streets; and for other purposes.
HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike, and Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salary of the court reporter in the Griffin Judicial Circuit; and for othe~ purposes.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not to be entered upon execution docket; and for other purposes.

HB 649. By Mr. Gavin of Clay:
A bill to be entitled an act to abolish the officers of tax rece1ver and tax collector of Clay county and create the authors of tax commissioners; and for other purposes.
HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty, Hand of Mitchell, McCracken of Jefferson, Ray of Warren, Key of Jasper, Smith of Emanuel, and Gowen of Glynn:
A bill to be entitled an act to provide for the appointment of an Assistant State Treasurer by the State Treasurer; and for other purposes.

MONDAY, JANUARY 21, 1946

117

HB 660. 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 absence of an officer or an employee for not exceeding 24 months shall not preclude them from receiving a pension; and for other purposes.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenue of the County of Hart; and for other purposes.

HR 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners for Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; and for other purposes.

HB 680. By Messrs. Hubert, McWhorter and McCurdy of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenue of such 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 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.

HB 657. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by raising the salary of the recorder; and for other purposes.

HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the county commissioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.

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JOURNAL OF THE SENATE,

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the tax commissioners of Franklin county; and for other purposes.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and blighted areas and prevent blight; and for other purposes.

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.

HB 671. By :Yiessrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the extension of corporate limits of the City of Columbus, Georgia; and for other purposes.

HB 673. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the recording and publication of ordinances of said city; and for other purposes.

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be enttiled an act authorizing the installation of photostatic equipment and other photographic equipment in the office of the Clerk of the Superior Court of DeKalb county; and for other purposes.

HB 684. By Messrs. McCurdy and Hubert of DeKalb:
A bill to be entitled an act to provide the purposes for which county taxes can be levied and to repeal conflicting code sections; 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 620. By Messrs. Gowen and Gilbert of Glynn, Alexander of Chatham and others:
A bill to be entitled an act to amend the State Ports Authority Act approved

MONDAY, JANUARY 21, 1946

119

March 9, 1945, to provide for maintenance by the state of a system of stale docks; and for other purposes.

HB 623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton by extending the city limits; and for other purposes.
HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the Superior Court; and for other purposes.

HB 632. By Mr. Mason of Morgan: A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.
HB 633. By Mr. Mason of Morgan: A bill to be entitled an act to provide for pay to the Board of County Commissioners of Morgan county; and for other purposes.

HB 634. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.
HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by extending the city limits; and for other purposes.

HB 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.

HB 647. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.

HB 652. By Messrs. Weaver, Wilson and Bloodworth of Bibb: A bill to be entitled an act to amend the charter of the City of Macon to

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JOURNAL OF THE SENATE,

give a fee simple title certain property now used by the city; 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 691. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Jacksonville in Telfair county by extending the corporate limits; and for other purposes.

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix the salary; and for other purposes.

HB 701. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome to provide civil service for city employees; and for other purposes.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to extend the city limits; and for other purposes.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purposes.

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830), regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropriation act to provide lOc per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.

MONDAY, JANUARY 21, 1946

121

HB 722. By Mr. Hicks of Floy!:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
HR 154. By Mr. Price of Clarke:
A resolution expressing tribute to a great Georgian, upon his passing, Chancellor Steadman V. Sanford of the University System of Georgia; and for other purposes.

HB 681. By Messrs. Hubert, McWhorter and McCurdy of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior Court and ordinances traffic courts in Wheeler county; and for other purposes.

HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.

HR 166. By Messrs. Harris of Richmond, Durden of Dougherty and others:
A resolution to authorize an education committee of the General Assembly to investigate and make recommendations pertaining to the Public School System of Georgia; and for other purposes.

Mr. Greene of the 21st district, chairman of the Committeeon Motor Vehicles, submitted the following report:
Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bills of the House and have instructed me as. chairman, to report the same back to the Senate with the following recommendations:

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HB 690. Do Pass as Amended

H B 705. Do Pass

Respectfully submitted,
Greene of 21st 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 resolution of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SR 63. Do Pass

Respectfully submitted,
Moore of 38th 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 661. Do Pass HB 665. Do Pass HB 643. Do Pass HB 678. Do Pass HB 628. Do Pass HB 679. Do Pass. HB 645. Do Pass HB 624. Do Pass

Respectfully submitted,
Turner of 34th district, Chairman.

MONDAY, JANUARY 21, 1946

123

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

HB 685. Do P'ass

HB 650. Do Pass

Respectfully submitted,
Caldwell of 37th 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 279. Do Pass

Respectfully submitted,
Causey of 46th 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 243. Do Pass

Respectfully submitted,
Turner of 34th 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

.

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JOURNAL OF THE SENATE,

of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 352. Do Pass
Respectfully submitted,
Norton of 33rd 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:
SB 285. Do Pass
HB 669. Do Pass
HB 361. 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 bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
SB 238. Do Pass as Amended
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 rof he Senate and have instructed me as chairman, to report the same back to

MONDAY, JANUARY 21, 1946

125

the Senate with the following recommendation:
SB 289. 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 bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
SB 234. Do Pass as Amended 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 bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 274. Do Pass

Respectfully submitted,

Moate of 20th 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 resolution of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HR 147. Do Pass

Respectfully submitted,

Harrell of 7th district, Chairman.

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JOURNAL OF THE SENATE,

The following privilege resolution was read and adopted: By Senator Gross of the 31st:
A RESOLUTION
Whereas there is now pending in the United States Senate an act creating what is known as a Fair Employment Practices Committee or Commission, which said act invades a field of human affairs which has not heretofore been the subject of federal legislation, and
Whereas the great majority of the people of the South, whose particular problems are unlike those of many other sections, are opposed to such legislation, which opposition, as to Georgia, is now being voiced by the two senators from our state, and
Whereas there has been an attempt made to make it appear to the United States Senate that the opposition of Georgia's senators does not meet with the approval of the people of Georgia,
Now therefore, be it resolved by the General Assembly of Georgia that we do oppose the passage of any such legislation, and do hereby petition the National Congress not to adopt such legislation, and further that we commend the course of our United States senators in opposing the same.
Be it further resolved that a copy of this resolution be furnished to the proper officials of the National House and Senate and to each member of the Georgia delegation in the National Congress.

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

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830) regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
Referred to Committee on Municipal Government.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.
Referred to Committee on l'vl unicipal Government.

MONDAY, JANUARY 21, 1946

127

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropnatwn act to provide lOc per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.
Referred to Committee on Finance.

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenue of such county, or other governing body of said county; and for other purposes.
Referred to Committee on Municipal Government.

HB 657. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by raising the salary of the recorder; and for other purposes.
Referred to Committee on Municipal Government.

HB 620. By Messrs. Gowen and Gilbert of Glynn and Alexander of Chatham:
A bill to be entitled an act to amend the State Ports Authority act approved March 9, 1945, to provide for maintenance by the state of a system of state docks ; and for other purposes.
Referred to Committee on State of Republic.

HB 621. By Messrs. Connell and Cowart of Lowndes and Herrin of Echols:
A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th and 8th Senatorial Districts; and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.

H R 623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton by extending the city limits.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

HR 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the Superior Court; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 627. 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 City Commission to close certain streets; and for other purposes.
Referred to Committee on Municipal Government.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by extending the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not to be entered upon execution docket; and for other purposes.
Referred to Committee on Municipal Government.

HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike, Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salary of the court reporter in the Griffin Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 632. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.
Referred to Committee on Municipal Government.

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to provide for pay to the Board of County Commissioners of Morgan county; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, JANUARY 21, 1946

129

H B 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.
Referred to Committee on Municipal Government.

HB 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.
Referred to Committee on Municipal Government.

HB 647. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 649. By Mr. Gavin of Clay:
A bill to be entitled an act to abolish the officers of tax receiver and tax collector of Clay county and created the authors of tax commissioner; and for other purposes.
Referred to Committee on Counties and County 1\tlatters.

HB 652. 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 give a fee simple title certain property now used by the city; and for other purposes.
Referred to Committee on Municipal Government.

H B 659. By Messrs. Connell of Lowndes, Durden of Dougherty, Hand of Mitchell,
Ray of Warren, Key of Jasper, and others: A bill to be entitled an act to provide for the appointment of an Assistant State Treasurer by the State Treasurer; and for other purposes.
Referred to Committee on State of Republic.

H R 660. 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 absence of an officer of an employee for not exceeding 24 months

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JOURNAL OF THE SENATE,

shall not preclude them from receiving a pension; and for other purposes. Referred to Committee on Municipal Government.

H B 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the county commiSSioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the Tax Commissioner of Franklin county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.
Referred to Committee on State of Republic.

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the extension corporate limits of the City of Columbus, Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.

H B 673. By Messrs. Holleman, Shields and Young of M uscogee: A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the recording and publication of ordinances of said city; and for other purposes. Referred to Committee on Municipal Government.
HB 675. By Mr. Herndon of Hart: A bill to be entitled an act to repeal an act creating a Board of Commis-

MONDAY, JANUARY 21, 1946

131

swners of Roads and Revenue of the County of Hart; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act authorizing the installation of photostatic equipment and other photographic equipment in the office of the Clerk of the Superior Court of DeKalb County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 684. By ~lr. Durden of Dougherty:
A bill to be entitled an act to amend Section 32-3701 of the Code of Georgia, 1933, as amended, relating to the purpose for which counties may levy taxes, so as to provide what purpose for which counties may levy taxes; and for other purposes.
Referred to Committee on Finance.

HB 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.
Referred to Committee on Public Welfare.

HB 691. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Jacksonville in Telfair county by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix the salary; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior Court and ordinaries traffic courts in Wheeler county; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 701. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome to provide civil service for city employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.
Referred to Committee on Municipal Government.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to extend the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purposes.
Referred to Committee on Municipal Government.

HR 166. By Messrs. Harris of Richmond, Durden of Dougherty and others:
A resolution to authorize the education committee of the General Assembly to investigate and make recommendations pertaining to the public school system ; and for other purposes.
Referred to Committee on Educa.tion.

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

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the Commissioner of Atkinson county at $1,800 a year; and for other purposes.

SB 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix compensation for clerks of the Superior Court and ordinaries of the state for preparing certified copies of records for veterans of the armed forces; and for other purposes.

SB 238. By Senator Daves of the 14th:
A bill to be entitled an act to provide a salary for the sheriff of Dooly county in addition to fees; and for other purposes.

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Code Section 92-6215 by striking the word "poll" in line 5 and by striking the words "are you subject to poll tax-(answer yes or no)" and inserting in lieu of said words the following: "are you a registered voter?" If so, what district?"; and for other purp,oses.

SB 279. By Senator Edenfield of the 2nd:
A bill to provide that Mcintosh county may supplement the salary of th. judge and solicitor general of the Atlantic Judicial Circuit; and for otht:r purposes.

SB 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend and revise the charter of the City of Fitzgerald; and for other purposes.

SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor to trade certain land owned by the state for 213/z acres adjoining the State P'ark in Dade county; and for other purposes.

HB 352. By Mr. Phillips of Columbia and others:
A bill to provide for the conversion of fraternal benefits societies into stock life insurance or mutual life insurance companies; and for other purposes.

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HB 705. By Mr. Young of Muscogee and others:
A bill to amend Code Section 92-2902 by decreasing the fee for truck trailers or semitrailers in the state; and for other purposes.

HB 361. By My Hand of Mitchell and others:
A bill to authorize the governing authority of the several counties to enact and enforce zoning and planning ordinances; and for other purposes.

HB 628. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens to make the mayor the chief executive officer of the city; and for other purposes.
HB 643. By Messrs. Alexander, Connerat and MeN all of Chatham: A bill to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
HB 645. By Messrs. Alexander, Connerat and MeNall of Chatham: A bill to amend the charter of the Town of Tybee, to extend the city limits and provide for zoning ordinance; and for other purposes.

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to amend the charter of the City of Americus so as to provide for zoning and planning laws; and for other purposes.

HB 678. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen to extend water jurisdiction of the City of Savannah within the confines of Chatham county; and for other purposes. more ; and for other purposes.
HB 685. By Messrs. Williams and Hinson of Ware:
A bill to amend the act creating a public school system for the City of Waycross, Georgia; and for other purposes.
HB 690. By Mr. Durden of Dougherty:
A bill to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.

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135

HB 679. By ~VIessrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of said municipality; and for other purposes.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.

HB 669. By :Messrs. Dallis, Lam and Trotter of Troup:
A bill to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.

HB 624. By :Vir. Hand of Mitchell:
A bill to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.

HB 661. By :'\!Iessrs. Holleman, Shields and Young of Muscogee:
A bill providing for Civil Service in the police and fire departments of the City of Columbus; and for other purposes.

HR 147. By :VIessrs. Gowen of Glynn, Harris of Richmond and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department; and for other purposes.

The following local bills and general bills with local application were read the third time and put upon their passage:
SB 270. By Senator :Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county to provide for the appointment and removal of the members of the board; and for other purposes.

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

SB 281. By Senator Millican of the 52nd: A bill to be entitled an act to amend the charter of the City of Atlanta to

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provide that employees of the Department of Law shall be placed under the 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 273. By Senator Hodges of the 26th: A bill to be entitled an act to create a new charter for the City of Jackson and define 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 280. By Senators Minchew of the 5th and Causey of the 46th: A bill to be entitled an act to add mileage to the state aid system in Clinch, Atkinson, Coffee and Jeff Davis 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide a pension to widows of members of the fire department who died in the Army in the line of duty; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

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137

The report 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 283. By Senator Millican of the 52nd: A bill to be entitled an act to amend Civil Service m cities of 200,000 or more; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 283 by adding at the end of Section 1 the following: "This provision shall be effective on and after December 31, 1946."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The president presented to the Senate the semor class of nurses of Crawford Long Hospital.

The following resolutions of the Senate were read and adopted:

SR 66. By Senator Harrell of the 7th:
A resolution to provide that the Department of Forestry of the State Division of Conservation be authorized, jointly with a county or counties, to establish air patrols for the detection, prevention and suppression of forest fires, and that the establishment of such air patrol be by mutual agreements between the Department of Forestry; and for other purposes.

SR 67. By Senators Freeman of the 22nd and Harrell of the 7th:
A resolution directing the Secretary of the Senate and the Clerk of the House to include as an appendix to the journal of the Senate and the journal of the House the reports of the Senate-House Committee on lnstitut\ons.
Whereas, the President of the Senate and the Speaker of the House did in 1945 appoint a committee to investigate all of the institutions operated by the State of Georgia;

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Whereas, this committee did file with the Secretary of the Senate and Clerk of the House a copy of each report;
Be it resolved by the Senate of Georgia, the House of Representatives concurring, that the Secretary of the Senate and the Clerk of the House be directed to incorporate as an appendix in the journal of the Senate and the journal of the House the report of each institution, including the final report of said committee made by the Senate-House Committee on Institutions.

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

SB 252: By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph IV of Section I of Article VII of the Constitution of this state, in reference to the exemption from taxation of certain property therein described; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Caldwell of the 37th, asked unanimous consent that SB 252 be immediately transmitted to the House.
The consent was granted.
The president presented to the Senate Carl Broome of Nahunta, Ga.; Dean Broome of Blackshear, Ga.; Sherwood Broome of Cuthbert, Ga.; C. J. Broome, Jr., of Alma, Ga.; and Lee Broome, U. S. Army.

The president presented to the Senate Mrs. Deal, wife of Senator Deal of the 49th.

Senator Grayson of the 1st asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on Privileges and Elections.

SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; and for other purposes:

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139

1rhe consent vvas granted.

A sealed communication vvas received from His Excellency, the Governor, through Ivan Allen, Jr., executive secretary, and filed vvith the secretary.

SB 284. By Senators Mavity of the 44th and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be composed of five members and to fix their term and compensation; and for other purposes.
Senator Sabados of the lOth offered the follovving amendment:
Amend SB 284 by adding a nevv paragraph, appropriately numbered, to read as follovvs: "All rules and regulations enacted by this board, under the authority of this act, shall be reasonable."
1rhe amendment vvas adopted.
Senator Harrell of the 7th offered the follovving amendment:
Amend SB 284 as follovvs: by striking from line one ( 1) in Section 7 the vvords "vvith the Governor and."
1rhe amendment vvas adopted.
1rhe report of the committee, vvhich vvas favorable to the passage of the bill as amended, vvas agreed to.
On the passage of the bi11, the ayes vvere 34, nays 3.
1rhe bill, having received the requisite constitutional majority, vvas passed as amended.

Senator Mavity of the 44th asked unanimous consent that SB 284 be immediately transmitted to the House.
1rhe consent vvas granted.
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.
1rhe Committee on State of Republic offered the follovving substitute, and due to the length and importance of this substitute it vvas considered section by section, and the follovving action vvas taken:
1rhe Committee on State of Republic offered the follovving substitute:
A bill to be entitled an act to create and establish a merit system for per-

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sonnel administration in the state government; to define the powers, duties and authority of the State Personnel Board in administering said merit system and provide for allowances to compensate the members of the board for the time lost and for the expenses incurred in the performance of these duties; to provide for and define a classified service and an unclassified service; to regulate and control the conditions of employment in the classified and unclassified services and the methods of selecting personnel of the state government, its departments and agencies, where no specific method of selection is provided in the Constitution of the State; to define as part of the state service, for the purpose of this act, certain positions in county departments of public welfare, county departments of public health and city-county departments of public health; to provide for the classification of certain positions in the state service and for a pay plan for positions so classified; to determine the status of existing employees; to provide for certain preferential rights for honorably discharged veterans of any war; to require the certification of pay rolls; to provide for appeal to the State Personnel Board by employees and others who deem themselves aggrieved by the operations of said merit system and any rules and regulations adopted pursuant thereto; to provide for investigations, training programs and other procedures for improving the efficiency of the state service; to prohibit corrupt practices in the Classified service; to provide for the keeping of permanent records and for the public inspection thereof; to prohibit political activity by employees in the classified service; to provide for the production of evidence and attendance of witnesses at hearings and investigations held under authority of the State Personnel Board; to authorize funds for and to regulate the payment of the expenses of said merit system and of the State Personnel Board; to provide for the rendering of services to certain other governmental agencies; to provide penalties for the violation of this act and/or the rules and regulations adopted pursuant thereto; to provide for cooperation with the Federal Government; to provide for the severability of each section of this act, and to repeal all laws and parts of laws inconsistent with provisions hereof and especially to repeal in its entirety, the act entitled "Merit System Established" (Georgia Laws 1943, pages 171-177) approved February 4, 1943, at the proper time; and for other purposes.
The section was adopted.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. PURPOSE OF THIS ACT. The purpose of this act is to effectuate and give force to the intent of Article XIV of the Constitution of the State of Georgia as approved by the people at the general election held on August 7, 1945.
The section was adopted.
Section 2. SHORT TITLE. This act shall be known and may be cited as the State Merit System Law.

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The section was adopted.

Section 3. DEFINITIONS. The following words, terms and phrases, wherever used in this act, shall have the meanings respectively ascribed to them in this section, unless the context plainly indicates a contrary meaning. Words used in the masculine gender include the feminine and neuter genders and words used in the neuter gender include the masculine and feminine genders:
( 1) "Agency" or "State Agency" refers to any organizational unit through which the various functions of the state government are carried out and which operates under its own appointing authority.
(2) "Appointing Authority" means the officer, board, commission, person, or group of persons having the power to make appointments to offices or positions of trust or employment in the state service.
(3) "Board" or "Personnel Board" refers to the State Personnel Board.
(4) "Chairman" refers to the chairman of the State Personnel Board.
(5) "Class" refers to a class of positions as provided for under the classification pbin.
(6) "Classified Employees" refers to employees of the state service whose positions fall within the classified service.
(7) "Department" refers to the State Personnel Department constituted by the State Personnel Board and the state merit system.
(8) "Director" refers to the State Personnel director.
(9) "Employee" is any person legally occupying a position m the state service.
( 10) "Merit System" refers to the state merit system herein provided.
( 11) "Pay Roll" refers to the list or lists that itemize the various expenditures of any agency for personal services for a pay period.
( 12) "Position" means a group of duties and responsibilities assigned by competent authority, requiring the full-time or part-time employment of one person.
( 13) "Public Hearing" means a meeting of the board open to the public held after at least five days' notice has been given thereof, where any interested party may appear and be heard.
(14) "Rules and Regulations" means all rules and regulations which the State Personnel Board has the authority under the provisions of this act to adopt and establish and includes such rules and regulations dealing with the classification plan, the pay plan, the basis of selecting employees, the conditions of employment in the Classified Service and all other phases of personnel administration.
(15) "State Personnel Board" refers to the State Personnel Board provided-by Article XIV of the Constitution of the state.

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( 16) "State Service" means all offices and positions of trust or employment in the services of the Georgia state government, irrespective of the source of remuneration or compensation; and includes those positions in the county departments of public welfare and the county or city-county departments of public health for which state or state-federal funds are provided.
(17) "Unclassified Employees" refers to employees in the state service whose positions fall within the unclassified service.
The section was adopted.

Section 4. MERIT SYSTEM CREATED AND ESTABLISHED. (a) There is hereby created and established in the state government a state merit system for personnel administration. Such merit system together with the State Personnel Board provided for in Article XIV of the Constitution of the state shall be known as the State Personnel Department. (b) The executive head of the merit system shall be the State Personnel director. The position of State Personnel director shall be included in the classified service and. the director shall be appointed by the State Personnel Board. (c) The State Personnel director shall direct and supervise all the administrative and technical activities of the merit system. In addition to the duties imposed upon him elsewhere in this act, it shall be his duty:
(I) To attend all meetings of the State Personnel Board and to act as its secretary and keep minutes of its proceedings.
(2) To establish and maintain a roster of all employees in the classified service of the state, in \vhich there shall be set forth, as to each employee, the class title of the position held; the conditions of employment; the salary or pay; and any other necessary data.
(3) To appoint, by and with the consent of the State Personnel Board, under the provisions of this act, such employees of the department and such experts and special assistants as may be necessary to carry out effectively the provisions of this act.
( 4) To develop, in cooperation with appointing authorities and others, training and educational programs for employees in the state service.
(5) To investigate, from time to time, the operations and effect of this act, and of the rules and regulations pursuant thereto, and to report his findings and recommendations to the State Personnel Board and to the governor.
(6) To make and publish annual reports regarding the work of the department, and such special reports as he considers desirable, to the State Personnel Board and to the governor.
(7) To perform any other acts and functions which he may consider necessary or desirable to carry out the purposes of this act, or which he may be lawfully directed to perform by the State Personnel Board.
(8) The director may designate an employee of the department to act as his

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deputy. In case of the absence of the director or his inability from any cause to discharge the powers of his office, such powers and duties shall devolve upon his deputy.
Committee on State of the Republic moves to amend substitute to SB 234 by adding in Section 4, line 9, after the words "Personnel Board" the following: "Said Personnel director shall have been a resident of Georgia for one year or more and shall be a person competent, trained, and experienced in the field of peresonnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel."
The amendment was adopted.
The section was adopted as amended.

Section 5. ORGANIZATION AND FUNCTIONS OF THE STATE PERSONNEL BOARD IN ADMINISTERING THE STATE MERIT SYSTEM. (a) The State Personnel Board, for the purpose of administeri.ng the state merit system, shall hold one regular meeting in each month. The board annually shall elect one of its members as chairman and shall make such regulations as to procedures of business as it shall consider necessary for the performance of the duties imposed upon it by this act. Meetings of the board shall be held in the offices of the State Personnel Department unless, in the discretion of the chairman, it is necessary or convenient to meet in some other place in the performance of the duties of the board. Special meetings may be held at such times and places as shall be specified by call of any member of the board or by the director. Notice of the time and place of all meetings shall be in writing to each member by the director. Meetings of the board shall be open to the public and two members shall constitute a quorum for the transaction of business. The director shall act as secretary of the board, and shall keep adequate records and minutes of its business and official actions. All records of the board shall be maintained in the offices of the State Personnel Department. Members of the State Personnel Board shall receive no salary, but shall be compensated for the loss of the time required in the performance of the duties of the board not to exceed ten dollars per day for not more than forty days in any calendar year and reimbursed for actual necessary expenses incurred for travel and subsistence in performing such duties. (b) In addition to the duties imposed upon it elsewhere in this act, it shall be the duty of the board:
( 1) To represent the public interest in the improvement of personnel administration in the state service.
(2) To advise the governor and the director on problems concerning personnel administration.
(3) To advise and assist the director in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the state service.
(4) After public hearings, to make, alter, amend and promulgate rules and reg-

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ulations and to establish or amend and promulgate a classification plan and a pay plan as provided in this act.
(5) To make, either at the direction of the Governor or upon the petition of any citizen for just cause, or upon its own motion, any investigation concerning the enforcement and effect of this act, and to require observance of its provisions and the rules and regulations made pursuant thereto.
(6) To coduct hearings and pass upon complaints by or against any officer or employee in the classified service for the purpose of enforcing this act and the rules and regulations pursuant thereto.
(7) To appoint and prescribe the duties of a State Personnel director in accordance with the provisions of this act; and to perform, with reference to that position, all the duties that are assigned to the director in relation to all other positions in the classified service.
(8) To hear and pass upon such other matters as the director may from time to time bring befo~e the board for determination.
(9) To approve an annual budget covering all the costs of operating the State Personnel Department.
Committee on State of the Republic moves to amend substitute to SB 234.
Amend Section 5, page 4, line 11, by striking the words "forty days in any calendar year" and inserting in lieu thereof the following: "sixty days during the first twelve months after the approval of this act by the governor and forty days in any calendar year thereafter."
The amendment was adopted.
Committee on State of the Republic moves to amend substitute to SB 234, Section 5, paragraph 9, page 4, by striking the word "approve" and inserting in lieu thereof the word "submit" and adding after the word "department" the words "to the Budget Bureau."
The amendment was adopted.
The section was adopted as amended.

Section 6. FUNDS AND QUARTERS OF THE STATE PERSONNEL DEPARTMENT. (a) The principal offices of the State P'ersonnel Department shall be in the City of Atlanta, and suitable quarters shall be assigned to the use of said department by the officer or officers charged by law with the custody of the state buildings. (b) Adequate annual appropriations shall be made to enable the department to carry out effectively the provisions of this act.
The section was adopted.

Section 7. CLASSIFIED AND UNCLASSIFIED SERVICES ESTABLISHED. (a) There shall be a classified and an unclassified service. All positions

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in the state service, except those positions for which the Constitution makes specific provisions as to the method by which they shall be filled, shall be in either the classified service or the unclassified service. (b) The unclassified service shall comprise any and all of the following positions unless such positions are, or become, part of the group for which special provisions are made in the Constitution as to the method hy which the positions are to be filled:
( 1) Officers elected by popular vote and persons appointed to fill vacancies in elective offices.
(2) Officers and employees of both Houses of the Legislature.
(3) Officers and employees of courts of records.
(4) One confidential secretary and one executive secretary and two other confidential employees in the governor's offices.
(5) Members of boards and commissions, whether appointed or self-perpetuating, state officials, and heads of departments required by law to be appointed by the governor, and the director of the State Department of Public Health.
(6) One principal assistant or deputy and one econfidential secretary for each elected official, or head of a department appointed by the governor, and for each board, commission, or committee, any member of which is appointed by the governor, except the State Personnel Board, provided no appointing authority shall be required to fill any of these positions with unclassified employees, but may assign the duties of any of them to a classified employee.
( 7) Special counsel employed temporarily or intermittently by an appomtmg authority, and regular and special assistants in the Attorney General's office.
(8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature, or a committee thereof, or by authority of the governor, attorney general, or state auditor; and such persons employed by or on behalf of any other agency of the state, provided that in this last instance inclusion of such persons in the unclassified service is approved by the board.
(9) Persons temporarily or intermittently employed or retained by the director for the purpose of conducting or assisting in examinations.
(10) All officers and enlisted personnel in the military or naval forces of the state.
( 11) All officers, teachers, and other employees in the educational systems of the state, not reformatory or charitable in character, except those employed in the State Department of Education.
( 12) Independent contractors employed to render services on a contractual basis, including independent contractual professional servic;:es.
( 13) Election officials.

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( 14) Patient or inmate help in state charitable, penal and correctional institutions.
( 15) Common laborers and seasonal workers temporarily employed and paid on an hourly, daily or piece-work basis.
(c) The classified service shall comprise all other offices and positions of employment now existing or hereafter created in the state service except those positions for which the Constitution makes specific provisions as to the methods by which they shall be filled.
Committee on State of the Republic moves to amend substitute to SB 234, Section 7 (4), page 5, by striking the word "eight" and inserting in lieu thereof the word "two."
The amendment was adopted.
Committee on State of the Republic moves to amend substitute to SB 234, Section 7, paragraph 7, by striking same in its entirety and inserting in lieu thereof the following: "special counsel employed temporarily or intermittently by an appoint~ ing authority, assistant attorney generals and special assistants in the Attorney General's office."
The amendment was adopted.
Committee on State of the Republic moves to amend substitute to SB 234 by striking Section 7, paragraph 12, page 5, in its entirety.
The amendment was adopted.
The section was adopted as amended.

Section 8. CLASSIFICATION PLAN. (a) The State Personnel director
sc ill, as soon as practicable after this act takes effect, ascertain and record the duties
of each position in the classified service and after consultation with appointing authorities and principal supervising officials, recommend to the State Personnel Board a classification plan which shall consist of: Classes designated by standard titles and designed to provide for all positions in the classified service; and regulations governing the administration and revision of the plan. (b) The plan shall provide for the director to review from time to time the duties and responsibilities of the positions in the classified service and determine to which class each position properly belongs. It shall further provide that after such review the director shall, whenever necessary, subject to appeal to the board, allocate any position from one of the classes to another of the classes of the plan and that when necessary, he shall recommend to the board the addition, combination, division, abolition, or revision of classes of positions, such to become effective when approved by the board. (c) The board, after public hearings, shall make any revisions in the proposed classification plan which it considers necessary or desirable and shall then approve and promulgate the plan. Each class in the plan shall include positions of which the duties are adjudged by the State Personnel Board to be sufficiently similar as to authority, responsibility and character

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of work so that the same tests of fitness may be used in choosing qualified appointees and the same schedule of pay can be made to apply with equity under like working conditions. The class titles shall be used in all personal, budget and financial records. (d) The director, subject to the rules, shall provide, and may amend from time to time, a written specification of each class. Such specification shall be deemed to be descriptive only, and not restrictive. The language of such specifications is not to be construed as limiting or modifying the power of any appointing authority to take from, add to, eliminate entirely, or otherwise change the duties and responsibilities of a position or to assign duties or delegate responsibilities to employees. (e) the director, as soon as practicable after the adoption of a classification plan, hereunder, after consultation with the appointing authorities concerned, shall allocate each position in the classified service to its appropriate class, and thereafter shall allocate each new ,position in such service to its appropriate class. In making such allocations he shall provide for uniform application of the classification plan to positions under different appointing authorities.
The section was adopted.

Section 9. PAY PLAN. (a) The director, after consultation with the appointing authorities concerned and resort to such other measures of investigation and research as he may deem desirable, shall cause to be prepared and submitted to the board for approval a pay plan for the classified service providing a minimum and a maximum rate of pay for each class and such intermediate rates as the director considers necessary or equitable. Such a plan shall include provisions for its use and application to the classified service and for its own revision. In determining the pay scale applicable to any class, due regard shall be given to the pay scales applicable to other classes and to the relative difficulty and responsibility of the characteristic duties of positions of the class, the prevailing rates of pay fos similar employment outside the service, economic considerations, and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the rates of the pay plan. (b) The Board may amend the proposed pay plan in any way which seems desirable, before adopting it. The plan adopted by the board 'shall become effective upon approval by authority of the State Budget Bureau. (c) Any revisions in the plan shall be approved by the board before becoming effective and if such revisions are of such a nature as to materially affect the expenditures of any agency of the state, they must be approved by authority of the State Budget Bureau before becoming effective. (d) After adoption of the pay plan and approval by authority of the Budget Bureau, all payments for personal services in positions in the classified service must be made m accordance with the provisions of the approved pay plan.
The section was adopted.

Section 10. STATUS OF EXISTING EMPLOYEES. (a) Any person employed by the state at the effective date of this act, whose position falls within the classified service and who has attained a status in such position under a system which the State Personnel Board shall determine to be comparable to the merit system herein provided, shall be entitled to the same or comparable status under the state

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merit system as he had achieved under the former system. (b) Special examinations shall be administered as soon as practicable to other persons employed by the state at the effective date of this act whose positions fall within the classified service. Public announcement shall be made of the special examinations thirty days prior to the date of examination. Any employee seeking to establish status in his position through special examination shall be required to submit written application for such examination at least nine days prior to the date of examination. Such application must contain a sworn statement in regard to the nature and length of employment with the state. No person shall be allowed to take such special examination for any class of positions other than the class to which the position which he held at the effective date of this act shall have been allocated. All competitors in such special examinations, who have been employed by the state for a period of six months or longer, shall be given credit for prior employment in any position or positions in the state service in accordance with the following schedule, such points to be added to the final earned rating on such examination:
Six months service but less than one year.............................. 2 points credit
One year's service but less than two years.............................. 4 points credit
Two years service but less than three years........................ 6 points credit
Three years service but less than four years.......................... 8 points credit
Four years service but less than five years.............................. 10 points credit
Five years service but less than six years.............................. 12 points credit
Six years service but less than seven years............................ 14 points credit
Seven years service but less than eight years........................ 16 points credit
Eight years service but less than nine years............................ 18 points credit
Nine years service but less than ten years............................ 20 points credit
Ten years service but less than eleven years........................ 22 points credit
Eleven years service or more................................................... 25 points credit
(c) As soon as practicable after such examinations, the director shall issue to each appointing authority a cerdficate of eligibles for each class to which positions in the agency concerned have been alloated. Such certificate shall list all the names of employees in that agency who have attained satisfactory scores on the examination. The appointing authority may upon receipt of such certificate select any one of the eligibles for appointment to any position of that class in the agency. Any position not filled by such procedure within thirty working days after the issuance of the appropriate certificate, shall be filled only in accordance with the procedures provided for in the normal selection and placement of employees on positions in the classified service. Any employee of a state agency not selected in accordance with the above procedure within the said thirty working days shall not be eligible to continue in a position in the classified service, except as he shall be eligible for appointment under the procedures provided for in the normal selection and placement of employees in such service. (d) Employees appointed in accordance with this provision shall be given regular status immediately unless they shall have been employed by the state for a period less than six months, in which case they shall serve on a probationary basis for such additional period as necessary to complete six months of service and

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shall then be given regular status or dismissed if their services do not justify such status.
Committee on State of the Republic moves to amend substitute to SB 234 by striking Section 10 in its entirety and inserting in lieu thereof the following:
Section 10. STATUS OF EXISTING EMPLOYEES. (a) Any person employed by the state at the effective date of this act, whose position falls within the classified service and who has been employed in such position under a system which the State Personnel Board shall determine to be comparable to the merit system herein provided, shall be entitled to the same or comparable status under the state merit system as he had achieved under the former system. (b) Any other person holding a position in the classified service of the state as herein defined who as of January 1, 1946, had been an employee of the state for at least nine months immediately preceding the effective date of this act, shall continue to hold such office subject to the provisions of the Act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular appointment in accordance with the provisions of this act provided that he shall file with the merit board within ninety (90) days after the effective date thereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the board.
(c) Any person whose employment by the state is interrupted by his entrance into the armed forces of the United States and who serves in such armed forces during the period of a war shall be conclusively presumed to be on leave of absence during the period of such service plus six months. Such service shall not be considered to extend for more than six months beyond the end of the war emergency as declared by proclamation of the Preside~t of the United States. If the employee is hospitalized at the termination of such service, his leave of absence shall be extended by a period equivalent to the period during which he is disabled for duty upon submission of acceptable evidence of such disability but shall not be extended by more than one year. If, within such period, he applies for reinstatement and reports for duty accordingly he shall be reinstated with like seniority, status, and pay to his former position or to a comparable position for which he is qualified, and if he is still physically and mentally qualified to perform the duties of such position. If the position to which such employee returns is included within the classified service his status shall be determined in the same manner as if the effective date of this act coincided with his application for reinstatement. Nothing in this section shall be considered to apply to an incumbent of a position which is accepted from both the classified and unclassified services. The provisions of this section shall apply to honorably separated members of any branch of the United States Army, the United States Navy and Marine Corps, and the United States Coast Guard who have served on active duty during a perilod of war. Any employee claiming benefits under the provisions of this section shall be required to submit, as a prerequisite to allowance of the same, a certificate of separation from such service under honorable conditions, or a discharge indicating evidence of satisfactory completion of service.
The amendment was adopted.
The section was adopted as amended.

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Section 11. EMPLOYMENT IN THE UNCLASSIFIED SERVICE. (a) The appropriate appointing authority shall determine the basis of merit, fitness, and efficiency for the selection of personnel for the unclassified service and shall determine the conditions of such service. (b) The director shall have the privilege of inspecting any records necessary and of making such other investigations as seem desirable for the purpose of determining whether or not any position in the state service properly belongs in the unclassified service as heretofore defined in this act. (c) The State Personnel Board through the merit system shall render whatever services are feasible in the selection and placement of personnel in the unclassified service, provided such services are requested by the appropriate appointing authority. (d) The State Personnel Board shall, if so directed by the governor or the Legislature, make investigation of the basis on which any person or group of persons have been employed in the unclassified service and shall render an opinion as to the desirability of such basis of employment.
The section was adopted.

Section 12. EMPLOYMENT IN THE CLASSIFIED SERVICE. The State Personnel Board shall, after public hearings, adopt rules and regulations to regulate and control conditions of employment in the classified service and provide the method of selecting personnel for such service. The State Personnel Board shall provide in these rules for their correlation with the classification plan and the pay plan as herein provided. The rules shall include provisions for their revision, such revisions in all cases to be approved in the same manner as the original rules before becoming effective. These rules and regulations shall include but shall not be limited to provisions for. the following: The selection of personnel on a basis of merit, fitness and efficiency as measured through recognized techniques of objective testing; a working test or probationary period at the beginning of employment of sufficient duration to allow for the proper evaluation of the individual's suitability for the position; tenure of employment following successful working test for all employees in the classified service; extraordinary appointments for limited periods to positions in the classified service under conditions which make it impracticable to fill such positions in a normal way; training programs for the improvement of personnel of the classified service; in service ratings for the proper evaluation of the services of employees; opportunity and methods of advancement for qualified personnel through promotion; transfers and demotions of employees within the service; order of lay-off of employees when such becomes necessary due to shortage of work or funds or due to material change in duties or organization; disciplinary measures including suspension, demotion, reduction in salary and dismissal; leave regulations for sick and annual leave as well as other leaves, such as that provided for military service; procedures for reinstatement and reemployment of former employees who have been separated from the service without prejudice; proper recording of all personnel actions and establishment and maintenance of the necessary records ; appeals of decisions concerning personnel administration and the application of provisions of this act or of the rules and regulations herein provided to such personnel actions; other phases of a merit system of personnel administration.
The section was adopted.

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151

Section 13. VETERANS PREFERENCE. The State Personnel Board shall adopt special regulations, and from time to time amend these regulations as necessary for the purpose of granting special consideration to honorably discharged veterans of all wars, for employment in the classified service. Such regulations shall provide, at all times, preference to such veterans equal to that existing under federal Civil Service laws at the time of the adoption of the amendment to the State Constitution on August 13, 1945. Before adopting or amending such regulations, the board shall allow reasonable opportunity to any such veteran, or any group of such veterans, or any representative of such veterans to be heard and the opinions expressed by such veterans, group, or representative shall be duly considered in adopting or amending such regulations.
The section was adopted.

Section 14. SERVICES TO POLITICAL SUBDIVISIONS AND OTHER AGENCIES. The Personnel Board may enter into agreements with county commissioners, county school boards, city officials and other such public officials to furnish services and facilities of the State Personnel Department to a municipality or political subdivision in the administration of its personnel on merit principles. All municipalities and political subdivisions of the state are hereby authorized to enter into such agreements. The director, with the consent of the board, may cooperate with other merit systems of public personnel administration and may arrange reciprocity of services with such merit systems. And funds received for charges for services render under such agreement or agreements shall be made available for the use and expenses of the department for the fiscal year in which the services are rendered.
The section was adopted.

Section 15. CERTIFICATION OF PAY ROLLS. Each agency having personnel in the classified service shall submit to the director within thirty calendar days following each pay period, a true and accurate copy of any and all pay rolls of the agency. The director or his representative shall review such pay rolls to determine that all persons paid for services in positions properly falling within the classified service have been properly employed for such services in accordance with the provisions of this act and of the rules and regulations adopted pursuant thereto. The director or his representative shall certify to the agency within thirty days of receipt of each pay roll his findings in regard to that pay roll. Each appointing authority shall be personally liable for any expenditures in violation of this act and the State Personnel Board may require the payment of any sums withheld in violation of this act.
The section was adopted.

Section 16. INVESTIGATIONS. The director shall make studies and report to the board upon all matters pertaining to the enforcement and the effect of the provisions of this act and of the rules and regulations prescribed thereunder. He, or his representative, may visit all places of employment and services affected by this act in order to ascertain and advise with the heads of the various departments con-

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cerning their methods of handling those matters affecting employees in the classified service, such as hours of work, attendance, training, working conditions, and morale, and in order to ascertain the extent of compliance with the provisions of this act and the rules and regulations promulgated thereunder. The director in the course of such inquiries shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production of books, paper, documents, and accounts pertaining to the subject under investigation. All hearings and inquiries made by the director shall be governed by the board, and in conducting such inquiries he shall not be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony by the director shall invalidate any order, decision, rule, or regulation made by him and approved or confirmed by the board. The director shall have authority to inquire concerning the number of employees in any department or office, and if in his judgment there is an excessive number of employees in proportion to the amount of work required in such department or office, he shall, with the approval of the board, recommend in writing to the appointing authority that the excess number of employees be laid off or transferred.
The section was adopted.

Section 17. APPEALS. An officer, employee, or citizen who feels that the decision of the director or of an appointing authority is not in accordance with the provisions of this act and of the rules and regulations adopted pursuant thereto, or such a person who feels that such rules and regulations are working or are apt to work an unnecessary hardship on him or that the efficiency of the agencies of the state government can be improved by amendment of such rules and regulations, may appear before the State Personnel Bollrd at any of its regular meetings and shall have the right to a hearing upon such matter, provided that a request for a hearing uppn such matter be filed in writing with the State Personnel director at least fifteen days prior to the meeting of the board. The director shall notify the members of the State Personnel Board and any appointing authorities who may be concerned ten days in advance of such hearing. The decision of the board on all appeals shall be binding on appointing authorities and employees who may be concerned.
The section was adopted.

Section 18. AGENCIES OPERATING UNDER FEDERAL.PERSONNEL STANDARDS. The State Personnel Board shall cooperate fully with the Federal Government and the appointing authorities involved in those agencies administering any federal grant-in-aid program requiring the establishment and maintenance of personnel standards on a merit basis.
The section was adopted.

Section 19. RECORDS OF THE DEPARTMENT. The records of the department, except such records as the rules may require to be held confidential by reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection which may be prescribed by the director.

MONDAY, JANUARY 21, 1946

153

The section was adopted.

Section 20. POLITICAL ACTIVITY PROHIBITED. (a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations. (b) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. (c) No person shall use or promise to use, directly or indirectly, any official authority or influence whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote of political action of any person, or for any consideration. (d) No employee in the classified service and no member of the board shall directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription, or contribution. (e) No employee in the classified service shall be a member of any national, state or local committee of a political party, or an officer of a partisan political club, or a candidate for nomination or election to any federal, state or county office, or shall take any part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. Provided, however, nothing herein shall prohibit any person in the classified service from serving out the terms of a party office for which he had been elected at the time this act goes into effect. (f) Any officer or employee in the classified service who violates any of the foregoing provisions of this section shall forfeit his office or position.
The section was adopted.

Section 21. CORRUPT PRACTICES. (a) No person shall knowingly make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this act or the rules and regulations adopted pursuant thereto. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, r any advantages in, a psition in the classified service. (c) No employee of the department, examiner, or other person shall knowingly defeat, deceive or obstruct any person in his right to examination, eligibility, certification, or appointment under this act, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment, in the classified service.
The section was adopted.

Section22. ATTENDANCE OF WITNESSES; FEES; FALSE OATHS. Any person who shall be served with a subpoena, issued in the course of an investigation

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or hearing conducted under any provision or who shall without good cause disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as fees of the witnesses before the courts of record and shall be paid from the appropriation for the expenses of the board. Any judge of a court of record, whether in term time or vacation, upon application of a member of the board or the director, shall compel the attendance of witnesses, the production of books and papers, and the giving of testimony before the board or an agent thereof by attachment, or contempt, or otherwise, in the same manner as the production of evidence shall be compelled before said court. Any person who, having taken an oath or made affirmation in the course of any investigation or hearing under the provisions of this act, shall wilfully and knowingly testify or declare falsely, shall be guilty of perjury and upon conviction shall be punished accordingly. The director of the board shall require the attendance of employees who are needed as witnesses without subpoena.
The section was adopted.

Section 23. PENALTIES. (a) Any persons who wilfully violate any provtstons of this act or of the rules and regulations properly issued hereunder shall be guilty of a misdemeanor. (b) Any person who is convicted of a misdemeanor under the foregoing section of this act shall, for a period of five years thereafter he ineligible for appointment to, or employment in, a position in the state service.
Senator Millican of the 52nd moved to amend Section 23, line 4, striking word "five" and inserting in lieu "one."
The amendment was adopted.
The section was adopted as amended.

Section 24. SEVERABILITY. The sections of this Act and the parts of each section are hereby declared to he independent sections and parts of sections, and the holding of any section or part thereof to he void, ineffective, or unconstitutional for any cause, shall not affect the other sections or part thereof, and it is now declared that the other parts or sections would have been enacted regardless of any section or parts of sections which might he held unconstitutional, inoperative, or ineffective.
The section was adopted.

Section 25. REPEAL CLAUSE. All laws or parts of laws inconsistent or in conflict with this act are hereby repealed, subject to the provisions of Section 26 hereof. The act entitled "Merit System Established" (Georgia Laws 1943, pages 171-177) approved February 4, 1943, is hereby stricken and repealed in its entirety, subject to the provisions of Section 26 hereof.
The section was adopted.

Section 26. EFFECTIVE DATE. This act shall become effective immediately upon its enactment, provided, however, that a period of twelve months shall he al-

MONDAY, JANUARY 21, 1946

155

lowed in which to organize and prepa.ce for the administration of the merit system herein provided, and that during such period of twelve months the employees and appointees of the state shall continue in all respects under the subject to the laws to which they are now subject.

Committee on State of the Republic moves to amend substitute to SB 234 by striking Section 26 in its entirety and substitute in lieu thereof the following: Effective date. This act shall become effective October 1, 1946."

The amendment was adopted.

The section was adopted as amended.

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

Senator Harrell of the 7th 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:

Battle Branch Brown Causey Cloud Cook Daves Deal Drake Edenfield Edwards Freeman Gould

Grayson Greene Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew Moate

Moore Norton Peebles Riley Sabados Slaughter Stone Turner of 34th Turner of 35th Walker Wall Wellborn

Those voting in the negative were Senators:

Baggett Bentley Caldwell

Chastain Drinkard Nix

Rainey

Not voting were Senators: Bennett of the 17th, Gillis of the 16th, Harrell of the 12th, Shedd of the 3rd, Welsch of the 39th, and Yawn of the 48th.

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

On the passage of the bill, the ayes were 39, nays 7.

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

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Senator Edwards of the 28th asked unaDimous consent that SB 234 be Immediately transmitted to the House.
The consent was granted.

Senator Grayson of the 1st asked unanimous consent that the following resolution of the House be withdrawn from the committee, read the second time and recommitted to the Committee on Appropriations:

HR 148. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the state emergency fund to the State Ports Authority; and for other purposes.
The consent was granted.

The president presented to the Senate Miss Charline Williams, daughter of Charlie Williams, director of the State Patrol.

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 181. By Mr. Harris of Richmond:
A resolution resolving that the House and Senate convene in joint session at eleven o'clock a. m. on Tuesday, January 22nd, in the Hall of the House of Representatives for the purpose of hearing a speech by the Honorable Knox Gholston, of Comer, Georgia, a member of the State Highway Board.

The speaker has appointed, as a committee of escort on the part of the House, the following:
Messrs. Seagraves of Madison, Wilson of Bibb, and Cates of Burke.

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, JANUARY 22, 1946

157

Senate Chamber, Atlanta, Georgia. Tuesday, January 22nd, 1946.
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:
l. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Consideration of local uncontested bills and resolutions. 6. Consideration of general bills and resolutions.
The consent was granted.

The following resolution of the House was read and adopted:

HR 181. By Mr. Harris of Richmond:
A resolution resolving that the House and Senate convene in joint session at II o'clock a. m. Tuesday, January 22nd, in the Hall of the House of Representatives for the purpose of hearing a speech by Hon. Knox Gholston, member of the State Highway Board; and for other purposes.

The president appointed on the part of the Senate: Senators Hill of the 36th and Hawes of the 30th.

By unanimous consent the following bills and/or resolutions were introduced, read the first time and referred to committees:

SB 296. By Senator Freeman of the 22nd: A bill to be entitled an act to increase the pension to Confederate soldiers

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and their widows to fifty dollars ($50.00) per month; and for other purposes.
Referred to Committee on State of Republic.

The following privilege resolution was read and adopted:
SR 70. By Senator Gross of the 31st:
A resolution approving the principle of world federation:
WHEREAS, it is necessary at the present juncture of human affairs to enlarge the bases of organized society by establishing a government for the community of nations, in order to preserve civilization and enable mankind to live in peace and be free, the following principles and objectives are hereby enunciated in
THE DECLARATION OF THE FEDERATION OF THE WORLD
Man, the source of all political authority, is a manifold political being. He is a citizen of several communities; the city, the state, the nation and the world. To each of these communities he owes inalienable obligations and from each he receives t"nduring benefits.
Communities may exist for a time without being incorporated but, under the stress of adversity, they disintegrate unless legally organized. Slowly but purposefully through the centuries, civilization has united the world, integrating its diverse local interests and creating an international community that now embraces every region and every person on the globe. This community has no government, and communities without governments perish. Either this community must succumb to anarchy or submit to the restrains of law and order.
Governments can only be established through the deliberate efforts of men. Man has struggled from time immemorial to endow the individual with certain fundamental rights whose very existence is now imperiled. Among those rights is man's freedom to worship, speak, write, assemble and vote without arbitrary interference. To safeguard these liberties as a heritage for the human race, governments were instituted among men, with constiutional guarantees against the despotic exercise of political authority, such are are provided by elected parliaments, trial by jury, habeas corpus and due process of law. Man must now either consolidate his historic rights or lose them for generations to come.
The ceaseless changes wrought in human society by science, industry and economics, as well as by the spiritual, social and intellectual forces which impregnate all cultures, make political and geographical isolation of nations hereafter impossible. The organic life of the human race is at last indossolubly unified and can never be severed, but it must be politically ordained and made subject to law. Only a government capable of discharging all the functions of sovereignty in the executive, legislative and judicial spheres can accomplish such a task. Civilization now requires laws, in the place of treaties, as instruments to regulate commerce between peoples. The intricate conditions of modern life have rendered treaties ineffectual and obsolete,

TUESDAY, JANUARY 22, 1946

159

and made laws essential and inevitable. The age of treaties is dead; the age of laws is here.
Governments, limited in their jurisdiction to local geographical areas, can no longer satisfy the needs or fulfill the obligations of the human race. Just as feudalism served its purpose in human history and was superseded by nationalism, so has nationalism reached its apogee in this generation and yielded its hegemony in the body politic to internationalism. The first duty of government is to protect life and property, and when governments cease to perform this function, they capitulate on the fundamental principle of their raison d'etre. Nationalism, moreover, is no longer able to preserve the political independence or the territorial integrity of nations, as recent history so tragically confirms. Sovereignty is an ideological concept without geographical barriers. It is better for the world to be ruled by an international sovereignty of reason, social justice and peace that by diverse national sovereignties organically incapable of preventing their own dissolution by conquest. Mankind must pool its resources of defense if civilization is to endure.
History has revealed but one principle by which free peoples, inhabiting extensive territories, can unite under one government without impairing their local autonomy. That principle is federation, whose virtue preserves the the whole without destroying its parts and strengthens its parts without jeopardizing the whole. Federation vitalizes all nations by endowing them with security and freedom to develop their respective cultures without menace of foreign domination. It regards as sacrosanct man's personality, his rights as an individual and as a citizen and his role as a partner with all other men in the common enterprise of building civilization for the benefit of mankind. It suppresses the crime of war by reducing to the ultimate minimum the possibility of its occurrence. It renders unnecessary the further paralyzing expenditure of wealth for belligerent activity, and cancels through the ages the mortgages of war against the fortunes and services of men. It releases the full energies, intelligence and assets of society for creative, ameliorative and redemptive work on behalf of humanity. It recognizes man's morning vision of his destiny as an authentic potentiality. It apprehends the entire human race as one family, human beings everywhere as brothers and all nations as component parts of an individual community.
There is no alternative to the federation of all nations except endless wars. No substitute for the Federation of the World can organize the international community on the basis of freedom and permanent peace. Even if continental, regional or idealogical federations were attempted, the governments of these federations, in an effort to make impregnable their separate defenses, would be obligated to maintain stupendously competities armies and navies, thereby condemning humanity indefinitely to exhaustive taxation, compubory military service and ultimate carnage, which history reveals to be not only criminally futile but positively avoidable through judicious foresight in federating all nations.
It being our profound and irrevocable conviction:
That man should be forever free and that his historic rights as an individual and as a citizen should be protected by all the safeguards sanctioned by political wisdom and experience.

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That governments are essential to the existence of communities and that the absence of government is anarchy.
That there exists an international community, encompassing the entire world, which has no government and which is destined, either to be ruthlessly dominated and exploited by totalitarianism or to be federated by democracy upon the principle of freedom for all nations and individuals.
That all human beings are citizens of this world community, which requires laws and not treaties for its government.
That world federation is the keystone in the arch of civilization, humanity's charter of liberty for all peoples and the signet authenticating at last the union of the nations in freedom and peace.
That there are supreme moments in history when nations are summoned, as trustees of civilization, to defend the heritage of the ages and to create institutions essential for human progress. In the providence of God, such a crisis is this hour, compelling in duty and unprecedented in responsibility-a fateful moment when men meet destiny for the fulfillment of historic tasks.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING:
Section l. That the General Assembly of Georgia does hereby solemnly declare that all peoples of the earth should now be united in a World Federation, and to that end it hereby requests the senators and members of the House of Representatives in Congress from the State of Georgia to support and vote for a resolution in the Congress of the United States, approving the principle of World Federation and requesting the President of the United States to initiate the procedure necessary to formulate a Constitution for the Federation of the World, which shall be submitted to each nation for its ratification.
Section 2. That a copy of this resolution be sent to each of the senators and members of the House of Representatives in Congress from the State of Georgia.

Mr. Johnson 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 288. Do Pass

Respectfully submitted,
Johnson of 24th district, Chairman.

TUESDAY, JANUARY 22, 1946

161

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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 655. Do Pass

Respectfully submitted,
Minchew of 5th 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 recommendation:
SB 287. Do Pass by Substitute
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 638. Do Pass HB 632. Do Pass HB 660. Do Fass HB 680. Do Pass HB 627. Do Pass HB 673. Do Pass HB 657. Do Pass

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JOURNAL OF THE SENATE,

HB- 646. Do Pass HB 623. Do Pass HB 636. Do Pass HB 710. Do Pass HB 691. Do Pass HB 708. Do Pass HB 701. Do P'ass HB 652. Do Pass HB 722. Do Pass by Substitute HB 634. Do Pass HB 681. Do Pass HB 711. Do Pass
Respectfully submitted, Turner of 34th district, Chairman.

Mr. Turner of the 34th district, chairman of the Committee on Municipal Gov-

ernment, 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 293. Do Pass SB 295. Do Pass

Respectfully submitted,
Turner of 34th district, Chairman.

l\1r. Sabados of the lOth district, vice-chairman of the Committee on Congressional and Legislative Reapportionment, submitted the following report: Mr. President:
Your Committee on Congressional and Legislative Reapportionment 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:

TUESDAY, JANUARY 22, 1946

163

HB 621. Do Pass

Respectfully submitted,
Sabados of lOth district, Vice-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 and resolutions of the House to wit:
HB 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to provide for the appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead, to prescribe the powers and duties of said conservator; and for other purposes.

HB 686. By Mr. Thompson of Meriwether:
A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.

HB 688. By Mr. Boynton of Union:
A bill to be entitled an act to amend and supersede the several acts incorporating the City of Blairsville, in the County of Union, State of Georgia; and all amendments in respect thereto; and for all other purposes.

HB 723. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for the use of voting machines in counties having a population of 300,000; and for other purposes.
HB 735. By Mr. Seagraves of Madison: A bill to be entitled an act to create a charter for the City of Ila, in the County of Madison; and for other purposes.
HB 744. By Messrs. McWhorter and McCurdy and Hubert of DeKalb: A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for othf'r purposes.
HB 749. By Messrs. Bloodworth, Weaver and Wilson of Bibb:

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A bill to be entitled an act to amend Section 58-207 of the Code of 1933 of this state relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this state in violation of the liquor laws of the state so as to provide new circumstances and conditions under which such vehicles and conveyances may be seizes and condemned; and for other purposes.

HR 159. By Mr. Hall of Treutlen:
A resolution authorizing and directing the Governor of Georgia to reconvey to James Fowler of Treutlen county certain lands conveyed by said James Fowler to the State of Georgia for park purposes, said lands not having been used for such purpose, be execution and delivery of a deed to said James Fowler; 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 239. By Senator Gross of the 31st:
To be entitled an act to amend an act approved February 22, 1937 (Acts 1937, pp. 1214-1230) entitled an act to create and establish the City Court of Stephens county, so as to provide that the salary of the judge of the City Court of Stephens county shall be eighteen hundred dollars per annum; and by striking from lines 17 and 18 of Section 14 of said act, etc.; and for other purposes.

SB 248. By Senator Caldwell of the 37th:
To be entitled an act to amend the charter of the City of LaGrange, Troup county, to permit emergency tax for school purposes and to permit condemnation of property for school purposes.

SB 263. By Senator Slaughter of the 50th:
To be entitled an act to establish a system of public free schools in the City of Athens, Georgia, and to provide for the maintenance and support of the same; to provide for the issuance of bonds by said city for the purpose of building school houses, etc., approved Oct. 15, 1885, Act 1884-1885, page 603, so as to give the Board of Education as established by said act the additional powers of the right of eminent domain, etc.; and for other purposes.

TUESDAY, JANUARY 22, 1946

165

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 169. By Messrs. Cheshire of Colquitt and Connell of Lowndes: A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Public Welfare; 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:
HR 742. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court and name a recorder; and for other purposes.

HR 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb: A bill to be entitled an act to amend Section 38 of the act approved August 17th, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several acts amendatory thereof so as to provide for a minimum assessment of $1.00 on each side of the street along which sewers are constructed, for constructing said sewers; and for other purposes.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioners of Rockdale county to construct recreational facilities with county funds, equipment, and labor; and for other purposes.

HR 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize, permit and allow the mayor and council, or other governing authority, of any incorporated town or city within said State of Georgia having a population of not less than 1,614 nor more than 1,624 population, to participate in and to assist in the construction and building of a recreational center, playgrounds, swimming pools, and other recreational facilities; and for other purposes.

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JOURNAL OF THE SENATE,

HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal an act approved March 9, 1945, to authorize the Commissioners of Richmond county to levy and assess occupational taxes and license fees in the county; and for other purposes.

HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the extra compensation to be paid the secretary of coroner's juries in counties between 75,000 and 100,000 inhabitants according to the 1930 census, from $3.00 to $5.00 for each inquest reported; and for other purposes.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb County to establish a pension and/or insurance provisions for the county, employees; and for other purposes.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dawson 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 passed by the requisite constitutional majority th; following bills of the House to wit:
HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to amend the general appropriation act for fiscal year ended June 30, 1944, and for each and every fiscal year thereafter until repealed by law (Acts 1943, pages 84 through 96) so as to provide an appropriation of $200,000.00 to aid in carrying out the provisions set out in act entitled "Franklin D. Roosevelt Warm Springs Memorial Commission;" and for other purposes.

HB 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to operate the War County Hospital; and for other purposes.

HB 729. By Mr. Claxton of Camden:

TUESDAY, JANUARY 22, 1946

167

A bill to be entitled an act to amend the charter of the City of Saint Mary's by extending the corporate limits; and for other purposes.

HB 731. By Messrs. Maund of Talbot, Young of Muscogee and Fortson of Wilkes:
A bill to be entitled an act to amend Section 59-120 of the Code of Georgia of 1933, providing for compensation of jurors and court bailiffs, by striking the words "exceed $3" between the words "to" and "per diem" in the fifth line of said section and inserting in lieu thereof the words "be less than $2 nor to exceed $6 ;" and for other purposes.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend an act approved January 29, 1943, known as the General Appropriation Act as set forth from pages 70 to 96, inclusive. To amend Section 49 of said General Appropriations Act making an appropriation to the Department of Revenue by adding to said Section 49 the following words: "Including adequate funds to pay refunds under the Farm Tractor Gasoline Tax Refund Act"; and to repeal conflicting laws; and for other purposes.

HB 736. By Messrs. J. H. Ennis and Marion Ennis of Baldwin:
A bill to be entitled an act to authorize the County Commissioners of Baldwin county to establish zoning or planning laws in the county; and for other purposes.

HB. 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payments of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United States Census of not less than 22,055 and/or more than 22,100 persons; 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 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend an act approved February 8th, 1943 (Ga. Laws, 1943, pp. 167-170), by striking Section 3 of said act in its entirety and by rewriting said section providing that the salaries of said

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JOURNAL OF THE SENATE,

members of the State Board of Workmen's Compensation shall be fixed by the governor; and for other purposes.

HB 584. By Messrs. Holbrook of Forsyth, Garrison of Habersham, Dorsey of White, and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.

H B 651. By Mr. Campbell of Newton:
A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.

HH 656. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to provide and establish a legislative charter for the Town of Pooler in the County of Chatham; and for other purposes.

HB 658. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Section 64-110 of the Code of Georgia, relating to bill of exceptions in mandamus cases; to provide for superseda; and for other purposes.

H B 672. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of College Park to provide a pension system for officers and employees and create a pension fund; and fo; other purposes.

HR 709. By Messrs. Connell of Lowndes, Williams of Ware, Alexander of Chatham, and others:
A bill to be entitled an act to amend the General Appropriations Act (Ga. L. 1943, pp. 84-96) approved Jan. 29, 1943, by appropriating from the State Treasury the sum of $500,000.00 to be used to match federal funds for construction of armories for the Georgia National Guard when such federal funds are available, etc.; and for other purposes.

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, and others:
A hill to be entitled an act to create the Franklin D. Roosevelt Warm

TUESDAY, JANUARY 22, 1946

169

Springs Memorial Commission and provide for membership and terms of office; 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 732. By Messrs. Freeman and Strickland of Upson, Gowen of Glynn, and others:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operation of hospitals; 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 261. By Senator Bentley of the 25th:
A bill to be entitled an act to amend the charter of the City of Silvertown in Upson county; and for other purposes.

SR 266. By Senator Slaughter of the 50th:
A bill to be entitled an act to amend the act granting charter of the mayor and council of the City of Athens, and all acts amendatory thereto, so as to make the mayor the chief executive officer of the City of Athens; to grant the mayor power to veto ordinances passed by council; to provide how veto by mayor may be overriden; to provide that the mayor shall appoint all special committees of the city council; to provide that the mayor shall annually at the time for submitting annual budget, etc.; and for other purposes.

SB 268. 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, superseding all previous acts, defining its limits, and conferring additional powers on said corporation," etc.; by conferring on the City of Darien the right to close, sell and convey portions of certain squares and streets; and for other purposes.

170

JOURNAL OF THE SENATE,

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend an act approved August 18, 1926, entitled "An act to amend the charter of the City of Thomasville, in the County of Thomas, by changing and extending the corporate limits thereof to define said limits of the City of Thomasville territory not heretofore included therein, which said territory is a small tract bounded on the south and east by the present corporate limits of said city, on the north by Carroll street, and on the west by the Albany highway; and for other purposes.

The following bills and resolutions of the House were read the first time and referred to the committees:
HB 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin:
A bill to be entitled an act to authorize the County Commissioners of Baldwin county to establish zoning or planning laws in the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HH 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to increase the pay of the secretary of coroners juries in Bibb county to $5 for each inquest; and for other purposes.
Reterred to Committee on General Judiciary No. 2.

H B 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce to cover cost; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 761. By Mr. Jennings of Terrell:
A bill to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

HB 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.
Referred to Committee on Municipal Government.

TUESDAY, JANUARY 22, 1946

171

HB 742. By Messrs. McWhorter, Hugert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court and name a recorder; and for other purposes.
Referred to Committee on Municipal Government.

HB 744. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila, m the County of Madison; and for other purposes.
Referred to Committee on Municipal Government.

HB 656. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to establish a legislative charter for the Town of Pooler, in Chatham county; and for other purposes.
Referred to Committee on Municipal Government.

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; and for other purposes.
Referred to Committee on Municipal Government.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to authorize the commissioners of Bibb county to establish a pension and/or insurance provisions for the county employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 686. By Mr. Thompson of Meriwether:
A bill to establish a new charter for the City of Warm Springs; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE SENATE,

HB 688. By Mr. Boyington of Union:
A bill to create a new charter for the City of Blairsville ; and for other purposes.
Referred to Committee on Municipal Government.

HB 729. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of Saint Mary by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 672. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of College P'ark to provide a pension system for officers and employees, and create a pension board; and for other purposes.
Referred to Committee on Municipal Government.

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
Referred to Committee on App.ropriations.

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office; and for other purposes.
Referred to Committee on State of the Republic.

HB 709. By Mr. Alexander of Chatham, Connell of Lowndes, Williams of Ware, and others:
A bill to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.
Referred to Committee on Appropriations.

HB 658. By Mr. Durden of Dougherty:
A bill to amend Code Section 64-110 of the code relating to bill of exception and supersedas; and for other purposes. Referred to Committee on General Judiciary No. l.

TUESDAY, JANUARY 22, 1946

173

HB 651. By Mr. Campbell of Newton:
A bill to appropriate $75,000 to match federal funds to eliminate bangs anrl tuberculosis among animals in Georgia; and for other purposes.
Referred to Committee on Appropriations.

HB 584. By Mr. Holbrook of Forsyth, Garrison of Habersham, Dorsey of White, and others:
A bill to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.
Referred to Committee on Agriculture.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioners of Rockdale county to construct recreation facilities with county funds, equipment and labor; and for other purposes.
Referred to Committee on Counties and County Matters:
HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to repeal an act approved March 9, 1945, to authorize the Commissioners of Richmond county to levy and assess occupation taxes and license fees in the county; and for other purposes.
Referred to Committee on Counties and County Matters:

HR 159. By Mr. Hall of Treutlen:
A resolution directing the governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.
Referred to Committee on Public Property.

HR 169. By Messrs. Cheshire of Colquitt and Connell of Lowndes:
A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Public Welfare; and for other purposes.
Referred to Committee on Public Welfare.

HB 478. By Messrs. Arnall and Hurst of Coweta: A bill to be entitled an act to amend the Workmen's Compensation Act to

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JOURNAL OF THE SENATE,

provide salaries of the members of the board shall be fixed by the governor; and for other purposes.
Referred to Committee on Industrial Relations.

H B 749. By Messrs. Bloodworth, Wilson and Weaver of Bibb:
A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 723. Br. Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for voting machines in Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters:

HB 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to provide for appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropnatwn act to pay refunds under the farmers gasoline tax refund act; and for other purposes.
Referred to Committee on Appropriations.

HB 731. By Messrs. Maund of Tolbert, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Code Section 59-120 to provide court
bailiffs and jurors pay shall not be less than $2 nor to exceed $6 per day;
and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to operate the Ware County Hospital; and for other purposes.
Referred to Committee on Counties and County Matters:

TUESDAY, JANUARY 22, 1946

175

The following resolution was read and adopted:

SR 65. By Senator Freeman of the 22nd:
A resolution authorizing the Department of Public Welfare to provide an institution for the treatment of inebriates; and for other purposes.

The president asked unanimous consent that the Senate recess for thirty minutes, and the consent was granted.

The hour of convening the JO!llt session of the Senate and House, under the provisions of HR 181, having arrived, the president, accompanied by the secretary and the senators proceeded to the Hall of the House of Representatives, and the joint session, called for the purpose of hearing a message by Hon. Knox Gholston was called to order by the president.
The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.
The Honorable Knox Gholston addressed the General Assembly.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The Senators returned to the Senate Chamber and the Senate was called to order by the president.
The following bills of the Senate and House, favorably reported by the committee, were read the second time:

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.

SB 293. 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 prevailing wage rate shall be paid skilled mechanics in the city employ; and for other purposes.

SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide airport zoning regulations; and for other purposes.

HB 621. By Messrs. Connell of Lowndes and others:

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JOURNAL OF THE SENATE,

A bill to create the 53rd Senatoriad District, composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th, and 8th Senatorial Districts; and for other purposes.

HR 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purposes.

H R 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to amend the act creating the City Court of Brunswick to provide executions issued not to be entered upon execution docket; and for other purposes.

HR 632. By Mr. Mason of Morgan:
A bill to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.

HB 660. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to amend the charter of the City of Columbus to provide absence of an officer of an employee for not exceeding 24 months shall not preclude them from receiving a pension; and for other purposes.

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenues of such county, or other governing body of said county; and for other purposes.

HB 627. 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 City Commission to close certain streets; and for other purposes.

HB 673. By Messrs. Holleman, Shields and Young of Muscogee: A hill amending the charter of the City of Columbus, Georgia, providing

TUESDAY, JANUARY 22, 1946

177

for the recording and publication of ordinances of, said city; and for other purposes.

HB 657. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by raising the salary of the recorder; and for other purposes.

HB 646. By Mr. Crowley of McDuffie:
A bill to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.

HB 623. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton by extending the city limits; and for other purposes.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to amend the charter of the City of Cedartown by extending the city limits; and for other purposes.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to amend the charter of the Town of Adairsville to extend the city limits; and for other purposes.

HB 691. By Mr. Whaley of Telfair:
A bill to amend the charter of the City of Jacksonville, in Telfair county, by extending the corporate limits; and for other purposes.

HB 708. By Mr. Whaley of Telfair:
A bill to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.

HB 701. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend the charter of the City of Rome to provide civil service for city employees; and for other purposes.

HB 652. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to amend the charter of the City of Macon to give a fee simple titlt" certain property now used by the city; and for other purposes.

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JOURNAL OF THE SENATE,

H B 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.

liB 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.

H R 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.

Senator Norton of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn, read the second time and recommitted to the Committee on Insurance:

SB 287. By Senator Norton of the 33rd:
A bill to be entitled an act to amend Code Section 56-403 by providing that insurance companies shall file annual reports with the insu.rance commissioner instead of the governor; and for other purposes.
The consent was granted.

Senator Gross of the 31st asked unanimous consent that the following bill of the Senate be withdrawn, read the second time and recommitted to the Committee on Municipal Government:

SB 277. By Senators Baggett of the 51st and Minchew of the 5th:
A bill to be entitled an act to require all counties and municipalities with a population of over 1,000 to have an annual audit by a registered accountant; and for other purposes.
The consent was granted.

Senator Harrell of the 7th asked unanimous consent that the following resolution of the Senate be withdrawn, read the second time and recommitted to the Committee on Amendments to Constitution:

SR 69. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article 7, Section 7, Paragraph 5 of the Constitution authorizing Fulton county, DeKalb county and the City

TUESDAY, JANUARY 22, 1946

179

of Atlanta or either of them to issue revenue anticipation certificates for the construction of a stadium; and for other purposes.
The consent was granted.

The president presented to the Senate Mrs. Freeman, wife of Senator Freeman of the 22nd, and Mrs. Holsenbeck, wife of Senator Holsenbeck of the 27th.

The president recognized in the gallery the University of Georgia Demoration School and Mrs. Ruth Bonner, their teacher.

Senator Harrell of the 7th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on State of the Republic:

HB 654. By Messrs. Hinson of Ware, Evitt of Catoosa, and others:
A bill to be entitled an act to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes.
The consent was granted.

Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on Municipal Government:

HB 674. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus, relating to the power of the city to furnish local service; and for other purposes.
The consent was granted.

Senator Harrell of the 7th asked unanimous consent that the following bill of
. the House be withdrawn from the committee, read the second time and recommitted
to the Committee on State of the Republic:
HB 670. By Mr. Harrison of Jenkins: A bill to be entitled an act to amend an act entitled Department of Forestry, expenditure of federal funds; and for other purposes.
The consent was granted.

Senator Harrell of the 7th asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on State of the Republic:

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JOURNAL OF THE SENATE,

SB 278. By Senators Gould of the 4th and Stone of the 15th:
A bill to be entitled an act to amend Code Section 84-303 to allow any person who is graduate in architecture from a school approved by the American Institute of Architects and who has served two years in the armed . services to practive without an examination; and for other purposes.
The consent was granted.

Senator Grayson of the lst asked unanimous consent that the following bills of the House be withdrawn from the committees, read the second time and recommitted:

H B 619. By Messrs. Gowen and Gilbert of Glynn and others:
A bill to be entitled an act to set aside rentals from the Western and Atlantic Railroad for the purpose of building ports at Savannah and Brunswick; and for other purposes.

H B 620. By Messrs. Gowen and Gilbert of Glynn and others:
A bill to be e~titled an act to amend the State Ports Authority Act approved March 9, 1945; to provide for maintenance by the state of a system of state docks; and for other purposes.
The consent was granted.

Senator Stone of the 15th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on General Judiciary No. l:

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior Court and ordinaries traffic courts in Wheeler county; and for other purposes.
The consent was granted.

Senator McGinty of the 43rd asked unanimous consent that the fo!Iowing resolution of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on Amendments to Constitution:

SR 60.
A resolution proposing an amendment to the Constitution, Article 7, Section 1, Paragraph 11 to provide the state shall not levy an ad valorem tax on property in the state; and for other purposes.
The consent was granted.

TUESDAY, JANUARY 22, 1946

181

The president recognized in the gallery the Seventh Grade of the Avondale Elementary School, Avondale Estates, Georgia, with their principal, Mrs. T. L. Freeman, and teacher, Mrs.]. C. Hanson.

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

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the Commissioner of Atkinson county at $1,800.00 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend the charter of the City of Fitzgerald 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 643. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to be entitled an act to amend the charter of the City of Americus so as to provide for 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

H B 628. By ~Iessrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens to make the mayor the chief executive officer 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

H B 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act providing for Civil Service in the police and fire departments 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 679. By ~Iessrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of 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 32, nays 0.

TUESDAY, JANUARY 22, 1946

183

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

HB 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 645. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Tybee, to extend the city limits and provide for zoning ordinance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the act creating a public school system for the City of Waycross, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 678. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and sup-
plementary thereto incorporating the mayor and aldermen to extend water jurisdiction of the City of Savannah within the confines of Chatham 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 president presented to the Senate Judge Paulk, Glynn County Commissioner, and Mrs. Knowles:

SB 238. By Senator Daves of the 14th:
A bill to be entitled an act to provide a salary for the Sheriff of Dooly county in addition to fees; and for other purposes.
Senator Daves of the 14th offered the following amendment:
Amend SB 238 as follows: By striking the words and figures $100.00 wherever they appear in said bill and inserting in lieu thereof the words and figures $75.00.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide that Mcintosh county may supplement the salary of the judge and solicitor general of the Atlantic Judicial Circuit; and for other reasons.
The report 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 resolutions were read the third time and put upon their passage:

TUESDAY, JANUARY 22, 1946

185

SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor to trade certain land owned by the state for 1210 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 34, nays 0.
The resolution, having received the requisite two-thirds constitutional majority. was adopted.

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.
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 constitution majority, was adopted.

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

SB 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix compensation for clerks of the Superior Court and ordinaries of the state for preparing certified copies of records for veterans of the armed forces; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Section 92-6215 of the Code of 1933 entitled "Questions for Taxpayers," by striking from line 5 the word "poll"; by striking from said section all of line 9, which reads as follows: "Are you subject to poll tax (Answer Yes or No,)" and by inserting in lieu of said line 9; and for other purposes.
Senator Freeman of the 22nd offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 285, Section 2 by adding the following sentence at the end of said section: "The Tax Commissioner included herein shall receive the same compensation as they would receive were they tax collectors."
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 260. By Senators Grayson of the 1st, Millican of the 52nd and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of N"ovember 1944, in any county, city or town of the state must qualify to vote; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend SB 260 by adding a new section as follows: The provisions of this act shall become effective on and after Feb. 15, 1946, and further provide that the provisions of this act shall apply in all counties of 200,000 or more according to the 1940 federal census or any future census.
The amendment was adopted.

Senator Edwards of the 28th offered the following amendment:
Amend SB 260 by striking the words "six months" and inserting in lieu thereof the word "four months."
The amendment was adopted.

Senator Harrell of the 12th offered the following amendment:
Amend SB 260 by inserting after the words general election of November 1944 and insert the words "and who were registered prior thereto and for non-payment of poll tax was stricken from the voters list."
On the adoption of the amendment, Senator Harrell of the 12th moved the ayes and nays.
A roll call was ordered and the vote was as follows:

TUESDAY, JANUARY 22, 1946

187

Those voting in the affirmative were Senators:

Causey Cook: Daves Deal Drinkard

Freeman Harrell of 12th Hill Holsenbeck: McGinty

Nix Norton Turner of 35th

Those voting in the negative were Senators:

Battle Branch Brown Cloud Drake Edenfield Edwards Gillis Grayson

Harrell of 7th Hawes Hdoges Mavity Millican Minchew Moate Moore Peebles

Rainey Riley Sabados Slaughter Stone Turner of 34th Walker Wall Wellborn

Not voting were Senators: Bennett of the 17th, Baggett of the 51st, Bentley of the 25th, Caldwell of the 37th, .Chastain of the 41st, Gould of the 4th, Greene of the 21st, Johnson of the 24th, Shedd of the 3rd, Welsch of the 39th 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 13, nays 37, and the amendment was lost.

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

On the passage of the bill, the ayes were 29, nays 3.

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

Senator Turner of the 34th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 10 o'clock:.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Wednesday, January 23, 1946.

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 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 president presented to the Senate Colonel Lee Purdom, former member of the Senate.

Mr. Freeman of the 22nd district, chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 278. Do Pass

Respectfully submitted, Freeman of 22nd district, Chairman.

WEDNESDAY, JANUARY 23, 1946

189

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 277. 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 368. Do Pass HB 728. 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 Public Welfare 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 169. Do Pass

Respectfully submitted,
Minchew of 5th district, Chairman.

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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 hack to the Senate with the following recommendations:

HB 672. Do Pass HB 688. Do Pass HB 686. Do Pass HB 756. Do Pass HB 752. Do Pass HB 735. Do Pass HB 742. Do Pass HB 744. Do Pass HB 761. Do Pass HB 729. Do Pass HB 743. Do Pass HB 656. 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 th<" same back to the Senate with the following recommendations:

HB 675. Do Pass HB 671. Do Pass H B 633. Do Pass HB 662. Do Pass

WEDNESDAY, JANUARY 23, 1946

191

HB 682. Do Pass HB 649. Do Pass HB 626. Do Pass HB 664. Do Pass HB 676. Do Pass. HB 692. Do Pass HB 713. Do Pass

Respectfully submitted,
Moate of 20th district, Chairman.

Mr. Welsch of the 39th district, chairman of the Committee on General Judiciary No. l, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. l have had under consideration the following bill of the Saute and have instructed me as chairman, to report the same hack to the Senate with the following recommendation:

HB 693. Do Pass

Respectfully submitted,
Welsch of 39th 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 th<' same back to the Senate with the following recommendations:

HB 651. Do Pass HB 709. Do Pass HB 715. Do Pass HB 733. Do Pass HR 146. Do Pass as Amended

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JOURNAL OF THE SENATE,

HR 148. Do Pass

Respectfully submitted,
Baggett of 51st 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 resolutions of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:

SR 60. Do Pass as amended SR 68. Do Pass SR 69. 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 resolution of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HR 159. Do Pass

Moore of 38th district, Chairman.

Mr. Mavity of the 44th district, chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 478. Do Pass

WEDNESDAY, JANUARY 23, 1946

193

Respectfully submitted,
Mavity of 44th 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 753. Do Pass HB 726. Do Pass HB 751. Do Pass HB 736. Do Pass

Respectfully submitted,
Moate of 20th 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 resolution of the House and Senate and have instructed me as chairman. to report the same back to the Senate with the following recommendations:

HB 654. Do Pass as Amended HB 659. Dg Pass as Amended HB 618. Do Pass HB 362. Do Pass by Substitute as Amended HB 522. Do Not Pass HB 620. Do Pass HB 670. Do Pass HB 619. Do Pass HB 714. Do Pass

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JOURNAL OF THE SENATE,

HB 601. Do Pass by Substitute as Amended HR 161. Do Pass as Amended SB 286. Do Pass by Substitute. SB 290. Do Pass HB 635. Do Pass as Amended
Respectfully submitted, Freeman of 22nd 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 resolution of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HR 166. 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 674. Do Pass as Amended 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:

WEDNESDAY, JANUARY 23, 1946

195

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.

HB 716. By Mr. Bank:s of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paving of streets; and for other purposes.

HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness, by amending Section 6-906 relating to the certification of bills of exceptions where there is a vacancy in the office of the judge of the Superior Court so as to provide for the certification by Superior Court judges of any adjoining circuit; and for other purposes.

HB 738. By Messrs. Lovett of Laurens, Roland of Johnson and others:
A bill to be entitled an act to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.

HB 739. By Messrs. Lovett and Malone of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of the City of Dublin; and for other purposes.

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the Tax Receiver of Clinch shall be paid a commission on all taxes collected by the Tax Collector for the County Board of "Education; and for other purposes.

HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.

HR 164. By Messrs. Gowen of Glynn and Hick:s of Floyd: A resolution to ratify rules adopted by the Supreme Court for practice and

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JOURNAL OF THE SENATE,

procedure for repeal or review in cases; and for other purposes.

HR 186. By Messrs. Marris of Richmond, Adams of Wheeler, and others:
A resolution requesting that the Civilian Production Administration rescind Rosin Order M-387 so that rosin and turpentine may be sold for other than war purposes; 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 216. By Mr. Key of Jasper:
To amend Code Section 114-102 of the Code of Georgia of 1933 defining. "injury" and "personal injury" under the Workmen's Compensation Law, and to further add a new chapter to said Workmen's Compensation Law of Georgia to be known as Code Sections 114-801 through 114-827, so as to define certain ailments commonly referred to as occupational diseases; 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 644. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax for ordinary expenses; and for other purposes.

HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.

WEDNESDAY, JANUARY 23, 1946

197

HB 787. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the Chief Deputy Act of Fulton county; and for other purposes.

HB 788. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act entitled "An act to create a Civil Service for Fulton County"; and for other purposes.

H B 790. By Messrs. Harris, Hollery and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta; and for other purposes.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to require all persons intending to become candidates, at any regular session, for the mayoralty, or membership in the council, of said city, to file notice of such intention; 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 resolutions of the House to wit:

HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used as a home for underprivileged boys; and for other purposes.

HR 157. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau of this state to pay out of any unappropriated funds in the treasury the sum of $4,404.75 to H. E. Terrell, Jr., as reimbursement for hospital and medical bills incurred as a result of injuries sustained in the line of official duty as instructor at the University of Georgia School of Aviation, Athens, Georgia; and for other purposes.

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

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JOURNAL OF THE SENATE,

The House has adopted the following resolution of the Senate to wit:

SR 70. By Senator Gross of the 31st: A resolution approving the principle of World Federation.

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 786. By Messrs. Etheridge and Kendrick: and Mrs. Mankin of Fulton:
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"; and for other purposes.

H R 792. 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 prescribe the time and method of electing members of City Council; and for other purposes.

HR 149. By Messrs. King, Holley and Harris of Richmond:
A resolution authorizing the director of the Department of Forestry to lease certain lands to Richmond 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 resolutions of the House to wit:

HR 163. By Messrs. Gowen of Glynn and Hick:s of Floyd:
A resolution ratifying the rules adopted by the Supreme Court for admission of the genuineness of documents and for pre-trial conferences in cases in courts; and for other purposes.

HR 165. By Messrs. Gowen of Glynn and Hick:s of Floyd:
A resolution to ratify and confirm rules of procedure and pleading and practice in civil proceedings in the courts of this state, to ratify and confirm the date on which the said rules of practice and procedure shall become effective; and for other purposes.

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199

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

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel, and Looper of Dawson:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operations of hospitals; and for other purposes.
Referred to Committee on State of Republic.

HB 639. By Mr. Gowen of Glynn:
A bill to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 716. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paving of streets; and for other purposes.
Referred to Committee on Municipal Government.

HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 738. By Messrs. Lovett of Laurens, Chance of Twiggs, Malone of Laurens,
and Rowland of Johnson: A bill to be entitled an act to fix the salary of the solicitor general of the Dublin Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 739. By Messrs. Lovett and Malone of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of the City of Dublin; and for other purposes.
Referred to Committee on Counties and County Matters:

200

JOURNAL OF THE SENATE,

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the Tax Receiver of Clinch shall be paid a commission on all taxes collected by the Tax Collector for the County Board of Education; and for other purposes.
Referred to Committee on Counties and County Matters:

HB 766. By Mr. Smith of Bryan:
A bill to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopte-d by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax increase for ordinary expenses; and for other purposes.
Referred to Committee on Municipal Government.

HR 216. By Mr. Key of Jasper:
A bill to amend the Workmen's Compensation Act to include the disease known as silicosis within the terms of injury; and for other purposes.
Referred to Committee on Industrial Relations.

HB 644. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to amend the charter of the City of Atlanta by repealing Sections 6 and 7 of the charter approved March 9th, 1945; and for other purposes.
Referred to Committee on Municipal Government.

HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.
Referred to Committee on Counties and County Matters.

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201

HB 787. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that the Sheriff of Fulton county may appoint a chief deputy whose term of office shall not extend beyond the term of the sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 788. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the Civil Service Act of Fulton county to provide that the secretary and chief deputy of the sheriff will not be classified employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to authorize the city council to fix the salary of the Commissioner of Public Safety at not less than 5,000 dollars per annum; and for other purposes.
Referred to Committee on Municipal Government.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Laws 1907, pp. 413-414) and approved August 15, 1913 (Georgia Laws, 1913, pp. 604-611); and for other purposes.
Referred to Committee on l\!lunicipal Government.

HR 163. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution ratifying the rules adopted by the Supreme Court for admissio nof the genuineness of documents and for pre-trial conferences in cases in courts; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HR 165. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HR 149. By Messrs. Harris, King and Holley of Richmond:

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JOURNAL OF THE SENATE,

.

A resolution authorizing the director of the Department of Forestry to lease

certain lands to Richmond county; and for other purposes.

Referred to Committee on Conservation.

HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for underprivileged boys; and for other purposes.
Referred to Committee on Public Property.

HR 157. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau to pay H. E. Terrell, Jr., $4,407.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School; and for other purposes.
Referred to Committee on Appropriations.

HB 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of City Council; and for other purposes.
Referred to Committee on Municipal Government.

HB 786. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of East Point to provide a pension system for city employees; and for other purposes. Referred to Committee on Municipal Government.

The following resolution of the House was read and adqpted:

HR 186. By Messrs. Harris of Richmond, Adams of Wheeler and Whaley of Telfair:
A resolution requesting that the Civilian Production Administration to rescind Order M-387 so that rosin and turpentine may be sold for other than war purposes ; 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 286. By Senator Gross of the 31st:

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203

A bill to be entitled an act to provide uniform system of county and municipal government; to provide for optional plans for both; and for other purposes.

SB 290. By Senator Freeman of the 22nd:
A bill to be entitled an act to amend Code Section 84-803 to provide for 7 members for the State Board of Embalming instead of 6; and for other purposes.

SR 68. By Senator Riley of the 23rd:
A resolution proposing an amendment to Article 3, Section 2, Paragraph 1 of the Constitution to provide for 56 senatorial districts instead of 54; and for other purposes.

The president recognized in the gallery the 6th grade of Smillie School, Atlanta, Georgia, with Mrs. Brown, their teacher.

HB 664. By Mr. Cheek of Franklin:
A bill to increase the salary of the Tax Commissioner of Franklin county; and for other purposes.

HB 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend the Workman's Compensation Act to provide salaries of the members of the board shall be fixed by the governor ; and for other purposes.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.

HB 368. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:

A bill to be entitled an act to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of the planning boards and Board of Adjustment; and for other purposes.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioners of Rockdale county to construct recreation facilities with county funds, equipment and labor; and for other purposes.

204

JOURNAL OF THE SENATE,

HB 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin:
A bill to be entitled an act to authorize the County Commissioners of Baldwin County to establish zoning or planning laws in the county; and for other purposes.

HB 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware county hospital board to operate the Ware County Hospital; and for other purposes.

HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to repeal an act approved March 9, 1945, to authorize the Commissioners of Richmond county to levy an assess occupation taxes and license fees in the county; and for other purposes.

HB 713. By Mr. Willoughby of Clinch:
A bill to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830); regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix the salary; and for other purposes.

HB 601. By Mr. Culpepper of Fayette:
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.

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris,

Smith of Emanuel, and Ray of Warren:

A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office; and for other purposes.

HB 362. By Mr. Harris of Richmond and others:
A bill to be entitled an act to authorize municipalities and counties of this state, to acquire, construct, maintain and operate public parking places; and for other purposes.

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty and others:

WEDNESDAY, JANUARY 23, 1946

205

A bill to be entitled an act to amend the State Hospital Authority Act to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.

HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the Superior Court; and for other purposes.

HB 649. By Mr. Gavin of Clay:
A bill to be entitled an act to abolish the officers of tax receiver and tax collector of Clay county and create the officers of tax commissioner; and for other purposes.

HR 161. By Mr. Greene of Crisp:
A resolution proposing to establish a memorial park for Georgia veterans; and for other purposes.

HR 169. By Messrs. Cheshire of Colquitt and Connell of Lowndes:
A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Public Welfare; and for other purposes.

HR 159. By Mr. Hall of Treutlen:
A resolution directing the Governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.

HR 146. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions maintenance, and permanent improvements and welfare benefits; and for other purposes.

HB 686. By Mr. Thompson of Meriwether:
A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to establish a pension and/or insurance provisions for the county employees; and for other purposes.

206

JOURNAL OF THE SENATE,

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; and for other purposes.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila, in the County of Madison; and for other purposes.

HB 742. By ~1essrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court and name a recorder; and for other purposes.
HB 744. By Messrs. McWho~ter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

HB 729. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of Saint Mary by extending the corporate limits; and for other purposes.

HB 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.

HB 656. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to establish a legislative charter for the Town of Pooler in Chatham county; and for other purposes.

HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty and others:
A bill to be entitled an act to provide for the appointment of an Assistant State Treasurer by the State Treasurer; and for other purposes.

WEDNESDAY, JANUARY 23, 1946

207

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill authorizing the installation of photostatic equipment and other photographic equipment in the office of the Clerk of the Superior Court of DeKalb county; and for other purposes.

HB 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissione-rs of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; and for other purposes.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropnatwn act to pay refunds under the farmers gasoline tax refund act; and for other purposes.

HB 651. By Mr. Campbell of Newton:
A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.

HB 709. By Mr. Alexander of Chatham and others:
A bill to be entitled an act to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.
HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.

HB 688. By Mr. Boyington of Union:
A bill to create a new charter for the City of Blairsville; and for other purposes.
HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the County Commissioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to provide for pay to the Board of Commissioners of Morgan county; and for other purposes.

208

JOURNAL OF THE SENATE,

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Ga., providing for the extension corporate limits of the City of Columbus, Ga.; and for other purposes.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenue of the County of Hart; and for other purposes.
HB 672. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of College Park to provide the pension system for officers and employees, and create a pension board; and for other purposes.

HB 635. By Mr. Durden of Dougherty:
A bill to be entitled an act to fix fees for clerks of the Superior Courts of this state; and for other purposes.

HR 166. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Hicks of Floyd, Fortson of Wilkes, Kennon of Cook, Connell of Lowndes, Smith of Emanuel, Ray of Warren, Phillips of Columbia, Lewis of Hancock, and Connerat of Chatham:
A resolution to authorize the education committee of the General Assembly to investigate and make recommendations Ilertaining to the public school system; and for other purposes.
The following local bills of the Senate and House were read the third time and put upon their passage:
SR 293. 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 prevailing wage rate shall be paid skilled mechanics in the city employ; and for other purposes.
The report 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.

WEDNESDAY, JANUARY 23, 1946

209

Senator Millican of the 52nd asked unanimous consent that the Senate reconsider

its action in passing SB 293.

The consent was granted.

SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta, to provide airport zoning regulations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The president recognized in the gallery the Eighth Grade Civics Class of Jack:son School, Jackson, Georgia, with their teacher, Mrs. Lucile Jolley.

HB 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to ainend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.
The report 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 673. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the recording and publication of ordinances of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.

210

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 627. 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 City Commission 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 701. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome to provide Civil Service 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan, to appoint a city treasurer, and provide for the election of a successor and fixing his bond ; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 657. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by raising the salary of the recorder; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, JANUARY 23, 1946

211

On the passage of the bill, the ayes were 36, nays D. The bill, having received the requisite constitutional majority, was passed.

HB 646. By Mr. Crowley of McDuffie: A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.
The report 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.
fiR 691. By Mr. Whaley ~f Telfair: A bill to be entitled an act to amend the charter of the city of Jacksonville, in Telfair county, 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

H B 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purpos~s.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not to be entered upon execution docket; and for other purposes.
The report 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.

212

JOURNAL OF THE SENATE,

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

HB 632. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the City of Madison to provide for the extension of water mains; and for other purposes.
The report 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.

H B 623. By Messrs. Brooks and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

H B 636. By Messrs. Livingston and Lane of Polk:
A bill to be entited an act to amend the charter of the City of Cedartown 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passt'd.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to extend 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The president recognized in the gallery the senior class of Clarkesville High School. Clarkesville, Georgia, with their teachers, Miss Burgess and Mrs. Logan.

WEDNESDAY, JANUARY 23, 1946

213

HB 660. 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 absence of an officer of an employee for not exceeding 24 months shall not preclude them from receiving a 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenue of such county, or other governing body of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 652. 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 give a fee simple title certain property now used by the city; and for other purposes.
T-he report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The president recognized in the gallery Girl Scout Troup No. 71, Buckhead Precinct, with Mrs. E. A. Bancker, their leader.

HB 722. By Mr. Hicks of Floyd: A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
The Committee on Municipal Government offered the following substitute:

214

JOURNAL OF THE SENATE,

A bill to be entitled an act to amend an act entitled "An act to establish a city court in the County of Floyd as amended" to provide a salary for the judge of said city court; to fix the date of beginning and expiration of the term; to provide that the judge elected in the general election of 1946 shall be permitted to practice law until he takes the oath of office as judge of said court.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section I. That an act approved September 27, 1883, as amended, entitled an act creating the City Court of Floyd county, Georgia, be and the same together with all amendments thereto is amended as follows:
Section 2. That any person hereinafter elected at the 1946 general election shall be qualified to practice law until he takes the oath of office for the term for which he is elected.
Section 3. That from and after the first day of October, 1947, the salary of the judge of the City Court of Floyd County, Georgia, shall be four hundred dollars per month, in lieu of two hundred and fifty dollars per month as now provided in the Act of September 27, 1883, as amended.
Section 4. That the person elected as judge of the City Court of Floyd county, Georgia, in the general election of 1946, shall, after taking office, serve as judge of said court until the thirty-first day of December, 1950.
Section 5. That from the first day of January, 1951, the person elected as judge of said court in the general election of 1950, shall serve for a period of four years, beginning on the first day of January, 1951, and shall continue in office as judge of said court until the thirty-first day of December, 1954.
Section 6. Be it further enacted by authority of the same, that all laws and parts of laws in conflict herewith, be and the same, are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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 Conference Committee report to the following bill of the House:

WEDNESDAY, JANUARY 23, 1946

215

HB 367. By Messrs. Roughton of Washington, Williams of Coffee, Hinson of Jeff Davis, and others:
A bill to be entitled an act to amend an act approved March 18, 1937, (Georgia Laws of 1937, page 167) to provide that all gasoline and kerosene or fuel oil of any kind used to make or produce power in the operation of a farm tractor or other implement or machinery, used exclusively on the farm shall be exempt from all state and gasoline taxes; 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 251. By Senator Millican of the 52nd:
A bill to be entitled an ~ct to amend 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.

SB 235. By Senator Hodges of the 26th:
A bill to be entitled an act to amend the act with reference to County Commissioners of Butts county so as to provide that two members of the Board of Commissioners shall constitute a quorum for the transaction of business; and for other purposes.

HB 580. By Mr. Hatchett of Meriwether and others:
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 provisions of an act of 1937, pp. 882-885; to provide the State Board of Education shall fix their salaries; and for other purposes.
Senator Caldwell of the 37th offered the following substitute:
A bill to be entitled an act to repeal and strike in its entirety from Chapter 32-10 relating to county superintendents of schools all of Section 32-1006 of the Code of 1933, which relates to compensation due county superintendents of schools and to substitute in lieu of said repealed and stricken section a new section to be known as Section 32-1006 to read as follows:
."Section 32-1006. Each county superintendent of schools shall be certified and classified by the State Board of Education as teachers are now classified and certified under the provisions of Acts 1937, pp. 882-885, known as an act to equalize educa-

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JOURNAL OF THE SENATE,

tional opportunities throughout the state. The county superintendent of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid under said act. Provided, however, that in np "event shall the salary of a county school superintendent be less than $1,000.00 per year. Said salaries to be paid monthly out of the school funds of the state, and in addition thereto, the County Board of Education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just"; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section l. That Chapter 32-10 relating to county superintendents of schools be and the same is hereby amended by striking therefrom in its entirety Section 32-1006 of the Code of 1933, which section relates to compensation due county superintendents of schools and by substituting in lieu of said section, repealed and stricken, a new section to be numbered 32-1006 and to read as follows:
"Section 32-1006. Each county superintendent of schools shall be certified and classified by the State Board of Education as teache.rs are now classified and certified under the provisions of Acts of 1937, pp. 882-885, known as an act to equalize educational opportunities throughout the state. The county superintendent of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid under said act. Provided, however, that in no event shall the salary of a county school superintendent be less than $1,000.00 per year, said salaries to be paid monthly out of the school funds of the state, and in addition thereto, the county board of education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just."
Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed.
Senator Caldwell of the 37th moved the ayes and nays and the call was sustained.
On the adoption of the substitute, the ayes were 7, nays 27, and the substitute was lost.
Senator Edwards of the 28th moved to amend HB 580 by striking the words "Less than $50.00 per month" in Section 32-1006 and substituting in lieu thereof less than $70.00 per month.
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 39, nays l.
The bill, having received the requisite constitutional majority, was passed as amended.

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217

The president presented to the Senate Hon. Alfred L. Taylor of Richmond county.

HR 166. By Mr. Oakley of Barrow, and others:

A bill to be entitled an act to provide the state shall pay to clerks of the Superior Courts $1.00 for each recording of enlistment and discharge records of members of the armed forces; and for other purposes.

Senator Holsenbeck of the 27th offered the following substitute:

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 the 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 clerks 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 cents (SOc), 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 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 hereby are, repealed.

.

The substitute was adopted.

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

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

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

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HB 705. By Mr. Young of Muscogee and others:
A bill to be entitled an act to amend Code Section 92-2902 by decreasing the fee for truck trailers or semi-trailers in the state; and for other purposes.
.'fhe 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.

The president presented Mrs. Gross, wife of Senator Gross of the 31st, to the Senate.

SB 242. By Senator Holsenbeck of the 27th:
A bill to be entitled an act to create the Executive Mansion Committee to build a new Governor's Mansion; and for other purposes.
The report 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 11.
The bill, having received the requisite constitutional majority, was passed.
Senator Sabados of the lOth asked unanimous consent that he be recorded as voting nay on the bill.
The consent was granted.
Senator Freeman of the 22nd asked unanimous consent that SB 242 be lmmt"diately transmitted to the House.
The consent was granted.

SB 288. By Senators Gross of the 31st, Millican of the 52nd and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit the time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 19, nays II.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Millican of the 52nd moved that the Senate reconsider its action in failing to pass SB 288, and the motion prevailed.

WEDNESDAY, JANUARY 23, 1946

219

The president recognized in the gallery 26 pupils from Bass Junior High School with their teachers, Miss Weems and Miss Patrick.
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 the State; and for other purposes.
Senator Norton of the 33rd offered the following substitute:
A resolution proposing to the qualified voters of Georgia an amendment to Article 5, Section 2 of the Constitution by adding thereto a new paragraph to be known as Paragraph 6, the same providing for abolishing the office of Comptroller-General, and creating the office of Insurance Commissioner, and transferring the present powers, duties, and authority of the Comptroller-General, in so far as they relate to insurance matters, to the Insurance Commissioner, who should be appointed by the governor and confirmed by the Senate, for a term of four years; and transferring all of the other powers, duties, and authority of the Comptroller-General to the Secretary of State; to provide the effective date of this amendment; to provide for the submission of this amendment for ratification or rejection by the people, as provided by law; and for other purposes.
RE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Article 5, Section 2 of the Constitution of Georgia be, and the same is hereby amended by adding a new paragraph thereto, to be designated ~s Paragraph 6 of Section 2 of Article 5, which shall read as follows:
The office of Comptroller General is hereby abolished.
"Par. 6. The Office of Insurance Commissioner is hereby created. The powers, duties, and authority now vested in the Comptroller-General in so far as they relate to insurance matters, are hereby transferred to the Insurance Commissioner. All other powers, duties, and authority of the Comptroller-General are hereby transferred to the Secretary of Stat~:. The Insurance Commissioner shall be appointed by the governor, with the approval of the Senate, for a term of four years, or until the expiration of the term of the appointing governor. This amendment shall become effective upon the expiration of the term of office of the present Comptroller-
General."
Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses in the General Assembly, the same shall be entered upon their journals with the ayes and nays taken thereon, and shall be published and submitted to the people for ratification or rejection at the next general election, at which election members of the General Assembly are chosen.
Section 3. To repeal all laws or parts of laws in conflict with this act.

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

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

Those voting in the affirmative were Senators:

Baggett Branch Brown Caldwell Causey Chastain Cloud Cook Daves Drake Edenfield

Edwards Freeman Gould Hawes Hodges Johnson Mavity McGinty Millican Minchew Moore

Nix Norton Rainey Riley Stone Turner of 35th Wall Welsch Wellborn

Those voting in the negative were Senators:

Deal Drinkard Gillis

Harrell of 12th Hill Moate

Sabados Walker

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Grayson of the 1st, Greene of the 21st, Harrell of the 7th, Holsenbeck of the 27th, Peebles of the 18th, Shedd of the 3rd, Slaughter of the 50th, 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 resolution, the ayes were 31, nays 8.

The resolution, having failed to receive the requisite constitutional two-thirds majority, was lost.

Senator Norton of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action in the failure to pass SR 38.

Pursuant to a previous motion of Senator Causey of the 46th made on March 2, 1945, the following bill of the Senate was brought up for further consideration:

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.
Senator Causey of the 46th asked unanimous consent that the third reading of the bill be dispensed with.

WEDNESDAY, JANUARY 23, 1946

221

The consent was granted.

Senator Millican of the 52nd moved that further consideration of the bill be indefinitely postponed.

On the motion for further consideration, the ayes were 11, nays 17, and the motion was lost.

Senator Causey of the 46th moved the previous question and the motion prevailed.

Senator Causey of the 46th offered the following amendment:

Moves to amend SB 207 by inserting between the word "years" and the word "provided," on line thirteen of Section 1 of said bill, the following:

"Which said attorney at law shall be neither a certified public accountant nor a registered public accountant."

Amend SB 207 by adding at the end of Section 9 another sub-paragraph to be numbered sub-paragraph eleven, and to read as follows:

" ( 11) Any person, firm or corporation holding out himself or itself for the purpose of practicing public accounting, or a public accountant, without first being certitified or registered as a public accountant as provided herein, shall be guilty of a misdemeanor, and punished as provided by law for the offense of misdemeanor."

The amendments were adopted.

Senator Causey of the 46th moved 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 Branch Brown Causey Cloud Deal Drake Drinkard Edwards Freeman

Harrell of 12th Harrell of 7th Hawes Hill Hodges Mavity McGinty Moore Norton Peebles

Rainey Riley Sabados Slaughter Stone Walker Wall Welsch

Those voting in the negative were Senators:

Gillis Gould

Johnson Millican

Moate

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Caldwell of the 37th, Cook of the 42nd, Daves of the 14th, Edenfield of the 2nd, Grayson of the 1st, Greene of the 21st, tJolsenbeck of the 27th, Nix of the

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32nd, Minchew of the 5th, Shedd of the 3rd, Turner of the 34th, Turner of the 35th, Wellborn of the 40th, and Yawn of the 48th.
The chair objected to the dispensing with the verification of the roll call.
The roll call was verified.
The report of the committee, which was favorable to the passage of the hill as amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd moved that immediately following the period of unanimous consent tomorrow morning, SB 207 be placed on the calendar for reconsideration in passing SB 207, and the motion prevailed.
Senator Harrell of the 7th moved that the Senate recess until 2:00 o'clock and the motion prevailed.
The president announced the Senate recessed.
The Senate reconvened at 2:00 o'clock and was called to order by the president.
Senator Harrell of the 12th moved that the previous motion to reconsider SB 207 made by Senator Millican of the 52nd was out of order and a violation of the rules of the Senate, under Senate Rules 94 and 95.
The chair ruled that the motion to reconsider SB 207 was in order and that following the period of unanimous consent tomorrow morning the bill would he placed on the calendar for further consideration.

HR 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Motor Common Carriers Act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.
The Committee on Motor Vehicles offered the following amendment:
Amend H B 690 by striking out Section 1, and in lieu thereof inserting the following as Section 1 :
"Section 68-609 of the Georgia Code of 1933 entitled 'Considerations determining granting of certificate of public convenience and necessity' IS hereby amended by adding at the end thereof the following:
"No certificate shall be granted to an applicant proposing to operate over the route of any holder of a certificate when the public convenience and necessity with respect to such route is being adequately served by such certificate holder; and no certificate shall be granted to an applicant proposing to operate over the route of any

WEDNESDAY, JANUARY 23, 1946

223

holder of a certificate unless and until it shall be proved to the satisfaction of the commision that the service rendered by such certified holder, over the said route, is inadequate to the public needs; if the commission shall be of the opinion that the service rendered by such certified holder over the said route is in any respect inadequate to the public needs, such certificate holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate shall be granted to an applicant proposing to operate over such route."
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 621. By Messrs. Connell of Lowndes, Herrin of Echols, Gaskins of Berrien, and Greer of Lanier:
A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th, and 8th Senatorial districts; and for other purposes.
Senator Riley of the 23rd offered the following substitute:
Substitute for HB 621. By Mr. Riley of the 23rd:
A bill to be entitled an act to amend Section 47-102 of the Code of Georgia of 1933, and all acts amendatory thereof, relating to the senatorial districts of said state, by striking said section in its entirety, and substituting in lieu thereof a new section to be numbered 47-102, so as to provide tor fifty-four senatorial districts of the State of Georgia; to provide that the same shall be distributed and be composed of the various counties of said state; to provide for a system or rotation for the election of senators; to repeal all conflicting laws; 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, Section 47-102 of the Code of Georgia of 1933, and all acts amendatory thereof, be and the same is hereby repealed in its entirety, and there is substituted in lieu thereof a new section to be numbered Section 47-102, relating to the fifty-four senatorial districts of said state, reading as follows:
47-102. There shall be fifty-four (54) senatorial districts of the State of Georgia, and the same shall be distributed and composed of the various counties of said state as follows, to wit:
No. 1. Effiingham, Chatham. No. 2. Liberty, Bryan and Mcintosh.

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No. 3. Long, Bentley, and Wayne. No. 4. Camden, Charlton, and Glynn. No. 5. Clinch, Ware, and Atkinson. No. 6. Lanier, Echols, and Lowndes. No. 7. Mitchell, Thomas, and Grady. No. 8. Miller, Decatur, and Seminole. No. 9. Baker, Calhoun, and Early. No. 10. Worth, Lee, and Dougherty. No. 11. Clay, Randolph, and Terrell. No. 12. Stewart, Quitman, and Webster. No. 13. Sumter, Macon, and Schley. No. 14. Pulaski, Bleck:ley, and Dooley. No. 15. Toombs, Montgomery, and Wheeler. No. 16. Emanuel, Laurens, and Treutlen. No. 17. Burke, J enk:ins, and Screven. No. 18. Jefferson, Richmond, and Glascock:. No. 19. Greene, Warren, and Taliaferro. No. 20. Washington, Baldwin, and Hancock:. No. 21. Johnson, Wilkinson, and Jones. No. 22. Lamar, Monroe, and Butts. No. 23. Taylor, Crawford, and Peach. No. 24. Marion, Muscogee, and Chattahoochee. No. 25. Talbot, Harris, and Upson. No. 26. Fayette, Spalding, and Clayton. No. 27. Oconee, Jackson, and Barrow. No. 28. Putnam, Morgan, and Jasper. No. 29. McDuffie, Columbia, and Lincoln. No. 30. Hart, Madison, and Elbert. No. 31. Habersham, Franklin, and Stephens. No. 32, White, Lumpkin, and Dawson. No. 33. Banks, Hall, and Forsyth. No. 34. Rockdale, DeKalb, and Gwinnett. No. 35. Newton, Walton, and Henry. No. 36. Pike, Coweta, and Meriwether. No. 37. Heard, Carroll, and Troup. No. 38. Polk:, Paulding, and Haralson. No. 39. Cherokee, Douglas, and Cobb. No. 40. Rabun, Towns, and Union. No. 41. Fannin, Gilmer, and Pickens. No. 42. Floyd, Bartow, and Chattooga. No. 43. Murray, Whitfield, and Gordon. No. 44. Catoosa, Dade, and Walker. No. 45. Telfair, Irwin, and Ben Hill. No. 46. Coffee, Pierce, and Bacon. No. 47. Turner, Colquitt, and Tift. No. 48. Wilcox, Crisp, and Dodge. No. 49. Candler, Evans, and Bullock:.

WEDNESDAY, JANUARY 23, 1946

225

No. 50. Wilkes, Oglethorpe, and Clarke. No. 51. Bibb, Twiggs, and Houston. No. 52. Fulton. No. 53. Cook, Brooks, and Berrien. No. 54. Appling, Jeff Davis, and Tattnall.

Section 2. The first county named in each of the above sections shall furnish the senator for the next general election, and after that the counties in the order named above shall furnish the senator for that district.

Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

Senator Millican of the 52nd offered the folowing amendment:

Amend HB 621 by striking in Section 1 No. 12 and inserting in lieu thereof: 1. Webster, 2. Quitman, 3. Stewart.

Senator Harrell of the 12th asked unammous consent that the amendment hi' adopted.

The consent was granted.

The amendment to the substitute was adopted.

Senator Freeman of the 22nd moved the ayes and nays on the passage of the bill by substitute as amended.

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

Those voting in the affirmative were Senators:

Caldwell Causey Daves Edenfield Edwards Freeman Grayson

Harrell of 12th Holsenbeck McGinty Millican Minchew P'eebles Rainey

Riley Sabados Slaughter Wall Welsch

Those voting in the negative were Senators:

Baggett Branch Brown Cloud Cook Deal Drake Drinkard

Gillis Greene Harrell of 7th Hawes Hodges Johnson Moate Moore

Nix Stone Turner of 34th Turner of 35th Walker Wellborn

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JOURNAL OF THE SENATE,

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Chastain of the 41st, Gould of the 4th, Hill of the 36th, Mavity of the 44th, Norton of the 33rd, Shedd of the 3rd, and Yawn of the 48th:

On the passage of the bill by substitute as amended, the ayes were 19, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost. Senator Stone of the 15th offered the following amendment to the original:

Amend HB 621 by adding a new section properly numbered and reading:
"The provisions of this act shall not in any wise take away from any county the right to furnish the senator from its respective district in order heretofore in force throughout the state."

The amendment was adopted.
St'nator Stone of the 15th offered the following amendment:
Amend HB 621, Section 7, by striking said section in its entirety and substituting in lieu thereof the following:

Section 7. The 15th Senatorial District shall be composed of the Counties of Montgomery, Treutlen, and Wheeler.
The amendment was adopted.

Senator Harrell of the 7th moved the ayes and nays on the original bill.

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

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Cloud Cook Daves Deal Drake Drinkard

Edenfield Gould Grayson Greene Harrell of 7th Hodges Johnson Millican Moate Moore

Nix Norton Rainey Stone Turner of 34th Turner of 35th Wall Wellborn

Those voting in the negative were Senators:

Causey Edwards Freeman Harrell of 12th

McGinty Peebles Riley Sabados

Slaughter Welsch

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Chastain of the 41st, Gillis of the 16th, Hawes of the 30th, Hill of thl'

WEDNESDAY, JANUARY 23, 1946

227

36th, Holsenbeck of the 27th, Mavity of the 44th, Minchew of the 5th, Shedd of the 3rd, Walker of the 45th, and Yawn of the 48th.
By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 28, nays 10.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Causey of the 46th asked ananimous consent that at the proper time he would move that the Senate reconsider its action on HB 621, the substitute and all amendments thereto.
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 10:00 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 24th, 1946.
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 reported that the journal of yesterday's proceedings had been examined and found correct. 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.

Senator Millican of the 52nd moved that the Senate reconsider its action in defeating the substitute to the following bill of the House:

HB 621. By Messrs. Connell of Lowndes and others:
A bill to be entitled an act to create the 53rd Senatorial District, composed of Cook, Brooks and Berrien counties, and reapportion the 6th, 7th, and 8th Senatorial Districts; and for other purposes. On the motion to reconsider the ayes were 31, nays 1, and the substitute to HB 621 took its place on the calendar for reconsideration.

Senator Norton of the 33rd moved that the Senate reconsid'er its action m defeating the substitute to the following resolution of the Senate:
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.

THURSDAY, JANUARY 24, 1946

229

On the motion to reconsider, no quorum voting, and a roll call was ordered.

The vote was as follows :

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Caldwell Causey Cloud Cook Daves Drake Drinkard

Edenfield Edwards Gould Grayson Greene Harrell of 7th Hawes Hodges Holsenbeck Johnson McGinty

Millican Minchew Moore Norton Peebles Rainey Sabados Shedd Stone Turner of 35th Wellborn

Not voting were Senators: Bennett of the 17th, Bentley of the 25th, Chastain of the 41st, Deal of the 49th, Freeman of the 22nd, Gillis of the 16th, Harrell of the 12th, Hill of the 36th, Mavity of the 44th, Moate of the 20th, Nix of the 32nd, Riley of the 23rd, Slaughter of the 50th, Turner of the 34th, Walker of the 45th, 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.

On the motion to reconsider the substitute to SR 38, the ayes were 33, nays 0, and the motion prevailed.

Senator Harrell of the 7th asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on Amendments to Constitution:

SB 294. By Senators Harrell of the 7th and Gross of the 31st:
A bill to be entitled an act proposing an amendment to Article 6, Section 14, Paragraph 4 of the Constitution to provide state officials shall be sued in their home county for misfeasance or malfeasance in office; and for other purposes.
The consent was granted.

The president recognized in the gallery the Seventh Grade Civil Class from Napsonian School, Atlanta, Georgia, with their teacher, Mrs. Julian Walters.

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 considera-

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JOURNAL OF THE SENATE,

tion the following bill of the Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

SB 294. Do Pass.

Respectfully submitted,
Harrell of 7th 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 have instructed me as chairman, to report the same back to the Senate with the following recommendations:

HB 584. Do Pass by Substitute HB 440. Do Pass as Amended
Respectfully submitted, Holsenbeck of 27th district, Chairman.

Mr.. Mavity of the 44th district, chairman of the Committee on Industrial Relations, submitted the following report:
Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 216. Do Pass.

Respectfully submitted,
Mavity of 44th, district, Chairman.

Mr. Johnson 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

THURSDAY, JANUARY 24, 1946

231

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

HB 718. Do Pass HB 684. Do Pass HB 704. Do Pass HB 89. Do Pass

Respectfully submitted,
Johnson of 24th 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 785. Do Pass HB 739. Do Pass HB 766. Do Pass H B 488. 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 bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 738. Do Pass

Respectfully submitted,
Cloud of 19th district, Chairman.

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JOURNAL OF THE SENATE,

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

HB 552. Do Pass HB 639. Do Pass. HB 720. Do Pass HB 740. Do Pass HB 755. Do Pass HR 164. Do Pass HR 165. Do Pass

Respectfully submitted,
Causey of 46th 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 recommendation:

SB 24. Do Pass

Respectfully submitted,
Norton of 33rd district, Chairman.

Mr. Drake of the 8th district, chairman of the Committee on Public Highways, submitted the following report:
Mr. President:
Your Committee on Public Highways 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:

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233

HB 473. Do Pass HR 158. Do Not Pass HB 637. Do Not Pass HB 464. Do Not Pass
Respectfully submitted, Drake of 8th 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 hack to the Senate with the following recommendations:

HB 783. Do Pass HB 790. Do Pass HB 791. Do Pass HB 716. 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 bills of the House to wit:

HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend Paragraph 95,803 of the Georgia Code of 1933 by adding thereto a provision for counties having a population of not less than 34,800 and not more than 35,000 authority to levy a tax at a rate not greater than six-tenths of one per centum for the purpose of paying the salaries and wages and for working and repairing the public roads; and fo other purposes.

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JOURNAL OF THE SENATE,

HB 789. By Messrs. McCurdy of DeKalb and Bloodworth and Wilson of Bibb and others:
A bill to be entitled an act to authorize counties having a population of more than 80,000 by the United States Census of 1940 or by any future census, to levy taxes for the purposes defined and described in Article 7, Section 4, Paragraph 1, and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended; and for other purposes.

HB 798. By Mr. Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days' notice by publication for the election of trustees; and for other purposes.

HB 803. By Messrs. Glisson of Evans, Watford of Long, Burch of Dodge, Dykes of Bleckley and DeFoor of Mcintosh:
A bill to be entitled an act to provide a salary of $50.00 per month to the ordinaries in counties having a population of not less than 4,000 and not greater than 10,000 in addition to their fees; and for other purposes.

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide, in each of the counties of this state having a population of not less than 9,654 and not more than 9,660 according to the United States Census of 1940 and any future United States Census where the solicitors general of the several judicial circuits and the solicitors of the several city or county courts of said counties are on salary basis, the method of distribution and disbursement of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law; 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 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Section 113-709 of tre Code of Georgia by providing that will executed in another state, and witnessed according to the laws of the state where executed, shall constitute muniments of title for the transfer of real property in this state; and for other purposes.

HB 780. By Mr. Durden of Dougherty:

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235

A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.

HB 784. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the sheriff, his deputies, and the clerk of the Superior Court and his deputies, of certain counties in Georgia on a salary basis; and for other purposes.

HB 793: By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether and Greer of Lanier:
To be entitled an act to amend Chapter 32-9 of the Code of Georgia of 1933, as amended, .relating to the powers and duties of County Board of Education, by striking and repealing from said chapter all references to local or consolidated school district trustees and subdistricts; and for other purposes.

HB 757. By Mrs. Guerry of Macon, Messrs. Culpepper of Fayette, Hatchett and
Thompson of Meriwether and others: A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; 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 666. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to direct the county commissioners of all counties of 300,000 and over, to pay the ordinary $9,000.00 annually; and for other purposes.

HB 765. 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 this state; and- for other purposes.

HB 797. By. Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:

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JOURNAL OF THE SENATE,

A bill to be entitled an act to authorize boards of education of cities and counties having a population of more than 300,000 according to the last census or any future census to establish and operate schools on a twentyfour basis and to pay the cost thereof; and for other purposes.

HB 779. By Mr. Durden of Dougherty:
A bill to be entitled an act to repeal the code sections of the Code of Georgia of 1933; which provides for an election for bonds to build and equip school houses in school districts and how said election shall be held; and for other purposes.
HB 777. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act entitled "An act, to change from fee to salary system in certain counties in Georgia, the clerk of the Superior Court (whenever he be clerk of the Superior 'Court or ex-officio clerk of other courts), the sheriff, the ordinary, the tax collector, and the tax receiver; 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 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend Section 47-801 of the Code of Georgia of 1933 relating to the notice of intention to apply for passage of local bills, by striking said section in its entirety and substituting in lieu thereof a new section to be numbered 47,801; to repeal all conflicting laws; and for other purposes.
HB 359. By Messrs. Hand and Twitty of Mitchell and others:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations limiting the height of structures and regulating the use of property in the vicinity of airports; 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 as amended by the requisite constitutional majority the following bill of the Senate to wit:

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237

SB 257. 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; 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 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend an act creating the charter for the Town of Woodbine, approved August 17, 1908, as amended by subsequent acts, so as to authorize the mayor and councilmen to adopt zoning regulations, building codes and sanitary codes; 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 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Claxton of Camden, and others:
A bill to be entitled an act authorizing the governor to fix the compensation of the directors of the Department of Forestry, the Department of Mines, Mining and Geology, the Department of State Parks, Historic Sites and Monuments; to repeal conflicting laws; and for other purposes.
HR 168. By Messrs. Alexander, Connerat and MeN all of Chatham and others:
A resolution creating the Chas. H. Herty Mem"orial Association; and for other purposes.
HR 175. By Messrs. Gowen and Gilbert of Glynn:
A resolution to establish beyond doubt or uncertainty the name of the inlet or tidal estuary on the Georgia coast traditionally known as Goulds Inlet.
HR 184. By Mr. Pittman of Tift:
A resolution whereas, Emory P'ervy was employed by the State Highway Department of the State of Georgia and while on business for the state did

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JOURNAL OF THE SENATE,

run over and kill J. H. Glover and injured his son, be it resolved that there is hereby appropriated $3,000.00 to be paid Mrs. J. H. Glover; and for other purposes.

HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of DeKalb and others:
A bill to be entitled an act to authorize counties and municipalities to construct, conduct and supervise recreation systems and to provide for the recreation boards of commissions; and for other purposes.

The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
l\1 r. President:
The House has passed by the requisite constitutional majority the following bill and resolutions of the House to wit:

HB 648. By Messrs. Key of Jasper, Connell of Lowndes, and others:
A bill to be entitled an act to amend an act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws 1945, pp. 362-6) entitled, "An act to provide for the creation of the judge of the Superior Court, Emeritus, to prescribe eligibility for incumbents; and for other purposes.

HR 66. By Mr. McCracken of Jefferson:
A resolution to provide for the payment of a note to Riches, Piver Company and compromise the same: said note executed by the Board of Entomology of the State of Georgia; and for other purposes.

HR 81. By Messrs. Dorsey and Brumby of Cobb:
A resolution to compensate Mrs. Dock Harrison Wooten, widow of Dock Harrison Wooten, for injuries he received upon property of the State of Georgia, and known as a State Farmers Market, said injuries resulting in his death.

HR 167. By Messrs. Harris of Richmond and Culpepper of Fayette:
A resolution to provide for the payment of a subsistence of maintenance allowance to the State Auditor in lieu of actual hotel and subsistence; and for other purposes.

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

THURSDAY, JANUARY 24, 1946

239

HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of DeKalb, Livington of Polk, and Wilson of Bibb:
A bill to be entitled an act to authorize counties and municipalities to construct, conduct, and supervise recreation systems and to provide for recreation boards or commissions; and for other purposes.
Referred to Committee on State of the Republic.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union, and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mine, Mining and Geology and the Department of State Parks, Historic Sights and MonHments; and for other purposes.
Referred to Committee on Public Utilities.

HB 648. By Messrs. Key of Jasper, Connell of Lowndes, Harris of Richmond, and others:
A bill to provide a retirement fund for judges of the Superior Court; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine so as to provide for zoning regulations and building codes; and for other purposes.
Referred to Committee on Municipal Government.

HR 168. By Messrs. Alexandt;r of Chatham, Connerat and MeN all of Chatham, Gowen and Gilbert of Glynn, Claxton of Camden, Hinson of Ware, Fortson of Wilkes, Smith of Bryan, Harris of Richmond, Hart of Thomas, DeFoor of Mcintosh, Witherington of Wilcox, Beddingfield of Doolv, Herndon of Hart, Medders of Bacon, Black of Webster, and others: .
A resolution authorizing the governor to appoint a Charles H. Herty Memorial Association to erect a monument on the capitol grounds; and for other purposes.
Referred to Committee on State of Republic.

HR 175. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simon Island and Sea Ialand to be Goulds Inlet; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on State of the Republic.

HR 184. By Mr. Pittman of Tift:
A resolution to appropriate $3,000 to be paid to Mrs. J. H. Glover for the death of her husband caused by a State Highway truck colliding with his car; and for other purposes.
Referred to Committee on Finance.

HR 66. By Mr. McCracken of Jefferson:
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.
Referred to Committee on State of Republic.

HR 81. By Messrs. Dorsey and Brumby of Cobb:
A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmer~ Market; and for other purposes.
Referred to Committee on Appropriations:

H~ 167. By Messrs. Harris of Richmond, and Culpepper of Fayette:
A resolution to provide a maintenance allowance for the State Auditor m lieu of actual hotel and subsistence; and for other purposes.
Referred to Committee on State of Republic.

Senator Welsch of the 39th asked unanimous consent that the following bill of the House be withdrawn, read the second time and recommitted to Committee on General Judiciary No. 1 :

HB 731. By Messrs. Culpepper of Fayette and others:
A bill to be entitled an act to fix the salary of the court reporter m the Griffin Judicial Circuit; and for other purposes.
The consent was granted.

Senator Welsch of the 39th asked unanimous consent that the following bill of the House be withdrawn, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 749. By Messrs. Culpepper of Fayette, and Wilson and Weaver of Bibb:

THURSDAY, JANUARY 24, 1946

241

A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.
The consent was granted.

The president recognized in the gallery the Professional Adjustment Class from Crawford W. Long Hospital.

Senator Welsch of the 39th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 479. By :VIr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of nole contenders may be entered in all criminal cases in this state and to provide for the effect of such plea; and for -other purposes.
The consent was granted.

Senator Welsch of the 39th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 631. By Mr. Culpepper of Fayette and others:
A bill to be entitled an act to fix the salary of the court reporter m the Griffin Judicial Circuit; and for other purposes.
The consent was granted.

Senator Welsch of the 39th moved that the following bill of the House be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted:

HB 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to provide for appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; and for other purposes.
The motion prevailed.

Senator Welsch of the 39th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 658. By Mr. Durden of Dougherty:

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JOURNAL OF THE SENATE,

A bill to be entitled an act to amend Code Section 64-110 of the code relating to bill of exception and supersedas; and for other purposes.
The consent was granted.

Senator Gould of the 4th asked unanimous consent that the following resolution of the House be withdrawn from the committee, read the second time and recommitted to the Committee on Public Property:

HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a peed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for underprivileged boys; and for other purposes.
The consent was granted.
Senator Mavity of the 44th asked unanimous cons~nt that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted to the Committee on Insurance:

SB 291. By Senator Mavity of the 44th:
A bill to be entitled an act to provide that the Comptroller General be authorized to appoint a Deputy Comptroller General with authority to sign warrants; and for other purposes.
The consent was granted.

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

H B 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to authorize the City Council to fix the salary of the Commissioner of Public Safety at not less than 5,000 dollars per annum; and for other purposes.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Laws 1907, pp. 413-414) and approved August 15, 1913 (Ga. Laws, 1913, pp. 604-611); and for other purposes.

HB 716. By Mr. Banks of Lamar: A bill to be entitled an act to amend the charter of the City of Barnesville

THURSDAY, JANUARY 24, 1946

243

to provide that property owners shall pay for grading and paving of streets; and for other purposes.

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropriation act to provide 10c per mile travel expenses to members of the General Assembly for attending adjourned session; and for other purposes.

HB 584. By Mr. Holbrook of Forsyth, and others:
A bill to be entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.

HB 440. By Mr. Nicholson of Oconee:
A bill to be entitled an act to prohibit the use of all metal clamps, tags,
hooks, plates or stripes on all sacks used for commercial feed; and for other
purposes.

H B 704. By Mr. Weaver of Bibb, and others:
A bill to be entitled an act to amend the general tax to define government war bonds issued after December 7, 1941; and for other purposes.

HB 739. By Mr. Lovett of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of the City of Dublin; and for other purposes.

HB 785. By Mr. Mann of Henry:
A bill to be enitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.

HB 766. By Mr._ Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.

HB 488. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize 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

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JOURNAL OF THE SENATE,

and control of storage of inflammable materials and explosives; and for other purposes.

HB 738. By Messrs. Lovett of Laurens, Chance of Twiggs Malone of Laurens, -and Rowland of Johnson:
A bill to be entitled an act to fix the salary for the solicitor general of the Dublin Judicial Circuit; and for other purposes.

HB 552. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend Code Section 74-9902 to provide for the commission of the offense of abandonment by a mother, and for the competency of witnesses; and for other purposes.

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Ge~rgia Bar Association and
Judicial Council to investigate charges of unlawful practice of law; and for other purposes.
HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes ancl other evidences of indebtedness; and for other purposes.

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce to cover cost; and for other purposes.

HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the pay of the secretary of coroners juries in Bibb county to $5 for each inquest; and for other purposes.

HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.

HR 165. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; and for other purposes.

THURSDAY, JANUARY 24, 1946

245

HR 89. By Mr. Kennimer of Harris:
A resolution to appropriate $5,000.00 to compensate Mr. and Mrs. J. W. McDonald for permanent injuries received by their infant son when struck by a truck owned by the State Highway Department; and for other purposes.

HB 473. 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 provide that any stop signs erected at intersections of roads by the State Highway Department shall be legal signs; and for other purposes.

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax increase for ordinary expenses; and for other purposes.

HB 684. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Section 32-3701 of the Code of Georgia, 1933, as amended, relating to the purposes for which counties may levy taxes, so as to provide what purposes for which counties may levy taxes; and for other purposes.

HB 216. By Mr. Key of Jasper:
A bill to be entitled an act to amend the Workmen's Compensation Act to include the disease known as silocosis within the terms of the injury; and for other purposes.

SB 24. By Senator Gross of the 31st:
A bill 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.

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

HB 742. By Messrs. McWhorter, Hubert, and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the city of Decatur relative to the police court and giving the City Commissioners the right to establish a recorder's court and name a recorder; and for other purposes.

246

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenue of the County of Hart; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dawson, 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.

l-IB 729. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of St. Mary 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the extension corporate limits 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.

THURSDAY, JANUARY 24, 1946

247

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

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreea to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 744. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to autho_rize the city to pay pensions to officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to pay to the Board of County Commissioners of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 743. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.
The report 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.

248

JOURNAL OF THE SENATE,

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb County to establish a pension and/or insurance provisions for the county employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was flassed.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioners of Rockdale County to construct recreation facilities with county funds, equipment and labor; and for other purposes.
The report 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 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act authorizing the installation of photostatic equipment and other photographic equipment in the office of the clerk of the Superior Court of DeKalb county; and for oth~r purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges 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 44, nays 0.
The hill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 24, 1946

249

HB 649. By Mr. Gavin of Clayton:
A bill to be entitled an act to abolish the officers of tax receiver and tax collector of Clay county and creates 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the tax commissioner of Franklin county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior court and ordinaries traffic courts in Wheeler county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin: A bill to be entitled an act to authorize the County Commissioners of Bald-

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JOURNAL OF THE SENATE,

win county to establish zoning or planning laws in the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act approved March 9, 1945, to authorize the Commissioners of Richmond county to levy an assess occupation taxes and license fees in the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act approved March 2, 1945 (Acts 1945, pp. 829830) regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the county commtsswners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 726. By Messrs. Williains and Hinson of Ware:
A bill to be entitled an act to create a Ware county hospital board to operate the Ware County Hospital; and for other purposes.

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251

The report 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 672. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of College Park to provide the pension system for officers and employees, and create a pension 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila, in the County of Madison; and for other purposes.
The report 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 688. By Mr. Boyington of Union:
A bill to be entitled an act to create a new charter for the City of Blairsville ; and for other purposes.
The report 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, havin~ received the requisite constitutional majority, was passed.

HB 656. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to establish a legislative charter for the Town of Pooler in Chatham 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.

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JOURNAL OF THE SENATE,

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

HB 686. By Mr. Thompson of Meriwether:
A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The president recognized in the gallery a Class of State and Local Government from Wesleyan College with their teacher, Dr. Florence Sheriff.

H B 674. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, relating to the power of the city to furnish local service; and for other purposes.
Senator Johnson of the 24th offered the following amendment:
Amend HB 674 by a.dding to the caption before the words "and for other purposes" the following:
"To provide that no public utility operating hereunder shall extend beyond the established limits of Muscogee county. Amend further by adding to Section 3 (7) the following: "No public utility operating within the purview of this act shall extend beyond the established limits of Muscogee county. No services shall be rendered by any public utiiity operating under the provisions of this law beyond the established limits of Muscogee county.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 4.
The bill, having received the requisite constitutional ma~rity, was passed as amended.

The; president presented to the Senate Judge and Mrs. Langford, of LaFayette, Georgia.

The following bills and resolutions of the Senate and House were read the third time, and put upo11 their passage:

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253

HB 619. By Messrs. Gowen and Gilbert of Glynn:

A bill to be entitled an act to set aside rentals from the W. & A. Railroad for the purpose of building ports at Savannah and Brunswick; and for other purposes.

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

Senator Harrell of the 12th moved the ayes and nays and the motion prevailed.

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Causey Cloud Cook Daves Deal Edwards Freeman Gillis Gould

Grayson Greene Harrell of 7th Hawes Hill Hodges Holsenheck Johnson Mavity McGinty Millican Minchew Moate

Nix Norton Peebles Rainey Riley Shedd Slaughter Stone Turner of 34th Walker Wall Welsch Wellborn

Those voting in the negative were Senators:

Caldwell Chastain Drinkard

Harrell of 12th Moore Sahados

Turner of 35th

Not voting were Senators: Bennett of the 17th, Bentley of the 25th, Drake of the 8th, Edenfield of the 2nd, and Yawn of the 48th:

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

Senator Harrell of the 12th asked unanimous consent that he be recorded as voting nay on the hill, and the consent was granted.

On the passage of the hill, the ayes were 39, nays 7.

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

HR 161. By Mr. Greene of Crisp:
A resolution proposing to establish a Memorial Park for Georgia veterans: and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 159. By Mr. Hall of Treutlen:
A resolution directing the governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 69.

By Senator Millican of the 52nd: A resolution proposing to the people of the State of Georgia an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia as amended August 13, 1945; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

Section 1. That the General Assembly of the State of Georgia proposes to the people of Georgia that Article VII, Section VII, Paragragh V of the Constitution of Georgia as amended August 13, 1945, be further amended by adding the following paragraph at the end of said Section V:

Provided further, that revenue anticipation obligations may be issued by the City of Atlanta, Fulton county. or DeKalb county, or either of them or by any public corporation created by them or either of them, to provide funds for the com;truction, in whole or in part of grandstands and stadiums or either of them, or to provide funds to extend, repair or improve such existing facilities. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by such facilities, and shall not be deemed debts of or to create debts against, the issuing political subdivision within the meaning of the Constitution as amended; and no such issuing political subdivision shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.
Section 2. All persons voting at said election in favor of adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section VII, Paragraph V, so as to authorize the issuance of revenue certificates." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written

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255

or printed on their ballots the words, "Against ratification of the amendment to Article VII, Section VII, Paragraph V, so as to authorize the issuance of revenue certificates."
Section 3. If a majority of electors qualified to vote thereon shall vote in favor .of the ratification of said amendment, when the returns shall be consolidated as now required by law in such elections, and return thereof be made to the governor, then he shall declare said amendment adopted and make proclamation of the result thereof, and said amendment shall be and become a part of Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia as amended.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

Those voting in the affirmative were Senators:

Baggett Bennett Branch Brown Caldwell Causey Chastain Cloud Cook: Daves Deal Drinkard Edenfield

Edwards Freeman Gillis Gould Harrell of 12th Hawes Hill Hodges Holsenbeck: McGinty Millican Minchew Moate

Moore Nix Norton Peebles Rainey Sabados Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Welsch

Not voting were Senators: Battle of the 13th, Bentley of the 25th, Drake of the 8th, Grayson of the 1st, Greene of the 21st, Harrell of the 7th, Johnson of the 24th, Mavity of the 44th, Riley of the 23rd, 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 adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following resolution was taken up for the purpose of reconsideration: 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.

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JOURNAL OF THE SENATE,

Senator Norton of the 23rd moved the previous question and the motion prevailed.

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

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

Those voting in the affirmative were Senators:

Battle Bennett Brown Caldwell Causey Cloud Cook Daves Edenfield Edwards Freeman Gillis

Gould Grayson Greene Harrell of 7th Hawes Hodges Johnson McGinty Millican Moate :Moore Nix

Norton Peebles Rainey Riley Shedd Slaughter Stone Turner of 34th Turner of 35th Walker Wellborn

Those voting in the negative were Senators:

Deal Drinkard

Harrell of 12th Hill

Not voting were Senators: Baggett of the 51st, Bentley of the 25th, Branch of the 47th, Chastain of the 41st, Drake of the 8th, Holsenbeck of the 27th, Mavity of the 44th, Minchew of the 5th, Sabados of the lOth, 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.

On the adoption of the resolution by substitute, the ayes were 35, nays 4.

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

Pursuant to a previous motion by Senator Millican of the 52nd, the following bill of the Senate was taken up for reconsideration:

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit the time the State Revenue Commissioner may pay int-erest on such tax refunds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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257

On the passage of the bill, the ayes were 28, nays l. The bill, having received the requisite constitutional majority, was passed.

A sealed communication was received from His Excellency, the Governor, through Hon. Ivan Allen, Jr., executive secretary, and filed with the secretary.
Senator Harrell of the 7th moved that the Senate do now recess until 1:45 p. m., and the motion prevailed.
The president announced the Senate recessed until 1 :45 p. m.
The Senate reconvened at 1 :45 p. m. and resumed its regular order of business.
The following bills of the House were read the first time and referred to the committees:
HB 777. Bv Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that the County Commissioners of Fulton county shall fix the salaries of the clerk of Superior Court, sheriff, ordinary, tax collector and tax receiver; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 779. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 32-1401, 32-1402 and 32-1403 to authorize counties constituting a school district of exclusive of independent school systems to issue bonds for school purposes; and for other purposes.
Referred to Committee on Finance.
HB 666. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000 per year; and for other purposes.
Referred to Committee on Counties and County .Matters.
HB 765. By Messrs. Connell of Lowndes and Gowen of Glynn: A bill to be entitled an act to provide terms upon which foreign corporations may do business in this state; to require filing of copy of charter with the Secretary of State and designation of an agent for service of process; and for other purposes.
Referred to Committee on State of the Republic.
HB 797. 6y Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for parental schools in Fulton county to be operated 24 hours a day for sending delinquent or mentally defected children; and for other purposes.

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JOURNAL OF THE SENATE,

Referred to Committee on counties and County Matters.

HB 359. By Mr. Hand of Twitty and others:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations and to provide for the acquisition of airports; and for other purposes.
Referred to Committee on Municipal Government.

HB 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation; and for other purposes. Referred to Committee on General Judiciary No. 1.

HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to provide that Commissioners of Hall county may levy a tax of six-tenths of one per centum for paying salaries for working and repairing public roads; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, Bloodworth
and Wilson of Bibb, Connerat, MeNall and Alexander of Chatham, Harris, Holley and King of Richmond, Weaver of Bibb, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the levy of a tax of a stated mileage in counties of over 80,000 population without specifying the percentage levied for any stated purpose; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 803. By Messrs. Glisson of Evans, Watford of Long, Burch of Dodge, Dykes
of Bleckley and DeFoor of Mcintosh: A bill to be entitled an act to provide a salary of $50 per month to the ordinaries in counties having a population of not less than 4,000 and not greater than 10,000 in addition to their fees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 804. By Mr. Dykes of Bleckley: A bill to be entitled an act to provide the method of distributing fines and forfeitures in Bleckley county courts to the officers of the courts; and for other purposes.

THURSDAY, JANUARY 24, 1946

259

Referred to Committee on Counties and County Matters.
HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days' notice by publication for the election of trustees; and for other purposes.
Referred to Committee on Military Affairs.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 278. By Senators Gould of the 4th and Stone of the 15th:
A bill to be entitled an act to amend Code Section 84-303 to allow any person who is graduated in architecture from a school approved by the American Institute of Architects and who has served two years in the armed services to practice without an examination; and for other purposes.
The report 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 290. By Senator Freeman of the 22nd: A bill to be entitled an act to amend Code Section 84-803 to provide for seven members for the State Board of Embalming instead of six; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The president presented to the Senate Mrs. Moore and Lt. and Mrs. William Moore, wife and son of Senator Moore of the 38th.
Senator Hawes of the 30th asked unanimous consent that the following bill of the Senate be removed from the table and take its proper place on the calendar:
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. 216-222) 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 elected by the General Assembly, with a chairman, treasurer, and State Highway engineer; and for other purposes.

\

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JOURNAL OF THE SENATE,

On the motion to remove the bill from the table, the ayes were 32, nays 1, and the motion prevailed.
The president presented to the Senate Major General John H. Hester and Major John Sammon Bell of Albany, Georgia.

HB 635. By Mr. Durden of Dougherty: A bill to be entitled an act to fix fees for clerks of the Superior Courts of this state; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 635 by striking in Section 1 the following: "Provided nothing herein shall apply to clerks of superior court who are on a salary basis only" and insert in lieu thereof the following: "Provided that in all counties in this state where the clerks of the superior court are on a salary basis the fees herein provided shall be paid into the county treasurer."
The amendment was adopted.
Senator Brown of the 6th moved that the bill be tabled and the motion was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
The president introduced to the Senate Mr. and Mrs. Cedric Foster, and Mr. Foster briefly addressed the Senate.
Pursuant to a previous motion the following bill of the House, the substitute and all amendments were taken up for reconsideration:
HB 621. By Messrs. Connell of Lowndes, Herrien of Echols, Gaskins of Berrien and Greer of Lanier:
A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooke and Berrien counties and reapportion the 6th, 7th and 8th senatorial districts; and for other purposes.
Senator Stone of the 15th asked unanimous consent that he be allowed to withdraw his amendments to the original.
The consent was granted.
Senator Edwards of the 28th offered the following amendment to the original:
"No county shall furnish the nominee for state senator in said district except in rotion order unless the same is consented to by the executive committee of each of the other countit>s in said district."

THURSDAY, JANUARY 24, 1946

261

The amendment was adopted.
Senator Harrell of the 7th moved the ayes and nays on the passage of the bill by substitute as amended.
The motion prevailed.
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 42, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Harrell of the 7th asked unanimous consent that the bill be immediately transmitted to the House.
The consent was granted.

HB 692. By Mr. Whaley of Telfair: A bill to be entitled an act to provide for a deputy cherk of the Superior Court of Telfair county and 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 620. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the State Port Authority Act approved March 9, 1945 to provide for maintenance by the state of a system of state docks ; and for other purposes.
The report 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 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend the Workmen's Compensation Act to provide salaries of the members of the board shall be fixed by the governor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

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

HB 709. By Mr. Alexander of Chatham:

A bill to be entitled an act to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Causey Chastain Cloud Cook Daves Deal Drake Drinkard Edenfield Edwards

Freeman Gould Grayson Greene Harrell of 12th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew

Moore Nix Norton Peebles Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Wall

Not voting were Senators: Bennett of the 17th, Bentley of the 25th, Caldwell of the 37th, Gillis of the 16th, Harrell of the 7th, Moate of the 20th, Turner of the 35th, Walker of the 45th, 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 passage of the bill, the ayes were 40, nays 0.

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

HB 659. By Messrs. Connell of Lowndes and Durden of Dougherty:
A bill to be entitled an act to provide for the appointment of an assistant state treasurer by the state treasurer; and for other purposes.
Committee on State of the Republic moves to amend HB 659 by striking Section I in its entirety and inserting a new nection to be known as Section I and reading as follows:

THURSDAY, JANUARY 24, 1946

263

Section 1. That Section 40-904 of the 1933 Code of Georgia be and the same is hereby repealed in its entirety and there is hereby enacted in lieu thereof another code section bearing the same number which, when enacted, shall read as follows:

Section 40-904-Assistant State Treasurer-Clerks. There shall be an officer in the State Treasury Department to be styled Assistant State Treasurer. The salary of said Assistant State Treasurer shall be $4,800.00 per annum, and his appointment shall be by the State Treasurer. All clerks of said department shall be appointed by the State Treasurer, who shall fix the salaries of said clerks within thl' limits of the legislative appropriation.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the hill 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.

HR 146. By 11essrs. Harris of Richmond and Gowen of Glynn:

A resolution authorizing additional allotment of funds for highway construction, teachers salaries, textbooks, health, tuberculosis hospital, institions maintenance, and permanent improvements and welfare benefits; and for other purposes.

Senator Gross of the 31st moves to amend H R 146 by adding a new paragraph at the end of the paragraph entitled "Highway, Department of," and to read as follows:
Of the amount herein appropriated a sum equal to that which is now or may hereafter be appropriated to the State of Georgia by the Federal Government for the construction of secondary highways, farm to market roads, rural post roads, and school bus routes, is specifically appropriated to match federal funds for said purposes. The total amount of federal funds so allocated and state funds herein appropriated to match the federal appropriation shall be used as follows:

Two-thirds of the total amount for the construction of rural post roads and farm to market roads as defined in the act of the General Assembly approved March 18, 1937 (Georgia Laws 1937, pages 912-918), said funds to be distributed and used as provided in said act. One-third of the total amount so designated to be used for the construction of secondary roads now on the state highway system.

The amendment was adopted.

Senator Stone moves to amend HR 146 (A) relating to the appropnatton of state funds by adding to the section dealing with "Education, Department of," a section to be known as "C," and reading as follows:

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JOURNAL OF THE SENATE,

"The sum of $100,000.00 in addition to the regular operation is hereby appropriated and allocated to the State Board of Education, to be used for building purposes at the North Georgia Vocational School."

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Baggett Battle Bentley Brown Causey Cloud .cook Daves Drake Drinkard Edenfield Edwards

Gould Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Moore Nix

Norton Peebles Rainey Riley Sabados Shedd Slaughter Stone Turner of 34th Walker Wall Welsch

Not voting were Senators: Bennett of the 17th, Branch of the 47th, Caldwell of the 37th, Chastain of the 41st, Deal of the 49th, Freeman of the 22nd, Gillis of the 16th, Grayson of the 1st, Greene of the 21st, Millican of the 52nd, Minchew of the 5th, Moate of the 20th, Turner of the 35th, 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 resolution, the ayes were 36, nays 0.

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

HR 148. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the state emergency fund to the State Ports Authority; 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.

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265

Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted:
HB 644. By :\1rs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta by repealing Sections 6 and 7 of the charter approved March 9th, 1945; and for other purposes.
The consent was granted.
Senator Millican of the 52nd asked unanimous consent that the following bills of the House be withdrawn from the committees, read the second time and recommitted to the Committee on State of Republic:
HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel and Looper of Terrell:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operations of hospitals; and for other purposes.

HB 667. By Mr. Harrison of Jenkins: .
To be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.
The consent was granted.
Senator Baggett of the 51st asked unanimous consent that the following resolution of the House be withdrawn from the committee, read the second time and recommitted to the Committee on Appropriations:
HR 157. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau to pay H. E. Terrell, Jr., $4,404.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School; and for other purposes.
The consent was granted.

HB 601. By Mr. Culpepper of Fayette:
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.
Senator Freeman of the 22nd offered the following substitute:
A bill to be entitled an act to amend Section 78-216 of the Code of Georgia of 1933, relating to the amount of pensions and time of payment thereof to

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JOURNAL OF THE SENATE,

Confederate soldiers and their widows, as amended by the act of the General Assembly of Georgia approved February 24, 1939, (Georgia Laws 1939, page 189), so as to provide that the annual pensions paid to widows of Confederate soldiers shall be $600.00 per annum, payable in monthly installments of $50.00 per month; to repeal all conflicting laws; 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, Section 78-216 of the Code of Georgia of 1933, relating to the amount of pensions and time of payment to Confederate soldiers and the widows of Confederate soldiers, as amended by the act of 1939 approved February 24, 1939 (Georgia Laws 1939, page 189), be, and the same is hereby amended by striking from said section the figures "$360.00" in the fifth line of said section, and inserting in yieu thereof the figures "$600.00," and by striking the figures "$30.00" in the sixth line of said section, and inserting in lieu thereof the figures "$50.00," so that said section, when so amended, shall read as follows, to wit:
78-216. Amount of pensions and time of payment.-The annual pensions paid to Confederate soldiers shall be $600.00 per annum each, and this amount shall be paid in monthly installments of $50.00 a month on the first day of each month. The annual pensions paid to widows of Confederate soldiers shall be $600.00 per annum each, and this amount shall be paid monthly in installments of $50.00 a month, on the first day of each month. The several members eligible for this pension but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given $5.00 per month for incidental expenses.
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed.
Senator Harrell of the 7th moves to amend substitute to HB 601 as follows:
By adding at the end of Section 1 the following: Any widow of a Confederate soldier may be admitted to the Confederate Soldiers' Home, provided that upon admission she shall not be entitled to any pension.
The amendment was adopted.
Senator Gross of the 31st moves to amend Senate substitute to HB 601 by adding a new section to be appropriately numbered and to read as follows:
"A daughter of a Confederate veteran who is seventy years or older, who has never married and whose father was receiving a Confederate pension from the State of Georgia at the time of his death shall be entitled to a pension in the same manner as if said daughter were a widow of a Confederate veteran."
Further amend by changing the caption of the bill to conform to the amendment above.
The amendment was adopted.
The substitute was adopted as amended.

THURSDAY, JANUARY 24, 1946

267

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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The president recognized in the gallery the Sixth Grade of Kingsbury School with their teacher, Miss Edna Callaway.
Senator Harrell of the 12th moved that the Senate do now adjourn until 9:30 tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 9:30 tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,
Friday, January 25, 1946.
The Senate met pursuant to adjournment at 9:30 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. First reading and reference of bills and resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Consideration of local uncontested bills and resolutions.
5. Consideration of general bills and resolutions.
The consent was granted.
Senator Deal of the 49th asked unanimous consent that the Senate reconsider its action in passing SR 38.
Senator Harrell of the 7th objected, and the objection was sustained. Senator Edwards of the 28th moved the ayes and nays, and the motion prevailed. On the motion to reconsider, the ayes were 9, nays 18, and the motion was lost.

The president presented to the Senate Senator and Mrs. Carroll of Wisconsin.

The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
1\-Ir. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:

HB 806. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond County to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.

FRIDAY, JANUARY 25, 1946

269

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 hills and resolutions of the House to wit:
HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Section 87-301 of the Code of Georgia of 1933 so as to provide when counties, municipalities or political divisions desiring to incur a bonded indebtedness under the provisions of the Constitution shall give, after an election, notice to the solicitor general or attorney general of the result of said election; and for other purposes.

HB 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions for the conversion of personal property, trover and bail trover, where the amount involved or the value of the property does not exceed $200.00; to repeal all conflicting laws; and for other purposes.
HB 802. By Messrs. Hardy of Hall, Looper of Dawson, Holbrook of Forsyth, and others:
A bill to be entitled an act to provide for purchase and use of sulfa-quanadine and sulfa-thiozol in the treatment of poultry in this state by recognized poultry owners and dealers in poultry supplies; and for other purposes.

HR 183. By Messrs. Williams and Hinson of Ware: A resolution memorializing Lieutenant Vereen Bell, the author of "Swamp Water," by designating a certain highway as "Vereen Bell Highway."
Mr. Moate of the 20th district, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. P'resident: 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 668. Do Pass as Amended
HB 806. Do Pass HB 804. Do Pass HB 782. Do Pass HB 647. Do Pass

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JOURNAL OF THE SENATE,

HB 777. Do Pass HB 666. Do Pass HB 797. Do Pass HB 803. Do Not Pass
Respectfully submitted, Moate of 20th district, Chairman.

Mr. Freeman of the 22nd district, chairman of the Committee on State of Republic, submitted the following report:
Mr. P'resident:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 732. Do Pass 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. P'resident:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 648. Do Pass
Respectfully submitted,
Causey of 46th district,
Chairman.
Mr. Peebles of the 18th district, chairman of the Committee on Temperance, submitted the following report:
l\Ir. P'resident:
Your Committee on Temperance have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

FRIDAY, JANUARY 25, 1946

271

HB 524. Do Not Pass Respectfully submitted, Peebles of 18th district, Chairman.

Mr. Moate of the 20th district, chairman of the Committee on Counties and County Matters, submitted t.he 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 750. Do Pass
Respectfully submitted,
Moate of 20th district,
Chairman.

Mr. Millican of the 52nd district, chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 719. Do Pass

Respectfully submitted, Millican of 52nd 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 786. Do Pass
HB 792. Do Pass

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JOURNAL OF THE SENATE,

HB 801. 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
resolutions of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
HR 157. Do Pass
HR 81. Do Pass Respectfully submitted,
Baggett of 51st 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 bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HR 151. Do Pass as Amended
Respectfully submitted,
Moore of 38th 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 resolutions of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
HR 66. Do Pass
HR 175. Do Pass

FRIDAY, JANUARY 25, 1946

273

HR 168. Do Pass HR 167. Do Pass HB 794. Do 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 bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 723. Do Pass

Respectfully submitted,

Moate of 20th district,

Chairman.

Mr. Johnson 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 resolution of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HR 184. Do Pass

Respectfully submitted, Johnson of 24th 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 resolutions of the Senate and have instructed me as chairman, to report the same ready for transmission to the House:

274
SR 27 SR 58 SR 66 SR 65 SR 70 SR 20 SR 63 SB 248 SB 239 SB 219 SB 246 SB 253 SB 254 SB 255 SB 256 SB 257 SB 259 SB 263 SB 247 SB 235 SB 266 SB 222 SB 276 SB 282 SB 252 SB 270 SB 280 SB 283 SB 260 SB 279

JOURNAL OF THE SENATE,

FRIDAY, JANUARY 25, 1946

275

SB 251 SB 268 SB 261 SB 250 SB 258 SB 269 SB 249 SB 244 SB 224 SB 241 SB 271 SB 267 SB 272 SB 262 SB 234 SB 284 SB 281 SB 273 SB 285 SB 274 SB 243 SB 289 SB 238

#
Respectfully submitted, Nix of 32nd district, Chairman.

Mr. Drinkard of the 29th district, chairman of the Committee on Enrolling, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Enrolling have read and examined the following bills and resolution of the Senate and have instructed me as chairman, to report ready for transmission to the governor:

SR 70 SB 239

SB 269 SB 248

SB 39

SB 268

SB 261

SB 263

SB 266 SB 262

Respectfully submitted,

Drinkard of 29th district,

The following bills and resolution of the House were read the first time and referred to the committees:
HB 793. By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether, and Greer of Lanier:
A bill to be entitled an act to amend Chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity with the provision of the new Constitution; and fo; other purposes.
Referred to Committee on State of Republic.

H B 784. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the clerk of the superior court and his deputies and the sheriff of Laurens county and his deputies on a salary instead of a fee basis; and for other purposes.
Referred to Committee on Counties and County Matters.

HB fi63. By Messrs. Alexander of Chatham and Gowen of Glynn:

FRIDAY, JANUARY 25, 1946

277

A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property in this state; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed $200.00; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 802. By Messrs. Hardy and Lancaster of Hall, Looper of Dawson, Holbrook of Forsyth, Hefner of Pickens, and Sparks of Towns:
A bill to be entitled an act to provide for the purchase and use of sulfaquanadine and sulfa-thiozol by poultry flock owners and dealers in poultry supplies; and for other purposes.
Referred to Committee on Agriculture.

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of the state; and for other purposes.
Referred to Committee on State of Republic.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporation limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; and for other purposes:
Referred to Committee on State of Republic.

HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 57-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast; and for other purposes.
Referred to Committee on State of Republic.

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JOURNAL OF THE SENATE,

HR 183. By Messrs. Williams and Hinson of Ware:
A resolution to name a highway leading to a park in the Okefenokee Swamp the "Vereen Bell Highway" in honor of the memory of the author of "Swamp Water"; and for other purposes.
Referred to Committee on Highways and Public Roads.

The following resolution was read and adopted:
By Senator Millican of the 52nd:
BE IT RESOLVED, That, whereas, on Tuesday, January 22nd, Mr. Herman Dickert, director of the Textile Department of the Georgia School of Technology, presented to each member of the Senaate a pair of socks made from Georgia products by the students of the Georgia School of Technology in their Textile Experiment Department, and
WHEREAS, the said socks are not only useful but timely, due to the laundry situation in the capital city of Georgia, now, therefore,
BE IT RESOLVED, That the thanks of the Senate be extended to the said Mr. Herman Dickert and to the students who made these beautiful, serviceable and very much appreciated articles, and that a copy of this resolution be sent to the Honorable Herman Dickert in evidence of our appreciation.

The following bills and resolutions of the House, favorably reported by the committees, were read the second time:
HB 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of City Council; and for other purposes.

HR 81. By Messrs. Dorsey and Brumby of Cobb:
A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmers Market; and for other purposes.

HB 786. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of East Point to provide a pension system for city employees; and for other purposes.

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the tax receiver of Clinch shall be paid a commission on all taxes collected by the tax collector for the County Board of Education; and for other purposes.

FRIDAY, JANUARY 25, 1946

279

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union, and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mine, Mining and Geology and the Department of State Parks, Historic Sites and Monuments; and for other purposes.
HB 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine so as to provide for zoning regulations and building codes; and for other purposes.
HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of De-
Kalb, Livingston of Polk, and Wilson of Bibb: A bill to be entitled an act to authorize counties and municipalities to construct, conduct, and supervise recreation systems and to provide for recreation systems and to provide for recreation boards or commissions; and for other purposes.
HR 66. By Mr. McCracken of Jefferson:
A resolution directing payment of balance due Riches Piver Company for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.
HR 168. By Messrs. Alexander, Connerat and McNall of Chatham, Gowen and Gilbert of Glynn, Claxton of Camden, Hinson of Ware, Fortson of Wilkes, Smith of Bryan, Harris of Richmond, Hart of Thomas, DeFoor of McIntosh, Witherington of Wilcox, Beddingfield of Dooly, Herndon of Hart, Medders of Bacon, Black of Webster, and others:
A resolution authorizing the governor to appoint a Charles H. Herty Memorial Association to erect a monument on the capitol grounds; and for other purposes.
HR 167. By Messrs. Harris of Richmond, and Culpepper of Fayette:
A resolution to provide a maintenance allowance for the state auditor in lieu of actual hotel subsistence; and for other purposes.
HR 175. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simon Island and Sea Island to be Goulds Inlet; and for other purposes.
HR 184. By Mr. Pittman of Tift:
A resolution to appropriate $3,000 to be paid to Mrs. J. H. Glover for the death of her husband caused by a State Highway truck colliding with his car; and for other purposes.

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JOURNAL OF THE SENATE,

HB 723. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for voting machines in Fulton county; and for other purposes.

HB 648. By Messrs. Key of Jasper, Connell of Lowndes, and others:
A bill to be entitled an act to provide a retirement fund for judges of the superior court; and for other purposes.

The following local bills of the House were read the third time and put upon their passage:
HB 716. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paving 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Laws 1907, pp. 413-414) and approved August 15, 1913 (Ga. Laws, 1913, pp. 604-611) ; and for other purposes.
The report 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 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to authorize the City Council to fix the salary of the Commissioner of Public Safety at not less than 5,000 dollars per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 25, 1946

281

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax increase for ordinary expenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 739. By Mr. Lovett of Laurens:

A bill to be entitled an act to fix the salaries of the judge and solicitor of

the City of Dublin; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.
The report 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 488. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce to cover 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.

HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the pay of the secretary of coroners
juries in Bibb county to $5 for each inquest; and for other purposes.
The report 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 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.
Senator Grayson of the 1st moved to amend HB 766 by adding after the figures "1940" and before the word "to" in the fourth line of the caption the following: "Or any future census," and by further amending said bill by adding after the figures "6,500" in the fourth line of Section 1 the following: "Having a population according to the United States Census of 1940 and any future census."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill as amended, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 738. By Messrs. Lovett of Laurens, Chance of Twiggs, Malone of Laurens, and Rowland of Johnson:
A bill to be entitled an act to fix the salary for the solicitor general of the Dublin Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, JANUARY 25, 1946

283

On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following bills and resolutions were read the third time and put upon their passage:
HB 352. By Mr. Phillips of Columbia and others:
A bill to be entitled an act to provide for the conversion of fraternal benefits societies into stock life msurance or mutual life insurance companies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 134. By Mr. Key of Jasper and others:
A bill to be entitled an act 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.
The report 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 277. By Senators Baggett of the 51st and Minchew of the 5th:
A bill to be entitled an act to require all counties and municipalities with a population of over 1,000 to have an annual audit by a registered accountant; and for other purposes.
Committee on Municipal Government moves to amend SB 277 by striking the words "registered accountant" and substituting in lieu thereof the words "certified or registered public accountant."

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JOURNAL OF THE SENATE,

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 1.
The bill, having received the requisite constitutional majority, was passed as amended.

The president prese.nted to the Senate Mrs. Harrell, wife of Senator Harrell of the 7th, and Mrs. Turner, wife of Senator Turner of the 35th.
Senator Harrell of the 12th asked consent for a leave of absence on the 26th and 28th due to sickness.
The consent was granted.

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled Department of Forestry-Expenditures of Federal Funds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 216. By Mr. Key of Jasper:
A bill to be entitled an act to amend the Workmen's Compensation Act to include the disease known as silicosis within the terms of injury; and for other purposes.
The report 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 714. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to create the FDR Warm Springs Memorial Commission and provide for membership and terms of 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 27, nays 0.

FRIDAY, JANUARY 25, 1946

285

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

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to appropriate annually to the FDR Warm Springs Memorial Commission; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Caldwell Causey Cloud Cook Deal Drake Edwards

Freeman Gould Harrell of 12th
Haw~s
Hill Hodges Holsenbeck Johnson Mavity Millican Minchew

Nix Norton Peebles Rainey Riley Sabados Slaughter Welsch Wellborn

Not voting were: Senators Bennett of the 17th, Bentley of the 25th, Chastain of the 41st, Daves of the 14th, Drinkard of the 29th, Gillis of the 16th, Grayson of the 1st, Harrell of the 7th, McGinty of the 43rd, Moate of the 20th, Moore of the 38th, Shedd of the 3rd, Stone of the 15th, Turner of the 34th, Turner of the 35th, Walker of the 45th, Wall of the 9th, and Yawn of the 48th.

By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 704. By Mr. Weaver of Bibb: A bill to be entitled an act to amend the general tax act to define government war bonds issued after December 7, 1941; and for other purposes.
The report 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.

286

JOURNAL OF THE SENATE,

The president presented to the Senate a former member of the House, Homer Edenfield.
The president introduced Mr. D. G. Bland, Mrs. Louise Wilde and Mrs. Olive Wofford, of Lumpkin, Georgia.

Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted to the Committee on Finance:
1 HB 779. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 32-1401, 32-1402 and 32-1403 to authorize counties constituting a school district or exclusive of independent school systems to issue bonds for school purposes; and for other purposes.
The consent was granted.

HB 728. By Mr. Durden of Dougherty: A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 654. By Messrs. Hinson of Ware, and Evitt of Catoosa:
A bill to be entitled an act to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes.
The Committee on State of Republic moved to amend HB 654 by adding at the end of Section 2 the following:
"the provisions of this section, granting an increase in salary of $25.00 per month, shall also apply to the members of the Georgia Bureau of Investigation."
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 1.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, JANUARY 25, 1946

287

HB 651. By Mr. Campbell of Newton:
A bill to be entitled" an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Baggett Branch Caldwell Causey Chastain Cloud Coole Daves Deal Drake Drinkard Edenfield Edwards

Freeman Gould Greene Harrell of 12th Harrell of 7th Hawes Hill Hodges Holsenbeclc Mavity McGinty Millican Minchew

Moore Norton Peebles Rainey Sabados Slaughter Stone Turner of 34th Turner of 35th Walker Wall Welsch Wellborn

Not voting were: Senators Battle of the 13th, Bennett of the 17th, Bentley of the 25th, Brown of the 6th, Gillis of the 16th, Grayson of the 1st, Johnson of the 24th, Moate of the 20th, Nix of the 32nd, Riley of the 23rd, Shedd of the 3rd, and Yawn of the 48th.

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

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

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

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropnat10n act to pay refunds under the farmers gasoline tax refund act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows:

288

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Baggett Bentley Branch Caldwell Causey Chastain Cloud Cook Daves Deal Drake Edenfield

Edwards Freeman Gould Harrell of 12th Harrell of 7th Hawes Hodges Holsenbeck McGinty Millican Minche'w Moate

Moore Nix Norton Peebles Rainey Riley Slaughter Stone Turner of 34th Turner of 35th Walker Welsch

Not voting were: Senators Battle of the 13th, Bennett of the 17th, Brown of the 6th, Drinkard of the 29th, Gillis of the 16th, Grayson of the 1st, Greene of the 21st, Hill of the 36th, Johnson of the 24th, Mavity of the 44th, Sabados of the lOth, Shedd of the 3rd, 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, the ayes were 36, nays 0.

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

HB 718. By Mr. Gowen of Glynn:

A bill to be entitled an act to amend the general appropriation act to provide toe per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Brown Causey Cloud Cook Daves Deal Drake Drinkard Edwards Freeman

Gould Greene Harrell of 12th Harrell of 7th Hawes Hill Holsenbeck Mavity McGinty Millican Minchew Nix Norton

Peebles Rainey Riley Sabados Slaughter Stone Turner of 34th Turner of 35th Walker Welsch Wellborn

FRIDAY, JANUARY 25, 1946

289

Not voting were: Senators Bennett of the 17th, Bentley of the 25th, Caldwell of the 37th, Chastain of the 41st, Edenfield of the 2nd, Gillis of the 16th, Grayson of the 1st, Hodges of the 26th, Johnson of the 24th, Moate of the 20th, Moore of the 38th, Shedd of the 3rd, Wall of the 9th, adn Yawn of the 48th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having reveived the requisite constitutional majority, was passed.

HR 151. By Messrs. Gowen and Gilbert of Glynn: A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Inc., to be used for a home for underprivileged boys; and for other purposes.
The Committee of the Senate on Public Property amends HR 151 by adding the word "charitable" immediately before the word "home" wherever the word "home" appears in the "therefore" clause of said resolution.
The amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Millican of the 52nd moved that the Senate recess until 2 :00 p. m. a.nd the motion prevailed.
The president announced the Senate recess until 2:00 o'clock.
The Senate reconvened at 2:00 p. m. and resumed the regular order of business.
The following bill of the House was read the first time and referred to the committee:

HB 806. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond county to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.
Referred to Committee on Counties and County Matters.
The following bills of the House, favorably reported, were read the second time:

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court or Fulton county by providing a uniform cost bill; and for other purposes.

290

JOURNAL OF THE SENATE,

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide the method of distributing fines and forfeitures in Dodge county courts to the officers of the court; and for other purposes.

HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to provide that Commissioners of Hall county may levy a tax of six-tenths of one percentum for paying salaries for working and repairing public roads; and for other purposes.

HB 647. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.

HB 777. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to provide that the County Commissioners of Fulton county shall fix the salaries of the clerk of superior court, sheriff, ordinary, tax collector and tax receiver; and for other purposes.
HB 666. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000 per year; and for other purposes.

HB 797. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for parental schools in Fulton county to be operated 24 hours a day for sending delinquent or mentally defected children; and for other purposes.

The following resolution was read and adopted:
SR 71. By Senator Gross of the 31st:
BE IT RESOLVED by the Senate, the House concurring, that the Gen-
eral Assembly do adjourn sine die at 5 p. m. Monday, January 28th, 1946.
The following bills and resolutions of the Senate and House were read the third time and put upon their passage:

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel, and Looper of Dawson:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operation of hospitals; and for other purposes.

FRIDAY, JANUARY 25, 1946

291

Senator Deal of the 49th offered the following amendment:
Amend HB 732, Section I, page 2, by striking the words "on-e or more beds" and inserting in lieu thereof the words "more than one bed."
The amendment was adopted.
Committee on State of Republic moves to amend HB 732, Section 1, by striking the last word on line 15 and all of lines 16 and 17, reading as follows:
''.............................................................................., provided, nevertheless, the rules, regulations and classifications herein provided for shall not become effective until the assent and approval of said Hospital Advisory Committee is first had and obtained.''
Committee further moves to amend Section 2 by striking the first paragraph in its entirety, consisting of the first fifteen lines, and inserting in lieu thereof the following:
There shall be established a hospital advisory committee to advise with the State Board of Health on the policies and rules and regulations necessary for carrying out the purposes of this act. The membership of this committee shall consist of three hospital administrators or persons with broad experience in hospital adminis-" tration approved by the Georgia Hospital Association, five members appointed by the Medical Association of Georgia, one member appointed by the Georgia Nursing Association, one member appointed by the Georgia Dental Association, five lay members with broad civic interests representing the various segments of the population, appointed by the governor, the director of the State Department of Public Health, the director of Public Welfare, the attorney general, and the state auditor. If any one of the above associations fails or ceases to function, then the governor shall appoint representatives from these groups. When the first appointments are made, the Georgia Hospital Association shall appoint one member for a term of one year, one member for a term of two years, and one member for a term of three years. The Medical Association of Georgia or its board of councilors shall appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years. The member appointed by the Georgia Dental Association and the member appointed by the Georgia Nursing Association shall be appointed for a term of three years. The governor shall appoint one lay member for a term of one year, two for a term of two years, and two for a term of three years. After the expiration of the first appointments, all terms shall be for three years. The director of the State Department of Health, the director of Public Welfare, the attorney general and the state auditor terms shall expire with their terms of office, and their successors in office shall succeed them as members of said committee. Vacancies in the membership of said committee shall be filled in the same manner as the original appointments. The director of the State Department of Public Health shall act as chairman of the advisory committee.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

292

JOURNAL OF THE SENATE,

Senator Daves of the 14th asked unanimous consent that he be recorded as voting aye on the ~ill and retire.
The consent was granted.

Senator Wall of the 9th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted. Senator Wellborn of the 40th asked unanimous consent that he be recorded as voting aye on the bill and retire. The consent was granted. Senator Harrell of the 7th asked unanimous consent that he be recorded as voting aye on the bill and retire. The consent was granted.
Senator Minchew of the 5th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Brown of the 6th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Stone of the 15th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Baggett of the 51st asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Greene of the 21st asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Gould of the 4th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Battle of the 13th asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.

FRIDAY, JANUARY 25, 1946

293

Senator Chastain of the 41st asked unanimous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
Senator Walker of the 45th asked unammous consent that he be recorded as voting aye on the bill and retire.
The consent was granted.
On the passage of the bill, the ayes were 35, nays l.
The bill, having received the requisite constitutional majority, was passed as amended.

H B 552. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend Code Section 74-9902 to provide for the commission of the offense of abandonment by a mother, and for the competency of witnesses; and for other purposes.
The report 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 l. The bill, having received the requisite constitutional majority, was passed.

HR 89. By Mr. Kenimer of Harris:

A resolution to appropriate $5,000.00 to compensate Mr. and Mrs. J. W. McDonald for permanent injuries received by their infant son when struck by a truck owned by the State Highway Department; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Battle Brown Causey Cloud Cook Daves Deal Drake Drinkard Edenfield Edwards

Freeman Gillis Gould Greene Harrell of 12th Harrell of 7th Holsenbeck Mavity McGinty Millican Minchew Moore

Nix Norton Peebles Riley Sabados Slaughter Stone Walker Welsch Wellborn

294

JOURNAL OF THE SENATE,

Not voting were: Senators Bennett of the 17th, Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Chastain of the 41st, Grayson of the 1st, Hawes of the 30th, Hill of the 36th, Hodges of the 26th, Johnson of the 24th, Moate of the 20th, Rainey of the 11th, Shedd of the 3rd, Turner of the 34th, Turner of the 35th, Wall of the 9th, and Yawn of the 48th.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 157. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau to pay H. E. Terrell, Jr., $4,404.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School ; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Battle Bennett Brown Causey Chastain Cloud Cook Daves Deal Drake Drinkard Edwards

Freeman Gillis Gould Greene Harrell of 12th Harrell of 7th Hawes Hill Holsenbeck Mavity McGinty Millican Minchew

Moate Moore Nix Norton Peebles Riley Slaughter Tnrner of 35th Walker Wall Welsch Wellborn

Not voting were: Senators Bentley of the 25th, Branch of the 47th, Caldwell of the 37th, Edenfield of the 2nd, Grayson of the 1st, Hodges of the 26th, Johnson of the 24th, Rainey of the 11th, Sabados of the lOth, Shedd of the 3rd, Stone of the 15th, 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 resolution, the ayes were 38, nays 0.

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

FRIDAY, JANUARY 25, 1946

295

HR 147. By Messrs. Gowen of Glynn, and Harris of Richmond:
A resolution proposing to amend the Constitution of 1877 as amended by adding to Article V thereof a new section to be known as Section 7, providing for a constitutional State Highway Board; and for other purposes.
Be it resolved by the General Assembly of Georgia as follows, to wit:
Section I. That the Constitution of 1877 as amended be and the same is hereby amended by adding to Article V thereof a new section to be known as Section 7 and to read as follows:
Section 7. There shall be a State Highway Board, and the management and control of the State Highway Department shall be vested in said board. Said board shall be charged with the construction, maintenance and repair of the State Highway System as directed and provided by law, and the expenditure of funds appropriated by the General Assembly as directed and provided by law, and with such other duties as may be provided by law. There shall be one member from each Congressional district to be elected by the General Assembly upon nomination by a majority of the senators and members of the House of Representatives residing in the respective Congressional districts. Of those first elected under the provision, four shall be for a term of two years, three for a term of four years, and three for a term of six years. The terms of those first elected shall be decided by lot at the first meeting of the board after their election. Their successors shall be elected for a term of six years. In case future rearrangement of the counties comprising the Congressional districts should leave two members of said board residing in the same Congressional district, the General Assembly shall provide a method by which the office and term of one of said members shall be termined so that each Congressional district shall have one and only one member of said board. In case of vacancy in the membership of said board occurring when the General Assembly is not in session, the governor shall appoint someone to serve from the Congressional district in which the vacancy occurs until the General Assembly meets. Then the General Assembly shall elect a member to fill the balance of the unexpired term. The General Assembly shall have authority to fix the compensation of the members of said board, and to provide for the organization and method and manner of operation of said board.
Section II. Be it further resolved that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereof and shall be published and submitted to the people for ratification or rejection as an amendment to the Constitution at the next general election to be held in November, 1946, as provided by law. 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 providing a Constitutional Highway Board." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment providing a Constitutional Highway Board." If a majority of those voting vote for the amendment, when the res~lts are certified to the governor he shall proclaim the amendment as a part of the Constitution of 1877 as amended.

296

JOURNAL OF THE SENATE,

Senator Hawes of the 30th moved to amend HR 147 by adding a new paragraph in the proposed Section 7, which shall read as follows:

Paragraph II. "No monies derived from fees, excises, or license taxes relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles, except one percent of said tax which shall go and be used for the common schools of Georgia, shall be expended for other than cost of administering such laws, statutory refunds and adjustments allowed therein, payment of highway obligations, costs for construction, reconstruction, maintenance and repair of public highways and bridges, and expense of enforcing traffic laws." Also to amend the caption accordingly.

Ori the adoption of the amendment, Senator Harrell of the 7th moved the ayes and nays.

On the adoption of the amendment, the ayes were 19, nays 10, and the amendment was lost.

Senator Harrell of the 7th moved the previous question. The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Battle Bentley Branch Causey Daves Deal Drinkard

Edenfield Edwards Gillis Gould Greene Hawes Holsenbeck Johnson

McGinty Rainey Riley Sabados Slaughter Turner of 34th Wall Wellborn

Those voting in the negative were Senators:

Brown Chastain Drake Harrell of 7th

Millican Minchew Moate Nix

Peebles Stone Turner of 35th Walker

Not voting were Senators: Bennett of the 17th, Caldwell of the 37th, Cloud of the 19th, Cook of the 42nd, Freeman of the 22nd, Grayson of the 1st, Harrell of the 12th, Hill of the 36th, Hodges of the 26th, Mavity of the 44th, Moore of the 38th, Norton of the 33rd, Shedd of the 3rd, Welsch of the 39th, 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 24, nays 12.

FRIDAY, JANUARY 25, 1946

297

The resolution, having failed to received the requisite two-thirds constitutional majority was lost.
Senator Turner of the 34th moved that at the proper time he would ask the Senate to reconsider its action in failing to pass HR 147.
The motion prevailed.

HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:

A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.

Senator Harrell of the 7th moved the further consideration of the resolution be postponed until tomorrow.

No quorum voted on the postponment of the resolution for further consideration and a roll call was ordered.

The vote was as follows:

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Chastain Cloud Daves Drake Drinkard Edenfield Edwards Freeman

Gillis Gould Greene Harrell of 7th Hawes Hill Holsenbeck Johnson Mavity McGinty Millican Minchew

Nix Rainey Sabados Slaughter Stone Turner of 34th Walker Wall Welsch Wellborn

Those voting in the negative were Senators:

Causey

Deal

Turner of 35th

Not voting were: Senators Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Cook of the 42nd, Grayson of the 1st, Harrell of the 12th, Hodges of the 26th, Moate of the 29th, Moore of the 38th, Norton of the 33rd, Peebles of the 18th, Riley of the 23rd, Shedd of the 3rd, and Yawn of the 48th.

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

On the motion to postpone, the ayes were 34, nays 3, and the motion prevailed.

Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed.

The president an.nounced the Senate adjourned until 10 o'clock tomorrow morning.

298

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Saturday, January 26, 1946.
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. T. J. Spear, 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 th~ 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 resolutions.
2. Reports of standing committees.
3. Second reading of bills and resolutions favorably reported.
4. Consideration of local uncontested bills.
5. Consideration of general bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
SR 72. By Senator Millican of the 52nd: A resolution to provide for a committee of two from the Senate and three from the House, appointed by the presiding officers, to investigate and make recommendations on the need for and advisability of creating a retirement system for state employees as provided for under Article XIV, Section 1, Paragraph II, of the Constitution of Georgia.
Whereas, Article XIV, Section 1, Paragraph I, provides that a State Personnel Board shall administer a State Merit System under which state personnel shall be selected ; and
Whereas, personnel employed under these conditions may reasonably expect their employment to be permanent; and
Whereas, most industries and business concerns employing a large number of persons, and many state governments, have a retirement ~ystem; and
Whereas, Article XIV, Section 1, Paragraph II, provides that the General Assembly is authorized to establish an actuarially sound retirement system for empl~yees under a Merit System;

SATURDAY, JANUARY 26, 1946

299

Now, therefore, be it resolved by the Senate of the State of Georgia, the House concurring, that a committee of five members, two from the Senate and three from the House, to be appointed by the presiding officers of the respective branches of the General Assembly, be named to investigate the needs for and advisability of enacting a law creating a retirement system for state employees under a Merit System and make recommendations to the next session of the General Assembly.

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 resolutions of the Senate and have instructed me as chairman, to report the same ready for transmission to the House:

SR 69 SR 71 SR 67 SR 75 SR 76 SR 72 SB 242 SB 295 SB 290 SB 278 SB 277 SB 293

Respectfully submitted,

Nix of 32nd 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

300

JOURNAL OF THE SENATE,

HB 484.. Do Pass

Respectfully submitted, Turner of 35th 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

H B 802. 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 Government have had under consideration the following bills of the House and have instructed me as chairman, to report the same hack to the Senate with the following recommendations:

HB 757. Do Pass

HB 359. Do Pass

Respectfully submitted, Turner of 34th district, 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 resolution of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HR 183. Do Pass

Respectfully submitted, Drake of 8th district, Chairman.

SATURDAY, JANUARY 26, 1946

301

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 644. Do Pass as Amended Respectfully submitted, Turner of 34th 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 follow-
ing bills of the House and have instructed me as chairman, to report the same baclr to the Senate with the following recommendations:
HB 780. Do Pass as Amended. HB 793. Do Pass HB 760. Do Pass
Respectfully submitted, Freeman of 22nd district, Chairman.

Mr. Johnson 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 779. Do Not Pass Respectfully submitted,
Johnson of 24th district, Chairman.

302

JOURNAL OF THE SENATE,

The following message was received from the House through l\1 r. 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 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise and amend the laws of Georgia in reference to the granting of divorce and alimony, the grounds thereof and the procedure incident to pleadings, verdicts and judgments therein, and to provide trials by the court and jury trials; 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 219. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Sode of 1933 relating to the shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 24-4301 relating to law assistants, their duties, salaries, etc.; and for other purposes.

SB 222. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Section 24-3508 of the Code of Georgia, 1933, relating to shorthand writers in the Court of Appeals; by designating another title; by fixing the salaries thereof; and for other purposes.

SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved February 14, 1935, entitled "An act to define the status of the Regents of the University System of Georgia and of the members of the Board of Regents of the University System of Georgia; to declare the state's title and ownership of property held by the Regents of the University System; to limit and restrict the powers of the Regents of the University System and the members of the Board of Regents; and for other purposes"; and to restore the status of the title to the property and the status and powers of Regents of the University System of Georgia and of the Board of Regents to the full extent as if said act had never been enacted; and for other purposes.
The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:

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303

Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House to wit:
HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.

H B 654. By Messrs. Hinson of Ware, Gowen of Glynn, and others:
A bill to be entitled an act to fix the pay of the members of the State Highway Patrol; and for other purposes.

HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the Governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for under~ privileged boys; 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 substitute by the requisite constitutional majority the

following bill of the Senate to wit:

SB 271. By Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st:

A bill to be entitled an act to promote the poultry industry in Georgia through programs of breeding improvement and control and eradication of pullorum disease, etc., through cooperation of State Department of Agriculture and Georgia Poultry Improvement Association, Inc.; and for other purposes.

The following message was received from the House through Mr_ P. T. 1\tlcCutchen, Jr., the clerk thereof:
lVIr. President:
The House has agreed to the Senate amendments to the following bills and resolution of the House to wit:
HB 580. By Messrs. Hatchett and Thompson of Meriwether, and others:
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 provisions of Acts 1937, pp. 882-885; to provide that the State Board of Education shall fix their salaries; and for other purposes.

304

JOURNAL OF THE SENATE,

HB 659. By ~Iessrs. Durden of Dougherty, Hand of Mitchell, and others:
A bill to be entitled an act to repeal Section 40-904 of the 1933 Code of Georgia pertaining to Assistant Treasury, salary, and appointment of clerks and to enact in lieu thereof a code section of the same number and covering same subject matter; and for other purposes.

HB 674. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Geogria, relating to the power of the city to furnish local service; and for other purposes.

HR 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.

HR 146. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution to authorize additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions, maintenance, arrd permanent improvements and welfare benefits; 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:

HH 722. By Mr. Hicks of Floyd:
An act to be entitled an act to increase the salary of the judge of the City Court of Rome; 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, as amended, to the following bill of the House to wit:
HH 621. By Messrs. Connell and Cowart of L?wndes, Herrin of Echols, and others:

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305

An act to be entitled an act to create the 53rd and 54th Senatorial Districts; to rearrange and group the counties composing the 1st, 2nd, 6th, 7th, 8th, 15th, 16th and 49th Senatorial Districts, to provide a system of rotation for the election of Senators for the 1st, 2nd, 6th, 7th, 8th, 15th, 16th, 49th, 53rd and 54th Senatorial Districts; to repeal all laws in conflict herewith; 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 disagreed to the Senate amendments to the following bill of the House to wit:
HB 601. By Mr. Culpepper of Fayette:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home to be in lieu of pensions; to provide that any widow not maintained at the home shall continue to receive her pension from the state; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said home for the additional uses, etc.; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Culpepper of Fayette, Harrison of Jenkins, and Guyton of Effingham.
The following bills and resolution of the House, favorably reported by the committees, were read the second time:
HB 359. By Mr. Hand of Mitchell, and others:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations and to provide for the acquisition of airports; and for other purposes.
HB 802. By Messrs. Hardy and Lancaster of Hall, Looper of Dawson, Holbrook
of Forsyth, Hefner of Pickens, and 81-'arks of Towns: A bill to be entitled an act to provide lvr the purchase and use of sulfaquanadine and sulfa-thiozol by poultry flock owners and dealers in poultry supplies; and for other purposes.
HR 183. By Messrs. Williams and Hinson of Ware:
A resolution to name a highway leading to a park in the Okefenokee Swamp the "Vereen Bell Highway" in honor of the memory of the author of "Swamp Water"; and for other .purposes.

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JOURNAL OF THE SENATE,

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed ; and for other purposes.

HB 806. By Messrs. Holley, Harris, and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond County to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.

HB 484. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend Code Section 13-2023 so as to remove the limitation as to the amount of Federal Farm Loan Bonds that may be subscribed for by any bank; and for other purposes.
The following local uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:
HB 647. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine so as to provide for zoning regulations and building code; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 786. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of East Point to provide a pension 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.

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307

On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 644. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta by repealing Sections 6 and 7 of the charter approved March 9, 1945; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 644 by adding the following sections thereto:
Section 2. Members of the police department shall be retired upon reaching the age of sixty-five (65) years. Thereafter such members shall not be protected by any provision of the civil service law relating to policemen.
This provision shall become effective December 31, 1947. Section 3. Section 16-101, Code, City of Atlanta, 1942, is amended to read a~ follows:
"The mayor and General Council shall have the power and authority to grant to Rich's, Inc., the right to erect an overhead passageway across Forsyth Street, between Alabama and Hunter Streets, upon such terms and conditions as they may fix, so long as the structure will not interfere with the present or future requirements for public purposes or public utility purposes."
Section 4. The mayor shall negotiate all contracts for concessions and leases of every kind in city buildings and on city property. The provision shall not apply on buildings and property under the jurisdiction of the Board of Education of said city.
Section 5. Section 8-324, Code, City of Atlanta, 1942, 1s amended to read as follows:
"The mayor and General Council, in their discretion, may insure the lives of all members of the Fire Department, and provide appropriations therefor. The member shall have the right to designate any person having an insurable interest in the member as the beneficiary under the policy. This provision shall in no way affect the pension laws for firemen, but shall be cumulative and additional thereto.
Section 6. That part of the charter codified as Section 19-405, Code, City of Atlanta, 1942, is amended by striking from the second sentence of said section the following words: "At the rate of seven percentum (7%) per annum," and substituting in lieu thereof the following words: "At such rate as may be fixed by the mayor and General Council," so that such sentence when amended shall read as follows. "Said ordinance may provide for payment of taxes monthly, quarterly or otherwise, as said mayor and Council may provide; and on failure to pay the taxes or installment on taxes, as fixed by said ordinance, the same shall bear interest at the rate fixed by the mayor and general council, to be charged on any installment not paid at the time ordained.

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JOURNAL OF THE SENATE,

Section 7. That part of the charter codified as Section 11-137, Code, City of Atlanta, 1942, is amended by adding the following provision at the end thereof:
"Except that the City of Atlanta may lease to the Georgia Power Company, for a period not exceeding 10 years, that tract of land located on the north side of Green Street, N.W., in the City of Atlanta, beginning 100 feet west of Northside Drive and extending westwardly along the north side of Green Street 150 feet, and extending northwardly an even width with the front a depth of 125 feet. The lease and rental shall be upon such terms and conditions as the mayor and General Council may determine."
Section 8. Section 17-103 of the 1945 Cumulative Supplement of the 1942 Code, City of Atlanta, be and the same is hereby amended by adding a new sentence at the end of said section as follows:
"The mayor and General Council shall have authority to sell, convey or lease to the Garden Memorial Foundation, Inc., a certain tract or parcel of land located in and forming a part of Piedmont Park. Such tract of land is particularly described in a contract entered into on the lOth day of January, 1946, between the City of Atlanta and the Garden Memorial Foundation, Inc.
Section 9. Section 10-109 of the 1945 Cumulative Supplement of the Code, City of Atlanta, 1942, is amended to read as follows:
"There is hereby created the position of Deputy Recorder in the Recorders' Court of the City of Atlanta. He shall serve as senior clerk of both divisions of the Recorders' Court and shall have power to act as recorder in the absence or disqualification of either of the recorders. In the absence of both recorders and the deputy recorder, the mayor shall designate some competent person to preside in either or both divisions. Said deputy recorder shall be appointed by the mayor and shall serve for a term of four (4) years. The first term shall begin on March 1, 1946. His compensation shall be three hundred ($300.00) dollars per month, with the authority of the mayor and General Council to either reduce or increase said salary. The deputy recorder herein provided for shall be a licensed attorney-at-law, admitted to practice in the superior courts of this state."
Section 10. Section 6-114, Code, City of Atlanta, 1942, is amended to read as follows:
"The mayor and general council shall not have any authority to increase the basic salaries or automobile allowances of any officer or employee of the City of Atlanta during any calendar year except during the month of January: Provided, however, that this shall not prevent the fixing of any salaries for new officers or positions created, or prevent the mayor and General Council from reducing salaries because of economic conditions, or from abolishing position. This section shall constitute the only restriction upon the power and authority of the mayor and General Council in the matter of fixing salaries except where salaries are specifically fixed by the terms of this charter as amended.
Section 11. Base salaries are fixed as follows:

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309

Mayor ------------------------------------------------------------------------------------$10,000.00 per year City Attorney ------------------------------------------------------------------------ 7,000.00 per year Comptroller -------------------------------------------------------------------------- 7,000.00 per year Chief of Police________________________________________________________________________ 6,000.00 per year Chief of Fire Department---------------------------------------------------- 6,000.00 per year Building Inspector ------------------------------------------------------------------ 4,500.00 per year
These salaries shall be effective on and after February 1, 1946, and shall be payable in monthly or bimonthly installments as may be fixed by the mayor and General Council.
Section 12. In order to more effectively enforce traffic ordinances, the mayor and General Council are hereby authorized in their discretion to provide that vehicles parked in violation of the ordinances of the city may be towed in off the streets, and he~d by the city subject to a reasonable charge for towing and storage to be fixed by the mayor and General Council. The mayor and General Council are further specifically authorized to impose penalties upon the owners of such vehicles for permitting parking in violation of applicable ordinances. This provision shall become effective on and after July 1, 1946.
Section 13. Vacancies in any official position created by the charter, except that of mayor, department of schools and members of the General Council, shall be filled by the mayor subject to confirmation by the General Council. This provision shall apply in case of a vacancy in office by resignation, death, or otherwise, and shall be only for the balance of the term so vacated.
Section 14. All laws and parts of laws in conflict herewith are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Harrell of the 7th moved that the Senate insist on its substitute as amended to the following bill of the House and asked that a committee of conference be appointed:
HB 601. By Mr. Culpepper of Fayette:
A bill bill to provide for the admission and the 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.
The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators Harrell of the 7th, Freeman of the 22nd, and Rainey of the 11th.

310

JOURNAL OF THE SENATE,

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the Tax Receiver of Clinch county shall be paid a commission on all taxes collected by the Tax Collector for the County Board of Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
HB 668, amend Section 1 of said bill by adding at the end of said section the following:
"Amend Section 13 of said acts of 1913, page 145, as amended by Section 2 of the acts of 1935, page 500, by further amending said section as amended, as follows: 'That in the event of a vacancy arising in the office of chief judge or associate judges of the Civil Court of Fulton county by death, resignation, or otherwise, the governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office.' "
Amend Section 16 of the said act of 1913 as amended by Section 7 of the said act of 1935 by striking the whole of said section as amended and enacting a new Section 16 in lieu thereof to be known as No. 16 and to read as follows:
"Section 16. The annual salary of the chief judge and the associate judges of the Civil Court of Fulton county shall be $8,500.00 and shall be paid in equal monthly installments, upon warrants approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton county and drawn upon the County Treasurer of Fulton county, provided that no judge or other official of said court shall receive to his own use any fees or prerequisites of office.''

SATURDAY, JANUARY 26, 1946

311

Amend the caption of said House bill so as to include the matters contained in this amendment.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills and resolutions with local application were read the third tiJlle and put upon their passage:
HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to provide that the Commissioner of Hall county may levy a tax of six-tenths of one percentum for paying salaries for working and repairing public roads; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 723. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for voting machines in 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 666. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the Ordinary of Fulton county at $9,000 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

312

JOURNAL OF THE SENATE,

HB 797. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for parental schools in Fulton county to be operated 24 hours a day for sending delinquent or mentally defected children; and for other purposes.
The report 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 777. By Mrs. Mankin and Messrs. Kendrick and Etherdige of Fulton: A bill to be entitled an act to provide that the County Commissi~ners of Fulton county shall fix the salaries of the clerk of superior court, sheriff, ordinary, tax collector and Tax Receiver; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 175. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simon Island and Sea Island to be Goulds Inlet; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following privilege resolutions were read and adopted:
A RESOLUTION
By Senator Millican of the 52nd:
WHEREAS, an omniscient Providence, in the exercise of His omnipotent power, in dealing with the affairs of men, has removed from this body since our last session the distinguished Senator from the 24th district, the Honorable H. Dixon Smith, of the County of Muscogee; and
WHEREAS, Senator Smith had for a long number of years served' in the State Senate, representing the 24th Senatorial district during the years of 1935-36, 1939-40, 1941-42, and 1945, and represented his county in the House of Representatives in the years of 1937-38 and 1943-44; and

SATURDAY,JANUARY 26, 1946

313

WHEREAS, during his entire service in both branches of the General Assembly he was one of its outstanding leaders, a tireless worker for the principles of good government; and
WHEREAS, his passing is deeply and greatly deplored by the members of this body, who recall his kindly and gracious manners, his untiring service rendered to his state; and
WHEREAS, it is the desire of this body to pay tribute to the memory of our good friend, H. Dixon Smith, to make proper recognition of the service he rendered, and to take appropriate action expressing to the family and friends of Senator Smith our condolence and sympathy.
THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF GEORGIA, in session regularly assembled, that we deplore the passing of our beloved member, and extend to his family and friends the sympathy and condolence of this body, and that a copy of this resolution be spread upon the journal of the Senate, a copy furnished to the press, and a copy be sent to the family of Senator
H. Dixon Smith.

A RESOLUTION
By Senator Millican of the 52nd:
WHEREAS, Almighty God in His infinite wisdom has seen fit to remove from this body since we last assembled the Senate, from the 13th district, the Honorable C. L. Battle of the County of Schley; and
WHEREAS, Senator Battle was beloved by all who knew him, an outstanding leader among his people; and
WHEREAS, illness had prevented him from being in regular attendance with the other members of this body during the regular session we held in 1945, he was present and in his rightful seat during our deliberations in the extra session and served his people and state in an able manner; and
WHEREAS, we desire to express our sympathy to his family and friends and pay tribute to his memory;
THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF GEORGIA in session regularly assembled that we deplore the passing of our beloved member, and extend to his family and friends the sympathy and condolence of this body and that a copy of this resolution be spread upon the journal of the Senate, a copy furnished to the press, and a copy be sent to the family of Senator C. L. Battle.

A RESOLUTION
WHEREAS, the divine hand of Almighty God has, in His omnipotent wisdom, removed from our midst a most loved friend and benefactor of mankind, Dr. Steadman Vincent Sanford; and

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JOURNAL OF THE SENATE,

WHEREAS, in his departure, the State of Georgia has lost one of its most distinguished educators and honored citizens;
NOW, THEREFORE, let it be resolved by the Senate and by the House of Representatives of the State of Georgia that we hereby grievously express our deep affection, high respect, and constant admiration for the noble character, exemplary life, and lasting achievements of our faithful friend, foremost educator, and beloved Chancellor of the University System of Georgia, Dr. Steadman Vincent Sanford.
Slaughter of the 50th district, Holsenbeck of the 27th district.

A RESOLUTION
By Senators Sabados of the lOth and Minchew of the 5th:
BE IT RESOLVED BY THE SENATE OF GEORGIA, that through this resolution it express its thanks and appreciation to the editor of the Christian Science Monitor for their consideration in mailing to the members of the Senate the splendid paper during this session.

Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted:
HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, Bloodworth and Wilson of Bibb, and others:
A bill to be entitled an act to authorize the levy of a tax of millage in counties of over 80,000 population without specifying the percentage levied for any stated purpose; and for other purposes.
The consent was granted.
Senator Welsch of the 39th asked unanimous consent that the following bills of the House be withdrawn from the committees, read the second time and recommitted to the Committee on General Judiciary No. 1:

HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property in this state; and for other purposes.

HB 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to fonfer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed $200; and for other purposes.

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315

HB 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation; and for other purposes.
The consent was granted.

Senator Turner of the 34th asked unanimous consent that the Senate reconsider its action in defeating the following resolution of the House:
HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, and Smith of Emanuel:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.
On the motion to reconsider, the ayes were 24, nays 5, and the resolution was reconsidered and took its place on the calendar.
The president presented to the Senate Registrar P. W. Reid, of the University of Georgia.
Senator Moate of the 20th asked unanimous consent that the following bill of the House be withdrawn, read the second time and recommitted:

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days notice by publication for the election of trustees; and for other purposes.
The consent was granted.
Senator Brown of the 6th asked unanimous consent that the following bills of the House be withdrawn from the committee, read the second time and recommitted:

HB 787. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that the sheriff of Fulton county may appoint a chief deputy whose term of office shall not extend beyond the term of the sheriff; and for other purposes.

HB 788. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of Fulton county to provide that the secretary and chief deputy of the sheriff will not be classified employees; and for other purposes.
The consent was granted.
The following general bills and resolutions of the House were read the third time and put upon their passage:

316

JOURNAL OF THE SENATE,

HB 362. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to authorize municipalities and counties of this state to acquire, construct, maintain and operate public parking places; and for other J?Urposes.
The Committee on State of Republic offered the following substitute:
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, garages and other improvements for parking motor vehicles; to grant the right of eminent domain to such municipalities and counties for the purpose of acquiring such parking spaces; to permit the levy of a tax for the purpose of acquiring, constructing, maintaining and operating such public parking places, garages and other improvements; 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. The several municipalities and counties of this state are hereby authorized to acquire, construct, maintain and operate public parking places, garages and other improvements for the parking of motor vehicles within their respective limits and are authorized, in their discretion, to charge fees or rentals for the use of such parking places by the public.
Section 2. The several municipalities and counties of this state are hereby authorized to take or damage by condemnation, private property for public purposes for constructing, maintaining, and operating public parking places, garages and other improvements for the parking of motor vehicles within their respective limits. Condemnation proceedings for the several municipalities and counties of the state may take the form provided in Part II of Title 36 or the form provided in Chapter 36-11 of the Code of 1933.
Section 3. The several municipalities and counties of the state are hereby authorized to levy a tax for the purpose of acquiring, constructing, maintaining and operating such public parking places, garages and other improvements.
Section 4. This act is hereby declared to be severable and should any part or section of the same be held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not effect the remaining portions or sections of this act, and it is hereby declared to be the intent of the General Assembly to pass the said act without such invalid part thereof.
Section 5. That all laws and parts of law in conflict with this act be, and the same are, hereby repealed.
The substitute was adopted.
Senator Millican of the 52nd offered the following amendment to the substitute:

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317

By adding at the end of Section 1 the following sentence:
"No commercial enterprise or activities other than the parking of motor vehicles shall be authorized or conducted by municipalities or counties in such parking places."
The amendment was adopted.
Senator Edenfield of the 2nd moved that the bill with its substitute and amendment be indefinitely postponed, and the motion prevailed.
Senator Freeman of the 22nd asked unanimous consent that the following bills of the House be withdrawn from the committees, read the second time and referred to the Committee on State of Republic:

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of the state; and for other purposes.

HB 765. By Messrs. Connell of Lowndes, and Gowen of Glynn:
A bill to be entitled an act to provide terms upon which foreign corporations may do business in this state; to require filing a copy of charter with the Secretary of State and designation of an agent for service of process; and for other purposes.
The consent was granted.

HB 720. By Mr. Gowen of Glynn: A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Harrell of the 7th moved that the Senate concur in the House amendment to the Senate substitute as amended to the following bill of the House:
HB 621. By Messrs. Connell of Lowndes, and Herrin of Echols:
A bill to be entitled an act to create the 53rd Senatorial District, composed of Cook, Brooks, and Berrien counties and reapp~rtion the 6th, 7th, and 8th Senatorial District; and for other purposes.
The House offered the following amendment:

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Messrs. Black of Webster and Gary of Quitman moved to amend the Senate substitute to HB 621 by striking from Section 1 the following:
No. 12-Stewart, Quitman and Webster, and substituting the following:
No. 12-Webster, Quitman and Stewart.
On the motion to concur, the ayes were 29, nays 0, and the amendment was concurred in.

HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, and McCurdy of DeKalb:
A bill to be entitled an act to authorize counties and municipalities to construct, conduct and supervise recreation systems and to provide for recreation boards of commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 639. By Mr. Gowen of Glynn: A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

Senator Freeman of the 22nd asked unanimous consent that the following bills ~f the House be withdrawn from the committees, read the second time and recommitted to Committee on State of Republic:
HB 793. By Messrs. Culpepper of Fayette, Hatchett of Meriwether, and Thompson of Meriwether:
A bill to be entitled an act to amend Chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity with the provisions of the new Constition; and for other purposes.

HB 780. By Mr. Durden of Dougherty:
A bill to be entil!ed an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the nnmber of votes cast; and for other purposes.

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319

The consent was granted.

HR 66. By Mr. McCracken of Jefferson:

A resolution directing payment of balance due Riches, Piver Company for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Battle Branch Brown Causey Cloud Deal Drinkard Edenfield Edwards Freeman Gillis

Gould Greene Harrell of 7th Hill Hodges Johnson Mavity McGinty Millican Nix Norton

Peebles Rainey Riley Slaughter Stone Turner of 34th Turner of 35th Walker Welsch

Those voting in the negative were Senators:

Chastain

Sabados

Not voting were Senators: Baggett of the 51st, Bennett of the 17th, Bentley of the 25th, Caldwell of the 37th, Cook of the 42nd, Drake of the 8th, Grayson of the 1st, Harrell of the 12th, Hawes of the 30th, Holsenbeck of the 27th, Minchew of the 5th, Moate of the 20th, Moore of the 38th, Shedd of the 3rd, 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 adoption of the resolution, the ayes were 31, nays 2.

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

HR 184. By Mr. Pittman of Tift:
A resolution to appropriate $3,000 to be paid to Mrs. J. H. Glover for the death of her husband caused by a State Highway truck colliding with his car; and for other purposes.
The report of the committee, which was favorable to the adoption of the resotion, was agreed to.

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JOURNAL OF THE SENATE,

The resolution proposing an appropriation, a roll call was ordered and the vote was as follows:

Those votin2 in the affirmative were Senators:

Baggett Bentley Branch Brown Causey Chastain Cloud Deal Drinkarad Edenfield Edwards

Freeman Gould Greene Harrell of 7th Hodges Mavity McGnity Millican Minchew Moate Nix

Norton Peebles Rainey Riley Sabados Stone Turner of 34th Turner of 35th Walker Welsch

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Cook of the 42nd, Daves of the 14th, Drake of the 8th, Gillis of the 16th, Grayson of the 1st, Harrell of the 12th, Hawes of the 30th, Hill of the 36th, Holsenbeck of the 27th, Johnson of the 24th, Moore of the 38th, Shedd of the 3rd, Slaughter of the 50th, 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 adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 81. By Messrs. Dorsey and Brumby of Cobb:

A resolution to pay Mrs. Dock Harrison Wooten $5,000 for the death of her husband caused by a power pole falling on him at the State Farmer's Market; and for other purposes.

The report of the committee, which was favorable to the adoption of the resotion, was agreed to.

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

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Causey Chastain Cloud

Deal Drinkard Edenfield Edwards Freeman Greene Gould

Harrell of 7th Hawes Hill Hodges McGinty Millican Minchew

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321

Moate Nix Norton Peebles Rainey

Riley Sabados Stone Turner of 34th Turner of 35th

Walker Welsch Wellborn

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Cook of the 42nd, Daves of the 14th, Drake of the 8th, Gillis of the 16th, Grayson of the 1st, Harrell of the 12th, Holsenbeck of the 27th, Johnson of the 24th, Mavity of the 44th, Moore of the 38th, Shedd of the 3rd, Slaughter of the 50th, 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 34, nays 0.

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

HR 167. By Messrs. Harris of Richmond, and Culpepper of Fayette:

A resolution to provide a maintenance allowance for the State Auditor in lieu of actual hotel and subsistence; and for other pl}rposes.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Cloud Deal Drinkard Edenfield Edwards Freeman Gould

Greene Harrell of 7th Hawes Hill Hodges McGinty Millican Minchew Moate Nix Norton

Peebles Rainey Riley Sabados Turner of 34th Turner of 35th Walker Welsch Wellborn

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Causey of. the 46th, Chastain of the 41st, Cook of the 42nd, Daves of the 14th, Drake of the 8th, Gillis of the 16th, Grayson of the 1st, Harrell of the 12th, Holsenbeck of the 27th, Johnson of the 24th, Mavity of the 44th, Moore of the 38th, Shedd of the 3rd, Slaughter of the 50th, Stone of the 15th, Wall of the 9th, and Yawn of the 48th.

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

On the adoption of the resolution, the ayes were 31, nays 0.

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JOURNAL OF THE SENATE,

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

HR 169. By Messrs. Cheshire of Colquitt and Connell of Lowndes:
A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of this state to be known as Article 17, and providing for the creation of a State Board of Public Welfare; defining the authority and duties of said board; providing for the appointment and term of office of said members; and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. That the Constitution of this state be, and the same is hereby amended by adding thereto a new article to be known as Article 17, the same reading as follows:

"Article 17. There is hereby created a State Board of Public Welfare consisting of twelve members who shall be appointed by the governor. One member shall be appointed from each congressional district and two from the state at large. The State Board of Public Welfare shall have the authority and responsibility as now exists under the laws of this state. The State Board of Public Welfare shall elect a director whose term of office, compensation, duties and responsibilities shall remain as now fixed by law. The first three members of the board shall be appointed for four years, the second three for five years, the third three for six years, the fourth three for seven years. All subsequent appointments shall be for a period of seven years, except unexpired terms to be designated by the governor."

Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses in the General Assembly, the same shall be entered upon their journals with the ayes and nays taken thereon, and shall be published and submitted to the people for ratification or rejection at the next general election, at which election members of the General Assembly are chosen.

Section 3. To repeal all laws or parts of laws in conflict herewith.

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

Those voting in the affirmative were Senators:

Baggett Bentley Branch Brown Causey Chastain Cloud Deal Edenfield Edwards Freeman

Gillis Gould Greene Harrel of 7th Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty

Millican Minchew Moate Nix Norton Peebles Rainey Riley Slaughter Stone Turner of 34th

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323

Turner of 35th Walker

Welsch Wellborn

Mr. President:

Voting in the negative was Senator:

Sabados

Not voting were Senators: Battle of the 13th, Bennett of the 17th, Caldwell of the 37th, Cook of the 42nd, Daves of the 14th, Drake of the 8th, Drinkard of the 29th, Grayson of the 1st, Harrell of the 12th, Moore of the 38th, Wall of the 9th, and Yawn of the 48th.

The report of the committee, which was favorable to the adoption of the resotion, was agreed to.

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

On the adoption of the resolution, the ayes were 38, nays l.

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

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.

Senator Sabados moved the previous question and the motion prevailed.

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

On the passage of the bill, no quorum voting, and the president ordered the call of the roll.

The vote was as follows:

Those voting in the affirmative were Senators:

Nix

Wellborn

Those voting in the negative were Senators:

Battle Branch Brown Causey Chastain Cloud Deal Edenfield Edwards Freeman

Gillis Gould Harrell of 7th Hawes Hill Hodges Holsenbeck McGinty Millican Minchew

Norton Peebles Rainey Riley Sabados Slaughter Stone Turner of 34th Turner of 35th Welsch

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JOURNAL OF THE SENATE,

Not voting were Senators: Baggett of the 51st, Bennett of the 17th, Bentley of the 25th, Caldwell of the 37th, Cook of the 42nd, Daves of the 14th, Drake of the 8th, Drinkard of the 29th, Grayson of the 1st, Greene of the 21st, Harrell of the 12th, Johnson of the 24th, Mavity of the 44th, Moate of the 20th, Moore of the 38th, Shedd of the 3rd, Walker of the 45th, Wall of the 9th, and Yawn of the 48th.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 2, nays 30.
The bill, having failed to receive the requisite constitutional majority, was lost.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 257. 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; and for other purposes.
The House amendment was as follows:
By Mrs. Mankin of Fulton:
By adding after the words "Fulton County School district" in the next to the last line of the caption, the words "or as a teacher in any Georgia school receiving public funds in whole or in part," so that the last three lines of the caption shall read: "Fulton County School District or as a teacher in any Georgia school receiving public funds in whole or in part and the method by which all such credit may be obtained; and for other purposes."
By further amending the said bill so as to add a section to be known as Section lila; same to follow Section III and same to read as follows:
"Secti.on lila. Section 10 of said act is amended by striking the same and substituting the following in lieu thereof:
"Section 10. In computing the time of service that all teachers are entitled to in the number of years of service, credit shall be given for all teaching experience in Georgia schools receiving public funds in whole or in part; provided, however, that no teacher employed by the said Board of Education after the passage of this act shall receive credit for more than ten years of such prior teaching service. For a teacher to receive credit for years of service for teaching outside of Fulton county, such teacher shall pay into the pension fund over a period not to exceed two years the amount of contributions that he would have paid into the present pension fund maintained by the Board of Education, based upon his initial salary paid by said Board of Education if for such years he had been teaching in the Fulton County System."
By further amending the said bill so as to add a section to be known as Section IVa, same to follow Section IV and same to read as follows:

SATURDAY, JANUARY 26, 1946

325

"Section IVa. Section 11 of said act is amended by striking the same and substituting in lieu thereof the following:
"Section 11. In order to obtain credit for prior service all teachers shall, within the period of three months from the date of their employment, file with the Pension Board a certificate from the proper authorities showing the years of service of such teacher and the place of service."
Senator Millican of the 52nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 38, nays 0, and the amendment was concurred in.
HB 584. By Mr. Holbrook of Forsyth, and others:
A hill to he entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.
Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st offered the following substitute:
A hill to he entitled an act to promote the breeding industry in the State of Georgia through programs of breeding improvement and control and eradication of pullorum disease and other contagious and infectious diseases of poultry; to provide for regulation and control of poultry remedies, and licensing of manufacturers thereof; to authorize regulations to enforce the provisions of this act; to require reports and statistical records covering intrastate as well as interstate shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock: or birds of any species; and for other purposes.
Section l. l. From and after passage of this act the Georgia Poultry Improvement Association, Inc., shall he recognized and designated as the official state agency for administration of the N ationa! Poultry Improvement Plan and the N ationa! Turkey Improvement Plan sponsored by the Bureau of Animal Industry, United States Department of Agriculture. Participation in the N ationa! Poultry Improvement Plan or the N ationa! Turkey Improvement Plan by hatcheries, R. 0. P. breeders, dealers and supply flock owners shall he voluntary and administered and governed by the rules and regulations of the official state agency in conjunction with rules and regulations promulgated by the Bureau of Animal Industry, United States Department of Agriculture.
2. Nothing in this act shall he construed to establish a state plan of identification of hatcheries, dealers or supply flocks except as herein specified. The words "State Approved," "State Tested" or words or phrases of similar implication and meaning shall not he used in advertising or in the sale or in offering for sale of hatching eggs, chicks, poults or breeding stock:.

326

JOURNAL OF THE SENATE,

Section 2. 1. Regulations for control and eradication of pullorum disease shall be made following a joint hearing between the state veterinarian, State Department of Agriculture, and the official state agency. Requirements for pullorum testing and other sanitary measures shall be stipulated by the state veterinarian, State Department of Agriculture. In event that state regulations do not exist or apply, the minimum pullorum-control regulations of the official state agency shall be effective.
2. The State Department of Agriculture shall be authorized to quarantine and prohibit the sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock, or in any area within the state, or establish special regulations for prevention and spread of pullorum disease or other infectious and contagious diseases of poultry.
3. Appointment of qualified pullorum-testing agents and supervisiOn of their field work shall be made by the State Department of Agriculture. Only persons who have demonstrated that they are capable of doing satisfactory testing work shall be so authorized.
Section 3. 1. Every person, firm or corporation who operates a hatchery, or dealer shall first register and secure a license from the Commissioner of Agriculture. The fee for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July 1st to June 30th and shall be conspicuously displayed in each place of business. Cost of license shall not be prorated and licenses purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When any condition is revealed to exist which is not in strict accord with provisions of this act, the license may be revoked or suspended by the Commissioner of Agriculture, in his discretion.
2. Manufacturers of poultry remedies before offering for sale each of such remedies in the State of Georgia for treatment, eradication or control of poultry diseases, shall first secure a license from and be approved by the Commissioner of Agriculture, at his discretion. Fee for such license shall be $1.00 for each remedy.
Section 4. 1. Hatcheries, dealers or flock owners shall promptly report to the state veterinarian, State Department of Agriculture, the outbreak of any contagious or infectious disease affecting chicks, poults or breeding stock in their possession or in any flock producing hatching eggs.
2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced.
Section 5. l. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the state veterinarian, State Department of Agriculture. Shippers shall be. subject to investigate by the state veterinarian or other authorized person, to determine that hatching eggs, chicks, poults or poultry breeding stock have been produced and han-

SATURDAY, JANUARY 26, 1946

327

died under conditions no less adequate for control of pullorum disease and other contagious and infectious diseases of poultry than those required under Georgia regulations.
2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be, (a) reported by the shipper to the state veterinarian, State Department of Agriculture, on official health certificates signed by the livestock sanitary official in the state of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other contagious and infectious diseases of poultry. Duplicate copy of the health certificate shall be attached to the waybill on each shipment. Or, (b) reported to the state veterinarian, State Department of Agriculture, on official N .P.I.P. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan or the National Turkey Improvement Plan.
Section 6. 1. Be it further enacted that nothing in this act shall be construed so as to in any manner limit the authority of the Commissioner of Agriculture to carry out, administer and enforce all laws, rules and regulations for the control and eradication of livestock and poultry diseases in this state.
Section 7. l. Any person, firm or corporation found in violation of this act shall be guilty of a misdemeanor. The Commissioner of Agriculture may at his discretion confiscate, destroy or otherwise dispose of all hatching eggs, chicks, poults, poultry, breeding stock or birds of any species that are produced in the state or enter the state not in compliance with this act.
2. This act shall go into immediate force and effect.
Section 8. l. Be it further enacted that each and every provision and section of this act is hereby separately enacted and each part of each section is hereby separately enacted and each part of each section is hereby declared a separate section, or part of section, and the hqlding of any section, or part thereof, to be unconstitutional or contrary to the laws of the State of Georgia, shall not affect any other section or part of this act; it being the expressed intention of the General Assembly of the State of Georgia in passing this act, that each part, section, or provision hereof shall be given full force and affect independent of any other part, section or provision. All laws or parts of laws in conflict therewith 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 from yesterday, the following resolution of the House was taken up for further consideration:
HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:

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JOURNAL OF THE SENATE,

A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.
Senators Causey of the 46, Harrell of the 7th and Welsch of the 39th moved to amend HR 164 as follows to wit:
By physically attaching thereto the certified copy of the order of the Supreme Court of January 12, 1946, as "Exhibit 1-A" and the certified copy of the committee's "Report No. 1" as "Exhibit 1-B" so that both of the said exhibits are made a part of the resolution.

STATE OF GEORGIA

SUPREME COURT

ATLANTA

To the General Assembly of Georgia:

January 14, 1946.

Hon. Frank C. Gross, President of the Senate,

Hon. Roy V. Harris, Speaker of the House of Representatives.

Gentlemen:

In pursuance of the act approved February 16, 1945 (Ga. L. 1945, pp. 145 et seq.), the Supreme Court appointed a committee from the bar of this state to aid in preparation of rules of practice and procedure falling within the purview of Section 1 of said act.

The said committee has made three separate reports, entitled "Report No. One," "Report No. Two," and "Report No. Three," dealing with separate classes of rules.

The Supreme Court on January 12, 1946, passed three separate orders adopting and prescribing the rules recommended in the corresponding reports, effective January 1, 1947, subject, nevertheless to ratification and confirmation by the General Assembly of Georgia, as in said act provided.

For the purposes of identification, the first order and the corresponding committee report are marked exhibits "1-A" and "1-B," respectively; the second as "2-A" and "2-B"; and the third as "3-A" and "3-B."

Respectfully submitted,

R. C. Bell,
Chief Justice.

EXHIBIT "1-A"

SUPREME COURT OF GEORGIA

Atlanta, January 12, 1946.

The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:

SATURDAY, JANUARY 26, 1946

319

Whereas, the General Assembly, at its session held in 1945, passed an act 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 fro many of the courts of this state; to provide for the taking effect of such rules, and for other purposes," which act was approved February 16, 1945 (Ga. L. 1945, p. 145 et seq.), and which provided among other things:
"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 incivil 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.
"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 of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules"; and
Whereas this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1; and
Whereas, the said committee has made a report to this court entitled "Report No. One, Appellate Procedure," recommending rules of practice and procedure for appeal or review of all cases, civil or criminal, to or from any of the courts of this state, which "Report No. One" is hereby further identified as containing thirty-one numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:
It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopted and prescribed by this court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided.

330

JOURNAL OF THE SENATE,

Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.
To that end, let the clerk of this court prepare two certified copies of this order and of the said committee's "Report No. One" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of said certified copies of this order, together with one of said certified copies of the said committee's "Report No. One," to the president of the Senate, and deliver in like manner one of each of said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.

K. C. Bleckley,

[SEAL]

Clerk, Supreme Court.

EXHIBIT "1-B" Report No. One APPELLATE PROCEDURE

To the Honorable the Supreme Court of Georgia:
The committee from the bar of this state appointed by your Honors under the provisions of an act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145 et seq), to aid in the preparation of rules of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this state, recommends to the court the following:
1. That Section 6-701 of the Code of 1933, which is
"No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ of error to the Supreme Court or Court of Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case."

SATURDAY, JANUARY 26, 1946

331

be amended by adding thereto: "No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases, and subject to review as in other cases," so that said section, when so amended, shall read:
"No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the cour tbelow, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ of error to the Supreme Court or Court of Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."
2. That Section 6-802 of the Code of 1933, which is:
"If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have. the same 'incorporated in the bill of exceptions."
be amended by adding thereto: "No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein," so that said section, when so amended, shall read:
"If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein."
3. That Section 6-806 of the Code of 1933, which is:
''The form of the certificate of the judge to the bill of exceptions shall be as follows: 'I do certify that the foregoing bill of exceptions is true, and contains (or

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specifies, as the case may be) all the evidence, and specifies all of the record, material to a clear understanding of the errors complained of; and the clerk: of the -------------------court of -------------------- is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors alleged to have been committed may be considered and corrected."
be amended by adding thereto: "It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be construed as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears," so that said section, when so amended, shall read:
"The form of the certificate of the judge to the bill of exceptions shall be as follow;: 'I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all the evidence, and specifies all of the record, material . to a clear understanding of the errors complained of; and the clerk: of the -------------------court of -------------------- is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors alleged to have been committed may be considered and corrected.' It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be construed as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears."
4. That Section 6-808 of the Code of 1933, which is:
"It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that. the certificate is in legal form before signing the same; and no failure of any judge to discharge his duty in this respect shall prejudice the rights of the parties by dismissal or otherwise."
be repealed.
5. That Section 6-809 of the Code of 1933, which is:
"If a defendant in error shall except in any case by bill of exceptions, he shall prepare his bill of exceptions and proceed in the same manner as above provided, but shall not take up any portion of the evidence or record that is taken up by the main bill of exceptions."
be repealed and that there be adopted and prescribed in lieu thereof the following:

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"If a defendant in error shall desire to except, he shall prepare his cross bill of exceptions and proceed in the same manner as provided for main bills of exceptions, but shall not take up any portion of the evidence or record which is taken up by the main bill of exception. Such cross bill of exceptions shall be tendered within 20 days from the date of the service of the main bill of exceptions."
6. That Section 6-902 of the Code of 1933, which is:
"The bill of exceptions shall be tendered to the judge who presided in the cause within 30 days from the adjournment of the court or the date of the decision at chambers; and in the event that the court shall not adjourn within 30 days from the date of the organization and opening of the court, such bill of exceptions shall be tendered to the judge who presided in the cause within 60 days from the date of the decision, judgment, verdict, or decree rendered; and if the same is true, and contains, in connection with the transcript of the record, all the facts necessary to the under-
ssatamned.i,ng and adjudication of the alleged error, the judge shall sign and certify the
be repealed and that there be adopted and prescribed in lieu thereof the following:
"Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of. This provision as to time shall apply to bills of exceptions in all classe~ of cases and shall so apply irrespective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of Section 27-1201 of the Code of 1933 providing the time within which direct bills of exceptions must be taken to denials of motions for change of venue."
7. That there be adopted, prescribed and enacted, to become a part of Chapter 6 of the Code of 1933 the following:
"In cases where the defendant in error named in a bill of exceptions is represented by an attorney-at-law or appears in propria persona, the judge, before certifying the bill of exceptions, shall require reasonable notice to such attorney or such party and afford him an opportunity to be heard on the question of whether or not the bill of exceptions as tendered is correct and complete. If an attorney of record for a defendant in error, or such party, in writing waives this privilege or in writing approves the bill of exceptions as correct and complete as to the averments of fact therein this requirement shall be deemed waived; Such waiver shall be attached to the bill of exceptions as an exhibit thereto."
8. That Section 6-903 of the Code of 1933, which is:
"In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fraudulent debtors; and granting or refusing applications for dissolution of corporation created.

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by superior court, the bill of exceptions shall be tendered and signed within 20 days from the rendition of the decision, and the opposite party shall be served, within 15 days from such signing, with the bill of exceptions, and the clerk shall, within 15 days from such service, make out a transcript of the record and transmit the same immediately to the Supreme Court or the Court of Appeals, as the case may be ,then in sessions, and if not in session, then to the very next sessions; and its arrival by the first day of the term, or at any time thereafter during the term, shall be sufficient to insure a hearing. If said record, being returned to a court then in session, shall fail, after legal diligence, to arrive in time for a hearing before the adjournment, it shall stand over until the next term."
be amended by striking the words "and signed," and by striking all that follows the words "the rendition of the decision" and substituting the following. "The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the Code, and thereafter the duties of the clerk in such case shall be the same as prescribed by Section 6-1001 of the Code."
so that said section, when so amended, shall read:
"In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fraudulent debtors; and granting or refusing applications for dissolution of corporation created by the superior court, the bill of exceptions shall be tendered within 20 days from the rendition of the decision. The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the Code, and thereafter the duties of the clerk in such case shall be the same as prescribed by Section 6-1001 of the Code."
9. That Section 6-904 of the Code of 1933, which is:
"All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing filing, serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules in reference to bills of exceptions in cases of injunction, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under existing rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be affirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court, who shall have full power, in term or vacation, to pass any order, sentence, or judgment necessary to carry into execution the judgment of the court."
be amended by striking the words "in cases of injunction" and substituting the words "in other cases," so that said section, when so amended, shall read:
"All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing filing, serving, transmitting and hearing the same, be governed, in all respects where

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applicable, by the laws and rules in reference to bills of exceptions in other cases, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under existing rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be affirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court, who shall have full power, in term or vacation, to pass any order, sentence. or judgment necessary to carry into execution the judgment of the court."
10. That Section 6-905 of the Code of 1933, which is:
"Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge, and ordered to be placed on the record. Such exceptions shall be tendered during the term. If, however, the court shall adjourn within less than 30 days from the date of the ruling complained of, such bills of exceptions pendente lite shall be tendered within 60 days from the date of the order, decision, or ruling complained of."
be amended by striking the last two sentences thereof and substituting: "Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of," so that said section, when so amended, shall read:
"Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge, and ordered to be placed on the record. Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of."
ll. That Section 6-907 of the Code of 1933, which is:
"All laws having reference to the signing and certifying of bills of exceptions after the expiration of 30 days from the adjournment of the court and the rendition of the decision, and in case of the death of the judge, shall apply, so far as the same will conform, to all bills of exceptions required by law to be signed and certified in 20 days after the rendition of the decision."
be repealed.
12. That Section 6-909 of the Code of 1933, which is:
"If the judge shall determine that the bill of exceptions is not true, or does not contain all the necessary facts, he shall return the same, within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. If the judge shall see proper, he may order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof."
be amended by striking the last sentence and substituting in lieu thereof: "The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or non-action of the

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trial judge as to requiring notice under this section and Part 7 of tkis report, which is to be added to the code as a new section, shall not be reviewable."
so that said section, when so amended, shall read:
"If the judge shall determine that the bill of exceptions is not true, or does not contain all the necessary facts, he shall return the same, within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or non-action of the trial judge as to requiring notice under this section and P'art 7 of this report, which is to be added to the Code as a new section, shall not be reviewable."
13. That Section 6-1001 of the Code of 1933, which is:
"Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried; and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the superior or city court, as the case may be."
be amended by adding: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals," so that said section, when so amended, shall read:
"Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried; and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the superior or city court, as the case may be. The clerk of the trial court shall retain and file in

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337

his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals."
14. That Section 6-1301 of the Code of 1933, which is:
"No writ of error in a criminal case or in an injunction case or other extraordinary remedy shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the 15 days after service of the bill of exceptions, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon."
be amended by striking the words " a criminal case or in an injunction case or other extraordinary remedy" and substituting the words "any case" and by striking the words "15 days after service of the bill of exceptions" and substituting the words "time allowed by law," so that said section, when so amended, shall read:
"No writ of error in any case shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the time allowed by law, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon."
15. That Section 8-406 of the Code of 1933, which is:
"The decision of the judge, granting or refusing an attachment under the provisions of this chapter, may be excepted to and carried to the Supreme Court, as in applications for injunction."
be amended by striking the words "as in applications for injunction" and substituting the words "as in other cases," so that said section, when so amended, shall read:
"The decision of the judge, granting or refusing an attachment under the provisions of this chapter, may be excepted to and carried to the Supreme Court, as in other cases."
16. That Section 22-1305 of the Code of 1933, which is:
"Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, by fast writ of error as in cases of injunction."
be amended by striking the words "by fast writ of error as in cases of injunction" and substituting the words "as in other cases," so that said section, when so amended, shall read:

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"Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the tlecree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, as in other cases."
17. That Section 24-2715 of the Code of 1933, in subdivision 15 thereof, which is:
"To make out transcripts of the records of all cases for the Supreme Court and the Court of Appeals, as the laws require."
he amended by inserting after the words "Court of Appeals" the words "and a duplicate thereof to be numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals," so that said subdivision of said section, when so amended, shall read:
"To make out transcripts of the records of all cases for the Supreme Court and the Court of Appeals, and a duplicate thereof to he numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require."
18. That Section 24-2727 of the Code of 1933, under "Civil Cases," the 35th line, which is:
"Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words ... 15"
he amended by changing the rate to 25c per 100 words, so that said line ,when so amended, will read:
"Recording and copying' proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words ... 25"
also that Section 24-2727 of the Code of 1933, under "Criminal Cases," the 3rd line, which is:
"Transcribing record and evidence in state cases per 100 words . . . 15"
be amended by changing the ratae to 25c per 100 words, so that said line, when so amended, will read:
"Transcribing record and evidence in state ecases, per 100 words ... 25"
19. That Section 24-3347 of the Code of 1933, which is:
"In every application for a new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command."
be amended by inserting after the first sentence thereof: "Before presenting a brief of the testimony to the court for approval, the attorney whose. duty it is to prepare

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it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony of the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unless the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived such notice," so that said section, when so amended, will read :
"In every application for new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unless the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived such notice. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and. determine the motion from the best evidence at his command."
20. That Section 24-3611 of the Code of 1933, which is:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be entrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk or his deputy in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt."
he amended by inserting after the first sentence: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court," so that said section, when so amended, will read:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to he the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the 'numbering of the pages of the original transcript of record transmitted to this court. Neither a party nor his counsel shall be entrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk or his

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deputy in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt."
21. That Section 24-4509 of the Code of 1933, which is:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt."
be amended by inserting after the first sentence: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitte to this court," so that said section, when so amended, will read:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court. Neither a party nor his counsel shall be entrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk or his deputy in person. If for any cause a clerk delays transmission beyond the statut<lry limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt."
22. That Section 30-214 of the Code of 1933, which is:
"The judgments of the judges of the superior court in such cases, whether at law or in equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in cases of injunctions."
be amended by striking the words "in cases of injunctions" and substituting the words "in other cases," so that said section, when so amended, wjll read:
"The judgments of the judges of the superior court in such cases, whether at law or in equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in other cases."

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23. That Section 50-126 of the Code of 1933, which is:
"All bills of exceptions in habeas corpus cases shall, as regards the practice of the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptio~s in cases of injunction; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such habeas corpus cases, either under existing rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of error was taken. Upon the receipt of the same the clerk shall notify the judge of said court, who shall have full power in term or vacation to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court."
be amended by striking the words "in cases of injunction" in the first sentence and substituting "in other cases," so that said section, when so amended, will read:
"All bills of exceptions in habeas corpus cases shall, as regards the practice of the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptions in other cases; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such habeas corpus cases, either under existing rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of error was taken. Upon the receipt of the same the clerk shall notify the judge of said court, who shall have full power in term or vacation to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court."
24. That Section 64-110 of the Code of 1933, which is:
"Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in cases of the granting and refusing of injunctions; and either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions."
be amended by striking .the words "as in cases of the granting and refusing of injunctions" and substituting "as in other cases," and by adding at the end thereof: "No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial ihall be treated as a final judgment in these cases and subject to review as in other eases," so that said section, when so amended, shall read:
"Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in other cases; and either party dissatisfied with

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the judgment on the hearing of the answer to the mandamus nlSl may likewise file his bill of exceptions. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."
25. That Section 64-206 of the Code of 1933, which is:
"In all applications for writs of quo warranto, or of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant or petitioner shall involve only questions of law, the same may be determined as equitable proceedings, by the judge of the superior court, before whom such case shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out, or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application or proceeding; and if either party to such application or proceeding shall desire to except to the decision of the said judge of the superior court, he shall, if the Supreme Court of the state be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed, in Section 6-903, in cases of applications for and decisions granting or refusing injunctions, said bill of exceptions to be served upon the opposite party in such suit as prescribed in said section; and all the rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases."
be amended by inserting the word "final" between the words "the" and "decision" in the 12th line of said section, and by striking the words "he shall, if the Supreme Court of the State be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed in Section 6-903, in cases of applications for and decisions granting or refusing injunctions," and substituting "he shall tender, sign, have certified, filed and serve a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases," and by striking the words "in said section" in the 18th line of said section and substituting "in Section 6-903 as amended herein," so that said section, when so amended, will read:
"In all applications for writs of quo warranto, or of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant or petitioner shall involve only questions of law, the same may be determined as equitable proceedings, by the judge of the superior court, before whom such case shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out, or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application or proceeding; and if either party to such application

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or proceeding shall desire to except to the final decision of the said judge of the superior court, he shall tender, sign, have certified, filed and served a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases; said bill of exceptions to be served upon the opposite party in such suit as prescribed in Section 6-903 as amended herein; and all the rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases."
26. That Section 87-304 of the Code of 1933, which is:
"Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cast's."
be amended by striking the words "as in the case of injunctions," and by striking the balance of the section thereafter appearing, so that said section, when so amended, will read:
"Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county, municipality,. or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment."
27. That Section 87-405 of the Code of 1933, which is:
"Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in the case of injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in criminal cases."

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be amended by striking the words_ "as in the case of injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in criminal cases," and substituting "as in other cases," so that said section, when so amended, will read:
"Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in other cases."
28. That Section 92-6218 of the Code of 1933, which is:
"If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person, firm, partnership, association or corporation to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as in other cases of injunction be reviewed by a fast bill of exceptions to the Supreme Court of Georgia; provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a dispute on tax rights as herein set forth."
be amended by striking the words "of injunction" in lines 17 and 18 of the Code of 1933 and the word "fast" in line 18 of said code, so that said section, when so amended, will read:
"If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be rpturned in another county by any person, firm, partnership, association or corpora-

SATURDAY, JANUARY 26, 1946

345

tion to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as in other cases be reviewed by a bill of exceptions to the Supreme Court of Georgia: Provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a dispute on tax rights as herein set forth."
29. That Section 92-6909 of the Code of 1933, which is:
"Upon petition by 10 or more freeholders of the county to the judge of the superior court in term time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made by any sheriff, deputy sheriff or constable of this state. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by fast bill of exceptions in the manner provided by SectiOn 6-903."
be amended by striking the words "by fast bill of exceptions in the manner provided by Section 6-903" and substituting "by bill of exceptions as in other cases," so that said section, when so amended, will read:
"Upon petition by 10 or more freeholders of the county to the judge of the superior court in term time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made by any sheriff, deputy sheriff or constable of this state. The officer making the service shall serve copies and return the original

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petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by bill of exceptions as in other cases."

30. That Section 93-416 of the Code of 1933, which is:

"Every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, and terminal company or corporation within the state, and other corporations, companies, or persons coming under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this state, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provision of this section or the acts heretofore passed, or which fails, omits, or neglects to obey, observe, and comply with any order, direction, or requirement of the Commission heretofore or hereafter passed, shall forfeit to the state a sum of not more that $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separaate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this state, or in the county of the state where such violation occurs and such wrong is perpetrated, or in any county in this state through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the state by direction of the governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as provided in cases of the grant or refusal of injunctions by judges of the superior courts."

be amended by striking "as provided in cases of the grant or refusal of injunctions

by judges of the superior courts" in the last two lines thereof and substituting "as in

other cases," so that said section, when so amended, will read:

"Every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, and terminal

SATURDAY, JANUARY 26, 1946

347

company or corporation within the state, and other corporations, companies, or persons coming under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this state, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provision of this section or the acts heretofore passed, or which fails, omits, or neglects to obey, observe, and comply with any order, direction, or requirement of the Commission heretofore or hereafter passed, shall forfeit to the state a sum of not more that $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separaate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this state, or in the county of the state where such violation occurs and such wrong is perpetrated, or in any county in this state through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the state by direction of the governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as in other cases."
31. That Section 6-1501 of the Code of 1933, which is:
"When the counsel on either side shall apply to the court for an extension of time in argument beyond the time prescribed by the rules, and the said counsel shall state in his place, or on oath, in the discretion of the court, that he or they cannot do the question involved justice within the time prescribed, and that for said purpose it will require additional time, stating how much in his judgment it will so require. the court shall grant the request."
be repealed.
The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:
Alapaha Circuit ------H. W. Nelson, Adel Albany Circuit ................................................Sam S. Bennet, Albany
Atlanta Circuit................................................ Pope F. Brock, Atlanta F. M. Bird, Atlanta D. F. McClatchey, Atlanta

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Atlantic Circuit ----------------------------------------------1 T. Grice, Glennville
Augusta Circuit ----------------------------------------------W. Inman Curry, Augusta J os. B. Cumming, Augusta
Blue Ridge Circuit..----------------------------------------A. ]. Henderson, Canton
J. H. Hawkins, Marietta Brunswick Circuit__________________________________________Charles L. Gowen, Brunswick Chattahoochee Circuit____________________________________ Frank D. Foley, Columbus
Robert M. Arnold, Columbus
Cordele Circuit ----------------------------------------------George W. Williams, Cordele Cherokee Circuit -------------------------------------------E. S. Ault, Cartersville Coweta Circuit------------------------------------------------W. S. Allen, Greenville
Dublin Circuit -----------------------------------------------R. Earl Camp, Dublin
Eastern Circuit ------------------------------------------~--T. M. Cunningham, Savannah E. H. Abrahams, Savannah
Flint Circuit----------------------------------------------------G. Ogden Persons, Forsyth Griffin Circuit ------------------------------------------------L. P. Goodrich, Griffin
Macon Circuit ------------------------------------------------1 ohn B. Harris, Macon
Harry S. Strozier, Macon
Middle Circuit-----------------------------------------------E W. Jordan, Sandersville
Northeastern Circuit..------------------------------------1oseph G. Collins, Gainesville
Northern Circuit...-----------------------------------------Raymonde Stapleton, Elberton Ocmulgee Circuit____________________________________________ Miles W. Lewis, Greensbore Oconee Circuit________________________________________________W. S. Mann, McRae
Ogeechee Circuit -------------------------------------------Fred T. Lanier, Statesboro Pataula Circuit------------------------------------------------C. W. Worrill, Cuthbert Piedmont Circuit____________________________________________Ciifford Pratt, Winder
Marvin A. Allison, Lawrenceville
Rome Circuit --------------------------------------------------Dean Owens, Rome Southern Circuit --------------------------------------------Orner W. Franklin, Valdosta Southwestern Circuit______________________________________W. W. Dykes, Americus Stone Mountain Circuit________________________________ B. Hugh Burgess, Decatur Tallapoosa Circuit__________________________________________ Hal C. Hutchens, Dallas
Tifton Circuit ----------------------------------------------W. C. Forehand, Sylvester Toombs Circuit ----------------------------------------------Earle Norman, Washington Waycross Circuit--------------------------------------------Larry E. Pedrick, Waycross Western Circuit______________________________________________Abit Nix, Athens
Ex-Officio ------------------------------------------------------Charles J. Bloch, Macon
(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)
Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same circuit,

SATURDAY, JANUARY 26, 1946

349

was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died, and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, removed his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.

Respectfully submitted,

Attest:

Charles J. Bloch, Chairman.

Mrs. Grant Williams, Secretary.

Filed in office January 9, 1946.

K. C. Bleckley, Clerk, Supreme Court of Georgia.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.
I hereby certify that the foregoing is a true and correct copy of the Bar Com~ mittee Report as filed in this office on January 9, 1946.

[SEAL]

K. C. Bleckley, Clerk, Supreme Court of Georgia.

The amendment was adopted.

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

On the adoption of the resolution, the ayes were 28, nays 0.

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

HR 165. By Messrs. Gowen of Glynn and Hicks Qf Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; and for other purposes.
Senators Causey of the 46th, Harrell of the 7th, and Welsch of the 39th moved to amend HR 165 as follows to wit:
By physically attaching thereto the certified copy of the order of the Supreme Court of January 12, 1946, as "Exhibit 2-A" and the certified copy of the committee's "Report No. 2" as "Exhibit 2-B," so that both of the said exhibits are made a part of the resolution.

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EXHIBIT "2-A" SUPREME COURT OF GEORGIA

Atlanta, January 12, 1946.
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
Whereas, the General Assembly, at its session held in 1945, passed an act 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," which act was approved February 16, 1945 (Ga. L. 1945, p. 145 et seq.), and which provided among other things:
"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.
"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 of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules"; and
Whereas this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1; and
Whereas, the said committee has made a report to this court entitled "Report No. Two, General Procedure in Trial Courts," recommending rules of procedure and pleading and practice in civil actions and civil proceedings in the courts of this state, which "Report No. Two" is hereby further identified as containing twenty-six

SATURDAY, JANUARY 26, 1946

351

numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:
It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopte.d and prescribed by this court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided.
Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.
To that end, let the clerk of this court prepare two certified copies of this order and of the committee's "Report No. Two" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of such certified copies of this order, together with one of said certified copies of the said committee's "Report No. Two," to the president of the Senate, and deliver in like manner one of each of said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.

K. C. Bleckley,

[SEAL]

Clerk, Supreme Court.

EXHIBIT "2-B"
Report No. Two
GENERAL PROCEDURE IN TRIAL COURTS
To the Honorable. the Supreme Court of Georgia:
The committee from the bar of this state appointed by Your Honor under the provisions of an act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145, et seq.), to aid in the preparation of rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, recommends to the court the following:
1. That Section 20-506 of the Code of 1933, which is:
"Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall

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enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit, and also the term of the t'burt to which suit will be brought.''
be amended by striking the words "court to which suit is brought for the col_lection of the same: Provided the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit, and also the term of the court to which suit will be brought," and substituting: "suit which is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing 10 days before the suit is brought, of his intention to bring suit," so that said section, when amended, will read:
"Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit."

2. That Section 24-3325 of the Code of 1933, which is:

"All matters appearing on the face of the declaration or process, that would not

be good in arrest or judgment, shall be taken advantage of at the first term, and be

immediately determined by the court."

?

be amended by striking the words "at the first term and immediately determined by the court" and substituting "on or before the appearance date of the case, and be immediately determined by the court," so that said section, when amended, will read:

"All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment, shall be taken advantage of on or before the appearance date of the case, and be immediately determined by the court."

3. That Section 81-111 of the Code of 1933, which is:
"The original petition shall be deposited in the clerk's office at least 20 days before the term to which it is returnable; and if delivered within the 20 days, the clerk shall make the same returnable to the next term thereafter."
be repealed, and in lieu thereof there be adopted, _prescribed and substituted:

"The day on which an original petition is deposited in the clerk's office shall be known as the return day of that petition. The day on which defensive pleadings shall be filed with respect to a petition shall be known as the appearance day of that case."

4. That Section 81-112 of the Code of 1933, which is:

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353

"The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing, unless it shall pray some extraordinary remedy."
be amended by striking the words "unless it shall pray some extraordinary remedy," so that said section, when amended, will read:
"The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing."
5. That Section 81-201 of the Code of 1933, which is:
"The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the appearance of the defendant at the return term of the court."
by striking the words "requiring the appearance of the defendant at the return term ()f the court" and substituting "requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court there~fter. No petition shall abate for lack of service until so ordered by the court in which it was filed," so that said section, when amended will read:
"The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court thereafter. No petition shall abate for lack of service until so ordered by the court in which it was filed."
6. That Section 81-202 of the Code of 1933, which is:
"The clerk shall deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant; to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition. and

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return the same to the clerk. Leaving a copy at defendant's residence shall be a sufficient service."
be amended by inserting the word "immediately" between the words "shall" and "deliver" in the second line of said section, and by striking the words "at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition and return the same to the clerk" and substituting "immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving," so that said section, when amended, will read:
"The clerk shall immediately deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving. Leaving a copy at defendant's residence shall be a sufficient service."
7. That Section 81-206 of the Code of 1933, which is:
"In all cases where the defendant or other party shall reside out of this state, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertsements are prnted, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the next term of the court, and shall bear teste in the name of the judge and shall be signed by the clerk of said court."
be amended by striking the words "in all cases" and substituting "in all actions for divorce," and by striking the words "or other party" and by striking the word "person" and substituting "defendant," all in the first sentence thereof, so that section, when amended, will read:
"In all actions for divorce where the defendant shall reside out of this state, and it shall be necessary to perfect service upon such defendant by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the party to be thus served, commanding

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him to be and appear at the next term of the court, and shall bear teste in the name of the judge and shall be signed by the clerk of said court."
8. That Section 81-207 of the Code of 1933, which is:
"In all cases where the residence or abiding place of the absent or non-resident party is known the party obtaining the order shall file in the office of the clerk, at least 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process and order of publication, out of the state, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit or otherwise."
be amended by striking the words "in all cases" and substituting "in all actions for divorce" in the first line, and by striking the word "party" and substituting the word "defendant" in the second line, so that said section, when amended, will read:
"In all actions for divorce, where the residence or abiding place of the absent or non-resident defendant is known, the party obtaining the order shall file in the office of the clerk, at leas~ 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the state, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit or otherwise."
9. That there be adopted, prescribed and enacted, to become a part of Chapter 81 of the Code of 1933, and to be construed as immediately following Section 81-207 of said code, the following:
"In all cases, other than actions for divorce, where service by publication is permitted under the law and where the defendant or other party shall reside out of this state, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least 7 days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which action is pending within 60 days of the date of the order for service by publication, and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. The date upon which the non-resident is called upon to appear shall be the appearance day of the case."

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10. That there be adopted, prescribed and enacted to become a part of Chapter 81 of the Code of 1933 and to be construed as immediately following the matter contained in the preceding paragraph of this report, the following:
"In all cases provided for in the foregoing section, where the residence or abiding place of the absent or non-resident is known, the party obtaining the order shall fine in the office of the clerk, within fifteen days after the date of the order for service by publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the state, shall be equivalent to deposit in the post office when proved to the satisfaction of the judge by affidavit or otherwise."

11. That Section 81-218 of the Code of 1933, which is:
"Whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term."
be amended by inserting before the beginning of said section "As to all classes of cases where there is or shall be an appearance term," so th~t said section, when amended, will read:
"As to all classes of cases where there is or shall be an appearance term, whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term."
12. That Section 81-301 of the Code of 1933, which is:
"A defendant may either demur, plead or answer to the petition, or may file one ur more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas shall be filed at the first term."
by striking the last sentence thereof and substituting: "All demurrers and pleas of the defendant shall be filed on or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed," so that said section, when amended, will read:
"A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas of the defendant shall be filed on or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed."

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357

13. That Section 81-305 of the Code of 1933, which is:
"In all cases where the defendant has been served with petition and process, he shall appear at the court to which such process is made returnable, and make his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defense."
be amended by striking the words "he shall appear at the court to which such process is made returnable, and make" and substituting "he shall file with the clerk of the court in which the suit is pending, and within the time required by such process," so that said section, when amended, will read:
"In all cases where the defendant has been served with petition and process, he shall file with the clerk of the court in which the suit is pending, and within the time required by such process, his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defense."
14. That Section 81-403 of the Code of 1933, which is:
"No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof, and shall be filed at the first term."
be repealed, and in lieu thereof there be adopted, prescribed, and substituted:
I
"No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof. All dilatory pleas must be filed on or before the time stated in the process as the appearance day."
15. That Section 81-1001 of the Code of 1933, which is:
"The judge at each regular term of the superior court shall call all cases on the appearance docket, and hear and decide all objections made to the sufficiency of petitions and pleas, and may by order dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of law, unless the defect shall be cured by amendment; the court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment."
be repealed and in lieu thereof there be adopted, prescribed, and substituted:
"The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas and may, by order, dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may be had at any place in the circuit after due notice to attorneys for the parties."

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16. That Section 81-1002 of the Code of 1933, which is:
"In all cases demurrer, pleas and answer shall be disposed of i1. the order named, and all demurrers and pleas shall be determined at the first term unless continued by the court or by consent of parties. In equity cases, however, where extraordinary relief is sought, the trial court may hear, pass upon and determine all demurrers in such causes at any interlocutory hearing before the appearance or first term."
be amended by inserting immediately after the words "first term" in the first sentence "unless previously disposed of in accordance with Section 81-1001, or," and by striking the last sentence, so that said section, when amended, will read:
"In all cases demurrer, pleas and answer shall be disposed of in the order named, and all demurrers and pleas shall be determined at the first term, unless previously disposed of in accordance with Section 81-1001, or unless continued by the court or by consent of parties."
17. That Section One of the act of the General Assembly approved March 28, 1935, entitled:
"An act to regulate procedure in the courts of this state by providing for the trial of all cases at the first or appearance term where the parties consent thereto; by ratifying and confirming all verdicts and judgments rendered in divorce cases heretofore tried and rendered by parties at the first or appearance term of any court; providing a period of limitation within which the defendant in any divorce case tried at the first or appearance term shall move to set aside the verdict or judgment therein rendered; and for other purposes," which Section One is:
"That all cases, whether at law or in equity, in the courts of this state may be tried at the first or appearance term, provided the same is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court."
be stricken, and in lieu thereof there be adopted, prescribed and substituted:
"Any action for divorce in the courts of this state may be tried at the first or appearance term, provided it is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court. All other cases, whether at law or in equity in the courts of this state, shall be in order for trial at the term to which they are returnable."
18. That Section 110-401 of the Code of 1933, which is:
"In all cases, the judge at each term shall call the appearance docket upon some day previously fixed or on the last day of the term, and upon such call all cases in which the defendant has not filed a demurrer, plea, answer, or other defense shall be marked 'in default' on the docket. Such entry on the docket shall be considered a judgment by default, without a formal entry thereof, and the plaintiff's claim, allegation, or demand shall be tried in all cases of default by a jury, except as provided elsewhere in this code; but no such trial shall in any case be had at the first term, unless specially provided for by law."

SATURDAY, JANUARY 26, 1946

359

be repealed, and in lieu thereof there be adopted and prescribed:
"If any case is not answered on or before its appearance day, such case shall automatically become in default unless the time has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days after the appearance day, upon the payment of costs. If the case is still in default, the plaintiff, at any time on or after the first day of the term to which the case is returnable, shall be entitled to verdict and judgment by default as if every item and paragraph of the petition were supported by proper evidence, and his claim, allegation or demand may at any time thereafter be tried without the intervention of a jury unless the suit is one for unliquidated damages, whether ex contractu or ex delicto, in either of which events the plaintiff shall be required to introduce evidence and establish the amount of damages before a jury, and the defendant may contest the amount of such damages before a jury, with the right to move for a new trial in respect to such damages, and also to except as in other cases. Such trial may in any case be held at any time on or after the first day of such term.
19. That Section 110-402 of the Code of 1933, which is:
"At any time within 30 days after the entry of 'default,' the defendant, upon payment of all costs which shall have accrued, shall be allowed to open the default and file his defense by demurrer, plea, or answer."
be repealed.
20. That Section 110-403 of the Code of 1933, which is:
"If the default is not opened as provided in the preceding section, the plaintiff shall be entitled, at the trial term, to take a verdict or judgment as the case may require. In all cases, except actions for unliquidated damages and suits on unconditional contracts in writing, the plaintiff shall be permitted to take a verdict as if every item and paragraph of the petition were supported by proper evidence."
be repealed.
21. That Section 110-404 of the Code of 1933, which 1s:
"At the trial term the judge, in his discretion, upon payment of costs, may allow the default to be open for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial."
be amended by striking the opening words, "At the trial term" and substituting "At any time before final judgment," so that said section, when amended, will read:
"At any time before final judgment, the judge, in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to

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be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial."

22. That Section 110-405 of the Code of 1933, which is:

"In all cases where the damages are not liquidated and a judgment by default is

entered, the plaintiff shall be required to introduce evidence and establish the amount

of damages. The defendant may contest the amount of such damages before the jury

with a right to move for a new trial in respect to such damages and to except as in

other cases."

be repealed.

23. That Section 110-406 of the Code of 1933, which is:

"The court shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath or affirmation at the first term."

be repealed, and in lieu thereof there be adopted, prescribed and substituted:

"The court, at the term at which the case is returnable, shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing where an issuable defense is not filed under oath or affirmation on or before the appearance day as to such case, and where the case is still in default."

24. That there be adopted, prescribed and enacted the following:

"Nothing in this section of these rules shall repeal or affect the mode of any special statutory proceeding, such as the foreclosure of liens and mortgages, proceedings to eject tenants and intuders, claims and illegalities, mandamus, quo warranto, prohibition, habeas corpus, establishment of lost papers, petitions to the judge of the superior court at chambers, nor other special proceedings of like nature, nor the fictitious forms of pleading in ejectment, nor change the existing law or procedure as to alimony or divorce cases."

25. That there be adopted, prescribed, and enacted the following:

"The provisions of this section of these rules shall apply to all suits in the superior courts of this state except those proceedings specifically excepted in Paragraph
24 hereof, and shall also apply to all matters pertaining to service, pleading and
practice in cases in city.. courts where not inconsistent with the acts creating such city courts or acts amendatory thereof."

26. That Section 61-114 of the Code of 1933, which is:

"All contracts for rent shall bear interest from the time the rent 1s due, and judgments upon suits for rent may be rendered at the first term."
be amended by striking the words "and judgments upon suits for rent may be rendered at the first term," so that said section, when amended, will read:
"_\II contracts for rent shall bear interest from the time the rent is due."

SATURDAY, JANUARY 26, 1946

361

The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:

Alapaha Circuit ----------------------------------------------H. W. Nelson, Adel
Albany Circuit ------------------------------------------------Sam S. Bennet, Albany Atlanta Circuit________________________________________________ Pope F. Brock, Atlanta

F. M. Bird, Atlanta
D. F. McClatchey, Atlanta
Atlantic Circuit ----------------------------------------------1 T. Grice, Glennville Augusta Circuit ----------------------------------------------W. Inman Curry, Augusta
J os. B. Cumming, Augusta Blue Ridge Circuit__________________________________________A, J. Henderson, Canton

J. H. Hawkins, Marietta Brunswick Circuit__________________________________________Charles L. Gowen, Brunswick

Chattahoochee Circuit------------------------------------Frank D. Foley, Columbus

Robert M. Arnold, Columbus

Cherokee Circuit --------------------------------------------E. S. Ault, Cartersville Cordele Circuit ----------------------------------------------George W. Williams, Cordele Coweta Circuit________________________________________________W, S. Allen, Greenville

Dublin Circuit ------------------------------------------------R. Earl Camp, Dublin
Eastern Circuit ----------------------------------------------T. M. Cunningham, Savannah E. H. Abrahams, Savannah
Flint Circuit----------------------------------------------------G. Ogden Persons, Forsyth
Griffin Circuit -----------------------------------------------_L P. Goodrich, Griffin
Macon Circuit ------------------------------------------------John B. Harris, Macon Harry S. Strozier, Macon
Middle Circuit________________________________________________ E, W. Jordan, Sandersville

Northeastern Circuit...-----------------------------------Joseph G. Collins, Gainesville Northern Circuit--------------------------------------------Raymonde Stapleton, Elberton Ocmulgee Circuit____________________________________________ Miles W. Lewis, Greensbore Oconee Circuit________________________________________________W, S. Mann, McRae

Ogeechee Circuit --------------------------------------------Fred T. Lanier, Statesboro Pataula Circuit------------------------------------------------C. W. W orrill, Cuthbert Piedmont Circuit____________________________________________Clifford Pratt, Winder
Marvin A. Allison, Lawrenceville Rome Circuit --------------------------------------------------Dean Owens, Rome Southern Circuit --------------------------------------------Orner W. Franklin, Valdosta Southwestern Circuit______________________________________W, W. Dykes, Americus Stone Mountain Circuit________________________________ B. Hugh Burgess, Decatur Tallapoosa Circuit__________________________________________ Hall C. Hutchens, Dallas

Tifton Circuit ------------------------------------------------W. C. Forehand, Sylvester Toombs Circuit ----------------------------------------------Earle Norman, Washington Waycross Circuit___________________________________________.Larry E. Pedrick, Waycross Western Circuit______________________________________________Abit Nix, Athens

Ex-Officio ------------------------------------------------------Charles J. Bloch, Macon

(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)

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JOURNAL OF THE SENATE,

Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same circuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died, and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, removed his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.

Respectfully submitted,

Charles J. Bloch,

Attest:

Chairman.

Mrs. Grant Williams,

Secretary.

Filed in office January 9, 1946.

K. C. Bleckley,

Clerk, Supreme Court of Georgia.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report as filed in this office on January 9, 1946.

K. C. Bleckley,

(SEAL]

Clerk, Supreme Court of Georgia.

The amendment was adopted.

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

On the passage of the resolution, the ayes were 28, nays 0.

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

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and others:
A bill to amend the State Hospital Authority Act to authorize the issuance of $7,000 in refunding certificates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, 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 Monday morning.

lVIONDAY, JANUARY 28, 1946

363

Senate Chamber, Atlanta, Georgia, Monday, January 28, 1946.
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 Saturday'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 resolutions.
2. Reports of standing committees.
3. Consideration of local uncontested bills and resolutions.
4. Consideration of general bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
By Senator Gould of the 4th: A resolution requesting the United States Government to continue permit allowing Georgia National Guard the use of Blythe Island Military Reservation.
WHEREAS, for the past many years the United States Government has owned, for the benefit if the people, that body of land situated in Glynn county, Georgia, and known as Blythe Island Military Reservation; and
WHEREAS, for twenty years or more the National Guard of Georgia has been permitted by the War Department to use this property for training purposes, and has at this time costly improvements thereon, which were constructed at no expense to the United States Government; and
WHEREAS, the use of this property is essential for the proper training of the National Guard of Georgia;
BE IT THEREFORE RESOLVED, that this Senate request of the appropriate United States authorities that the Blythe Island Military Reservation be retained by the United States Government and that the War Deparment continue the permit to the State of Georgia allowing the use of said property by the Georgia National Guard.

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Mr. Drinkard of the 29th district, chairman of the Committee on Enrollment, submitted the following report:
.l\.1r. President: Your Committee on Enrollment 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 Governor:
SB 262 SR 63 SB 257 SB 282 SR 67 SB 276 SB 279 SB 288 SB 238 SB 222 SB 254 SB 243 SB 273 SB 293 SB 252 SB 219 SB 255 SB 253 SR 13 SB 251 SR 20 SB 270 SB 283 SB 246 SB 259

MONDAY, JANUARY 28, 1946

365

SB 281 SB 295 SB 258 SB 247 SB 272 SB 256 SB 271 SB 142 SB 235 SB 260 SB 284 SB 274

Respectfully submitted, Drinkard of 29th district,

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 followbill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 765. Do Pass as Amended
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 House and Senate and have instructed me as chairman, to report the same back to the Senate with the following recommendations:
HB 663. Do Pass
HB 658. Do Pass

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JOURNAL OF THE SENATE,

HB 749. Do Pass HB 640. Do Pass HB 631. Do Pass HB 776. Do Pass HB 727. Do Pass HB 731. Do Pass HB 479. Do Pass SB 275. Do Pass

Respectfully submitted, Welsch of 39th 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 House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 798. Do Pass

Respectfully submitted,

Gould of 4th 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 789. Do Pass
Respectfully submitted,
Moate of 20th district,
Chairman.

MONDAY, JANUARY 28, 1946

367

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 follow-
bill of the House and have instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 667. Do Pass as Amended Respectfully submitted, Freeman of 22nd distri\=t, 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 Senate to wit:
SB 243. By Senator Walker of the 45th: A bill to be entitled an act to amend and revise the charter of the City of Fitzgerald; and for other purposes.
SB 270. By Senator Millican of the 52nd: A bill to be entitled an act to amend the act approved March 15, 1943, entitled "An act to create a Civil Service Board in Fulton County"; and for other purposes.
SB 273. By Senator Hodges of the 26th: A bill to be entitled an act to create a new charter for the City of Jackson and define the corporate limits; and for other purposes.
SB 274. By Senator Minchew of the 5th: A bill to be entitled an act to fix the salary of the Commissioner of Atkinson county at $1,800 per annum; and for other purposes.
SB 276. By Senator Rainey of the 11th: A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.
SB 281. 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 employees of the Department of Law shall be placed under the civil service; and for other purposes.

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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 requisite constitutional majority the following bills of the Senate to wit:
SB 284. By Senators Mavity of the 44th, and Freeman of the 22nd:
A bill to be entitled an act to create and provide for a State Board of Corrections to be composed of five members to be appointed by the governor; to provide for terms of members thereof and for compensation of the members; to provide for the appointment of a Director of Corrections; to define the jurisdiction, powers and duties, etc.; and for other purposes.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act approved March 9, 1945, "An act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes, by adding in the fourth line of Section 1 of said act, after the words 'United States,' the following words, 'or of any of the other United Nations',"; 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 238. By Senator Daves of the 14th:
A bill to be entitled an act authorizing and directing the Commissioner of Roads and Revenues of counties having a population of not less than 16,880
or more than 16,890 to pay to the sheriffs of such counties the sum of $75.00
per month in addition to the fees and compensation now paid to said sheriffs; and for other purposes.

SB 246. By Senator Drake of the 8th:
A bill to be entitled an act to change the time of holding the Superior Court of Seminole county from the third Mondays in April and October of each year to the second Mondays in January and July of each year; to fix the relation of pending proceedings; to provide for the jurors drawn to serve at the changed terms, etc.; and for other purposes.
SB 255. By Senator Millican of the 52nd:
A bill to be entitled an act to provide the method of fixing the salaries of court bailiffs appointed by the judges in counties having a population of two hundred thousand or more; and for other purposes.

MONDAY, JANUARY 28, 1946

369

SB 254. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the penal amount of bonds required to clerks of superior courts in counties having a population of more than two hundred thousand, according to the last or any future census; and for other purposes.

SB 259. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide that counties having a population of more than two hundred thousand (200,000) by the United States Census of 1920 shall furnish aid and relief and pensions to regular members of the county police departments; and for other purposes.
SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to authorize and permit a supplement to the salaries of the judge and of the solicitor general of the Atlantic Judicial Circuit; to provide for the method of paying said supplement; and for other purposes.
SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend Civil Service Law in cities with 150,000 population; and for other purposes.

SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend Civil Service in cities of 200,000 or more; 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 resolutions of the Senate to wit:
SR 20. By Senators Gross of the 31st and Harrell of the 7th:
A resolution to authorize the State Properties Commission to sell two acres of land, more or less, located in the 8th District of Muscogee county, Georgia; to provide for method of sale; to authorize the State Properties Commission to execute and deliver a deed of conveyance to the purchaser conveying said tract of land ; and for other purposes.

SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor, acting for and on behalf of the State of Georgia, to trade certain land owned by the state for 1210 acres, more or less, adjoining the State Park in Dade county; and for other purposes.

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JOURNAL OF THE SENATE,

SR 67. By Senators Freeman of the 22nd and Harrell of the 7th:
A resolution directing the secretary of the Senate and the clerk of the House to include as an appendix to the Journal of the Senate and the Journal of the House the reports of the Senate-House Committee o~ Institutions.
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 resolutions of the House to wit:
HR 164. By Messrs. Gowen of Glynn, and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.

HR 165. By Messrs. Gowen of Glynn, and Hicks of Floyd:
A resolution to ratify and confirm rules of procedure and pleading and practice in civil proceedings in the courts of this state, to ratify and confirm the date on which the said rules of practice and procedure shall become effective; 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 resolution of the House to wit:
HR 191. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and others.
A resolution providing for a committee to make a study of highway legislation; and for other purposes. And the speaker has appointed on the part of the House the following: Messrs. Weaver of Bibb, Cates of Burke, and Matthews of Peach.

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 192. By Messrs. Ray of Warren, Durden of Dougherty, Smith of Emanuel and others:

MONDAY, JANUARY 28, 1946

371

A resolution resolving that the House of Representatives, the Senate concurring in a separate resolution, that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our congressional delegation, use their best efforts to speedily and effectively cause the negotiations for the transfer of Battey General Hospital, etc.; 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 Senate to wit:
SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act entitled "An act to amend an act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof; and for other purposes;" and in particular the acts amendatory thereof adopted July 27, 1929 (Georgia Laws, 1929, page 818, et seq.), and the act approved August 27, 1931 (Georgia Laws, 1931, page 651, et seq.); 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 256. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to create a Board of Commissioners of Roads and Revenue for the County of Fulton so as to provide that the commissioners whose terms expire December 31, 1946, shall be elected for a term to begin January 1, 1947, and end 'December 31, 1948, and to provide that their successors shall be elected quadrennially thereafter; and for other purposes.
SB 293. 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 in particular the act approved March 20, 1939 (Ga. Laws, 1939, page 841, et seq.) ; and for other purposes.
SB 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph 4 of Section 1 of Article 7 of the Constitution of this state in reference to exemption from taxation of certain property therein described; and for other purposes.

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JOURNAL OF THE SENATE,

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend Section 34 (B) of the act of the General Assembly, approved January 3, 1938 (Ga. Laws, 1937-38, Extraordinary Session, pages 77-103), as amended by the act approved March 8, 1945 (Ga. Laws, 1945, pages 270-275), relating to the procedure for granting tax refunds and interest thereon, by adding at the end of said Section 34 (B) a proviso fixing the date within which the State Revenue Commission is authorized to pay interest on tax refunds; 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 Senate to wit:
SB 272. By Senators Stone of the 15th, Gould of the 4th, and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed services of the United States to deduct up to $1,500 of compensation for such services from gross income in income tax return; to exempt such persons from payment of penalties for failure to file income tax returns; to extend time for such persons to file income tax returns; etc.; 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 as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 253. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize and direct the Commissioners of Roads and Revenues or other county authorities in all counties in the State of Georgia having a population of not less than 200,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the ordinary in each county a salary of $9,000.00 per annum; 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 as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 260. By Senators Grayson of the 1st, Harrell of the 7th, and Millican of the 52nd:

MONDAY, JANUARY 28, 1946

373

A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; and for other purposes.
The following resolutions were read and adopted:
SR 73. By Senators Gross of the 31st, Peebles of the 18th, Johnson of the 24th, and Millican of the 52nd:
A resolution providing for the pay allowance per diem of the secretary of the Senate, and attaches, following the period of sine die adjournment.
SR 74. By Senator Millican of the 52nd:
A resolution providing for pay allowance for the president of the Senate, and two secretaries for two weeks, following the period of sine die adjournment.

SR 75. By Senator Gross of the 31st:
A resolution of the Senate, the House concurring, that the governor appoint two members of the General Assembly to make a tour of war countries of Europe and report to the next session of the General Assembly.

SR 76. By Senator Norton of the 33rd:
A resolution by the Senate that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our congressional delegation, use their best efforts to cause the negotiation for transfer of Battey General Hospital to the State of Georgia.

The following local bills of the House were read the third time and put upon their passage:
HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike, and Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salary of the court reporter in the Griffin 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.
The bill, having received the requisite constitutional majority, was passed.

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide for method of distributing fines and forfeitures in Dodge county courts to the officers of the court; and for other purposes.

374

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, Bloodworth
and Wilson of Bibb, Connerat, MeNall and Alexander of Chatham, Harris, Holley and King of Richmond, Weaver of Bibb, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the levy of a tax of a stated mileage in counties of over 80,000 population without specifying the percentage levied for any stated 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 806. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond county to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The president presented to the Senate a Glynn county delegation, Hon. R. A. Gould, chairman County Commissioners, Brunswick, Georgia; Hon. Arthur Huston, chairman Glynn county Selective Service Board, Brunswick, Georgia; Hon. Paul Killian, manager Brunswick Water Works, Brunswick, Georgia.

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 Senate amendment to the following resolution of the House to wit:
HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department.

MONDAY, JANUARY 28, 1946

375

The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
Mr. President:
The House insists on its position on the following resolution of the House to wit:
HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others: A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.
And the speaker has appointed as a committee of conference on the part of the House the following:
Messrs: Gowen of Glynn, Hand of Mitchell and Smith of Emanuel.

The following general bills of the House were read the third time and put upon their passage:
HB 802. By Messrs. Hardy and Lancaste~ of Hall, Looper of Dawson, Holbrook of Forsyth, Hefner of Pickens, and Sparks of Towns:
A bill to be entitled an act to provide for the purchase and use of sulfaquanadine and sulfa-thiozol by poultry flock owners and dealers in poultry supplies; and for other purposes.
The report 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 359. By Messrs. Hand and Twitty of Mitchell, and Hart of Thomas:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions, to promulgate, administer, and enforce airport zoning regulations and to provide for the acquisition of airports; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; and for other purposes.

376

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pass~ge of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 731. By Messrs. Maund of Tolbert, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Code Section 59-120 to provide court
bailiffs and jurors pay shall be not less than $2 nor to exceed $6 per day;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill; was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 479. By Mr. Hicks of Floyd.
A bill to be entitled an act to provide that a plea of nole contendere may be entered in all criminal cases in this state and to provide for the effect of such plea; and for other purposes.
The report 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 5.
The bill, having received the requisite constitutional majority, was passed.

HB 368. By Mr. Hand of Mitchell, and others:
A bill to be entitled an act to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of planning boards and board of adjustment; and for other purposes.
The report 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 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed $200; and for other purposes.

MONDAY, JANUARY 28, 1946

377

The report 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 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation; and for other purposes.
The report 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 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 749. By Messrs. Bloodworth, Wilson and Weaver of Bibb:
A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.
The report 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 484. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend Code Section 13-2023 so as to remove the limitation as to the amount of Federal Farm Loan Bonds that may be subscribed for by any bank; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

378

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 361. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an act to authorize the governing authority of the several counties to enact and enforce 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 684. By Mr. Durden of Dougherty: A bill to be entitled an act to amend Section 32-3701 of the Code of Georgia, 1933, as amended, relating to the purpose for which counties may levy taxes, so as to provide what purposes for which counties may levy taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn: A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property 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 27, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 793. By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether, and Greer of Lanier:
A bill to be entitled an act to amend Chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity with the provision of the new Constitution; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, JANUARY 28, 1946

379

On the passage of the bill, the ayes were 32, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union, and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mine, Mining and Geology and the Department of State Parks, Historic Sites and Monuments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 3.
The bill, having received the requisite constitutional majority, was passed.

HB 648. By Messrs. Key of Jasper, Connell of Lowndes, and others:
A bill to be entitled an act to provide a retirement fund for judges 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days notice by publication for the election of trustees; and for o.ther purposes.
The report 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 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast; and for other purposes.
The Committee on State of Republic offered the following amendment:

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JOURNAL OF THE SENATE,

By striking Section I of said bill and inserting in lieu thereof the following:
"Section I. That Section 87-203 of the Code of Georgia of 1933, relating to the requisite majority required for the issuance of bonds, is hereby repealed, and there is enacted in lieu thereof the following:
"'87-203. When said notice shall have been given and said election held in accordance with the preceding section, it the requisite majority of the qualified voters as provided by the Constitution vote in favor of said bonds in said election, then the authority to issue the bonds in accordance with Paragraphs I and II, Section VII, Article VII of the Constitution is hereby given to the proper officers of said county, municipality, or political division.' "
By striking Section II of said bill, and inserting in lieu thereof the following:
"Section II. That Section 87-204 of the Code of Georgia of 1933, relating to the method of ascertaining the number of qualified voters voting for bond election, be and the same is hereby repealed in its entirety, and there is enacted in lieu thereof the following:
"'87-204. In determining the question whether or not the requisite number of the qualified voters in said county, municipality or political division voting at said election voted for bonds, the registration list made as provided by law shall be used.' "
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Millican of the 52nd asked unanimous consent that the Senate insist on its amendment to the following resolution of the House and that a committee of conference be appointed:'
HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department.
The motion prevailed, and the president appointed as a committee of conference on the part of the Senate:
Senators Millican of the 52nd, Daves of the 14th, and Branch of the 47th.
The following bills of the Senate were taken up for the purpose of considering House amendments thereto:
SB 253. By Senator Millican of the 52nd: A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000.00 per year; and for other purposes.

MONDAY, JANUARY 28, 1946

381

The House amendment was as follows:
By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
Amend the caption of the bill by striking the figures "$9,000.00" and inserting in lieu thereof the figures "$8,000.00"; and adding to said caption the words, "however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county, to such sum as in the judgment of said commissioners shall be proper"; and inserting after the words "to pay to the" in said caption the words '\heriff, clerk of the superior court, tax collector, and tax receiver," and by eliminating. from said caption the word "ordinary."
Amend Section 1 by inserting after the words "pay to the" in said section, the words "sheriff, clerk of the superior court, tax collector and tax receiver," and eliminating from said section the word "ordinary."
Further amend said Section 1 by striking the figures "$9,000.00" in said section, and inserting in lieu thereof the figures "$8,000.00," so that said act when so amended shall read as follows:
"An act to authorize and direct the Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditure of county funds in all counties in the State of Georgia having a population of not less than 200,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the sheriff, clerk of the superior court, tax colector, and tax receiver, in each such county a salary of $8,000.00 per annum; however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county to such sum as in the judgment of said commissioners shall be proper.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That from and after the passage and approval of this act, the commissioner or commissioners of roads and revenues or other authority having control of the expenditure of county funds, in all counties of the State of Georgia, having a population of not less than 200,000 by the Federal Census of 1940, or any future Federal Census, is authorized and directed to pay to the sheriff, clerk of the superior court, tax collector and tax receiver, to each such county an annual salary of $8,000.00, payable in equal monthly installments; however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county to such sum as in the judgment of said commissioners shall be proper.
Section 2. Be it further enacted that this act shall become effective immediately upon its passage and approval.
Section 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.
Senator Millican of the 52nd moved that the Senate concur in the House amendment.
On the motion to concur, the ayes were 30, nays 0, and the amendment was concurred in.

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JOURNAL OF THE SENATE,

SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; and for other purposes.
The House amendment was as follows:
By Messrs. Weaver, Bloodworth and Wilson of Bibb:
To amend SB 260 by striking the caption of said bill and writing a new caption which shall read as follows:
"A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November, 1944, in any county, city or town of the state and who have not registered subsequent to said date and and who shall not hereafter register must qualify to vote; and to provide for the effective date of this act and providing that the provisions of said act shall not apply in any county of 200,000 or more population according to the 1940 Federal Census or any future Federal Census; and for other purposes."
To amend SB 260 by striking Section 1 and rewriting said section so that the same shall read as follows:
"Section 1. That all persons who, at the general election of November, 1944, in any county, city or town of the state who were not on the current qualified voters' list of said county, city or town or who have not registered since that time or who shall not hereafter register, shall, before voting at the next or any succeeding general or special election, first qualify by registering with the proper officials of the county, city or town of the state at least four (4) months before any such future general election and five ( 5) days before any such special election."
Senator Grayson of the 1st moved that the Senate concur in the House amendment, and the motion prevailed.
On the motion to concur, the ayes were 28, nays 0, and the amendment was concurred in.

The following resolution of the House was taken up for the purpose of considering the report of the committee on conference:
HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.
The conference committee report was as follows:

MONDAY, JANUARY 28, 1946

383

Mr. President:
Your committee on HR 147 wishes to advise the Senate that the members are unable to agree with the committee on conference from the House, as we have insisted on the position of the Senate and the House conferees insist on their position.
Respectfully submitted,
Millican of the 52nd, Branch of the 47th, Daves of the 14th.
By unammous consent the committee on conference on HR 147 was dissolved.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slum~ and acquire real property for redevelopment; and for other purposes.
The Committee on State of Republic offered the following amendment:
Amend Section III of HB 667 by striking Paragraph 5 of said Section III 111 its entirety and substituting for said Paragragh 5 the following paragraph:
"5. To make land so acquired available first to private enterprise and then, only in the event said land is not taken by private enterprise within 6 months after its availability, to public agencies (including sale, lease, or retention by the authority itself) in accordance with the redevelopment plan."
The amendment was adopted.
The Committee on State of Republic offered the following amendment:
Amend HB 667 by striking from Section 5 the following words in lines 2 and 3
of said section: "or other public agency designated by it or empowered by law so to act."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill a~ amended, was agreed to.
On the passage of the bill, the ayes were 31, nays I.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 765. By Me~srs. Connell of Lowndes, and Gowen of Glynn:
A bill to be entitled an act to provide terms upon which foreign corporations may do business in this state; to require filing of copy of charter with the Secretary of State and designation of an agent for service of process: and for other purposes.

384

JOURNAL OF THE SENATE,

The Committee on State of Republic offered the following amendment:
Amend HB 765 by adding thereto another section to be known as Section 6, and reading as follows :
Section 6. None of the provisions of this act shall apply to any foreign corporation which is now required by the laws of Georgia both to file a copy of its charter with the Comptroller General, or Insurance Commissioner, and to designate an agent for service.
The amendment was adopted.
Senator Harrell of the 7th offered the following amendment:
Amend HB 765 by striking the words "July 1, 1945," wherever they appear and inserting in lieu thereof the words "July 1, 1946."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Sealed communications were received from His Excellency, the Governor, through Hon. Ivan Allen, Jr., executive secretary.
Senator Millican of the 52nd asked unanimous consent that the Senate do now go into executive session for the purpose of considering sealed communications from His Excellency, the Governor, and the consent was granted.
The Senate went into executive session at 12:00 o'clock.
The following communications were dispatched to His Excellency, the Governor, through Mrs. Henry W. Nevin, secretary of the Senate:

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

January 28, 1946.

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you the confirmation of the following nominations:

Hon. I van Allen, Jr., of the County of Fulton, to be secretary of the executive department, for a term beginning August 22, 1945, and expiring at the pleasure of the governor. The vote on this confirmation was 41 to 0.

MONDAY, JANUARY 28, 1946

385

Miss Ella May Thornton, of the County of Fulton, to be state librarian for a term beginning January 6, 1946, and expiring January 6, 1950. The vote on this confirmation was 41 to 0.
Hon. W. S. Edwards, of the County of Baldwin, to be solicitor of the County Court of Baldwin county for an unexpired term beginning May 4, 1945, and expiring February 2, 1946; and for a full term beginning February 2, 1946, and expiring February 2, 1950. The vote on this confirmation was 41 to 0.
Hon. William Lowrey Stone, of the County of Early, to be solicitor of the City Court of Blakely for the unexpired term beginning August 23, 1945, and expiring January 1, 1949. The vote on this confirmation was 41 to 0.
Hon. Roy Segler, of the County of Thomas, to be judge of the City Court of Thomasville for a term beginning August 21, 1945, and expiring at the next general election. The vote on this confirmation was 41 to 0.
Hon. Paul F. Akin, of the County of Bartow, to be a member of the Judicial Council of Georgia for a term of three years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. Charles Bloch, of the County of Bibb, to be a member of the Judiciary Council of Georgia for a term of three years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. Henry H. West, judge of the Superior Courts of the Western Circuit, to be a member of the Judicial Council of Georgia for a term of two years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. David S. Atkinson, judge of the Superior Courts of the Eastern Circuit, to be a member of the Judicial Council of Georgia for a term of three years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. W. F. Jenkins, justice of the Supreme Court of Georgia, to be a member of the Judicial Council of Georgia for a term of two years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. B. C. Gardner, judge of the Court of Appeals of Georgia, to be a member of the Judicial Council of Georgia for a term of two years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. Maynard R. Ashworth, of the County of Muscogee, to be a member of the Judicial Council of Georgia for a term of three years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. J. L. Yaden, of the County of Colquitt, to be a member of the Judicial Council of Georgia for a term of one year beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. Rufus C. Harding, of the County of Stephens, to be a member of the Judicial Council of Georgia for a term of one year beginning April 27, 1945. Tht' vote on this confirmation was 41 to 0.

386

JOURNAL OF THE SENATE,

Hon. Winston S. Allen, of the County of Meriwether, to be a member of the Judicial Council of Georgia for a term of one year beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. A. S. Skelton, of the County of Hart, to be a member of the Judicial Council of Georgia for a term of one year beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. James M. Hull, of the County of Richmond, to be a member of the Judicial Council of Georgia for a term of two years beginning April 27, 1945. The vote on this confirmation was 41 to 0.
Hon. Robert Cowart, of the County of Coffee, to be a member of the Georgia Citizens Council for a term beginning January 17, 1946, and expiring July 1, 1948. The vote on this confirmation was 41 to 0.
Hon. Robert A. Burns, of the County of Spalding, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1946. The vote on this confirmation was 41 to 0.
Mrs. Ralph Butler, of the County of Paulding, to be a member of the Georgia gia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1946. The vote on this confirmation was 41 to 0.
Hon. Charles A. Collier, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1946. The vote on this confirmation was 41 to 0.
Mrs. Floyd W. McRae, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1946. The vote on this confirmation was 41 to 0.
Hon. Parks Huntt, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1946. The vote on this confirmation was 41 to 0.
Dr. Harmon W. Caldwell, of the County of Clarke, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1947. The vote on this confirmation was 41 to 0.
Dr. Josiah Crudup, of the County of Hall, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1947. The vote on this confirmation was 41 to 0.
l\!Irs. Frances Dwyer, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1947. The vote on this confirmation was 41 to 0.
Hon. Wilmer D. Lanier, of the County of Richmond, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1947. The vote on this confirmation was 41 to 0.

MONDAY, JANUARY 28, 1946

387

Mrs. Robert A. Long, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1947. The vote on this confirmation was 41 to 0.
Hon. Ed Davidson, of the County of l\iluscogee, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1948. The vote on this confirmation was 41 to 0.
Hon. William D. Ellis, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1948. The vote on this confirmation was 41 to 0.
Mrs. Elizabeth McWaters, of the County of Polk, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1948. The vote on this confirmation was 41 to 0.
Dr. Herman L. Turner, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1948. The vote on this confirmation was 41 to 0.
Hon. Morgan Blake, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1949. The vote on this confirmation was 41 to 0.
Hon. Julian V. Boehm, of the County of Fulton, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1949. The vote on this confirmation was 41 to 0.
Mrs. C.C. Sapp, of the County of Dougherty, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1949. The vote on this confirmation was 41 to 0.
Dr. L. M. Twiggs, of the County of Hall, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1949. The vote on this confirmation was 41 to 0.
Hon. William A. Watt, of the County of Thomas, to be a member of the Georgia Citizens Council for a term beginning July 1, 1945, and expiring July 1, 1949. The vote on this confirmation was 41 to 0.
Hon. J. C. Wise, Jr., of the County of Sumter, to be a member of the State Soil Conservation Committee for a term beginning May 16, 1945, and expiring as provided by law. The vote on this confirmation was 41 to 0.
Hon. T. B. Thornton, of the County of Hart, to be a member of the State Soil Conservation Committee for a term beginning May 16, 1945, and expiring as provided by law. The vote on this confirmation was 41 to 0.
Hon. George M. Bazemore, of the County of Ware, to be a member and chairman of the Oil and Gas Commission of Georgia for a term of six years beginning May 18, 1945. The vote on this confirmation was 41 to 0.

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JOURNAL OF THE SENATE,

Hon. Paul H. Ploeger, of the County of Mcintosh, to be a member of the Oil and Gas Commission of Georgia for a term of four years beginning May 18, 1945. The vote on this confirmation was 41 to 0.

Hon. Joseph A. Pope, of the County of Wheeler, to be a member of the Oil and Gas Commission of Georgia for a term of two years beginning May 18, 1945. The vote on this confirmation was 41 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, 1946, and expiring January 1, 1953. The vote on this confirmation was 41 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, 1946, and expiring January 1, 1953. The vote on this confirmation was 41 to 0.

Hon. Will C. Parker, of the County of Ware, to be a member of the State Board of Education, representing the Eighth Congressional District, for a term beginning January 1, 1946, and expiring January 1, 1953. The vote on this confirmation was 41 to 0.
Respectfully yours,

Mrs. Henry W. Nevin,

HWN:1w

Secretary of Senate.

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

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you the confirmation of the following nomination:

Hon. Edward B. Everett, of the County of Fulton, to be a member of the State
Board of Pardons and Paroles, succeeding himself, for a term beginning January 1, 1946, and expiring January 1, 1953. The vote on this confirmation was 41 to 0.

Respectfully yours,

Mrs. Henry W. Nevin,

HWN:1w

Secretary of Senate.

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

January 28, 1946.

Dear, Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you the confirmation of the following nomination:

MONDAY, JANUARY 28, 1946

389

Miss Sara Jones, of the County of Fulton, to be a member of the State Board for the Certification of Librarians, succeeding herself, for the term beginning January 1, 1946, and expiring December 31, 1950. The vote on this confirmation was 41 to 0.
Respectfully yours,

Mrs. Henry W. Nevin,

HWN:1w

Secretary of Senate.

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

January 28, 1946.

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you the confirmation of the following nominations:

Hon. W. C. Clary, of the County of Burke, to be a member of the State Board of Education, representing the First Congressional District, for a term beginning January 1, 1946, and expiring January 1, 1953. The vote on this confirmation was 41 to 0.

Hon. T. Grady Head, of the County of Catoosa, to be associate justice of the Supreme Court of Georgia, succeeding Hon. Warren Grice, deceased, for a term beginning August 22, 1945, and expiring at the next general election. The vote on this confirmation was 41 to 0.

Hon. Bond Almand, of the County of Fulton, to be judge of the Superior Courts of the Atlanta Judicial Circuit, succeeding Hon. Paul S. Etheridge, deceased, for a term beginning May 21, 1945, and expiring December 31, 1946. The vote on this confirmation was 41 to 0.

Hon. J. L. Renfroe, of the County of Bulloch, to be judge of the superior courts of the Ogeechee Circuit, for the unexpired term beginning May 21, 1945, and expiring December 31, 1946. The vote on this confirmation was 41 to 0.

Hon. J. Eugene Cook, of the County of Laurens, to be Attorney _General of the State of Georgia, succeeding Hon. T. Grady Head, resigned, for the unexpired term beginning August 22, 1945, and expiring January 12, 1947. The vote on this confirmation was 41 to 0.

Hon. Tom S. Candler, of the County of Union, to be the seventh justice of the Supreme Court of Georgia, for a term beginning August 22, 1945, and expiring December 31, 1946. The vote on this confirmation was 41 to 0.

Hon. Boyd Sloan, of the County of Hall, to be judge of the Northeastern Judicial Circuit, succeeding Hon. Tom S. Candler, resigned, for the unexpired term beginning August 22, 1945, and expiring December 31, 1946. The vote on this confirmation was 41 to 0.

390

JOURNAL OF THE SENATE,

Hon. E. Oren Smith, of the County of Muscogee, to be a member of the Georgia State Board for the Examination and Registration of Architects, succeeding himself, for the term beginning October 1, 1945, and expiring October 1, 1950. The vote on this confirmation was 41 to 0.
Hon. W. B. Horton, of the County of Floyd, to be a member of the State Board of Barber and Hairdresser Examiners, succeeding himself, for the term beginning November 9, 1945, and expiring November 9, 1948. The vote on this confirmation was 41 to 0.
Hon. T. A. Waters, of the County of Chatham, to be a member of the Georgia Real Estate Commission, succeeding himself, for the term beginning January 1, 1946, and expiring December 31, 1948. The vote on this confirmation was 41 to 0.
Dr. A. Scott Gibson, of the County of Upson, to be a member of the Georgia State Board of Examiners in Optometry, succeeding himself, for a term beginning September 6, 1946, and expiring September 6, 1949. The vote on this confirmation was 41 to 0.
Dr. W. R. Gilbert, of the County of Spalding, to be a member of the Georgia State Board of Examiners in Optometry, succeeding himself, for a term beginning September 6, 1946, and expiring September 6, 1949. The vote on this confirmation was 41 to 0.
Dr. ]. W. Palmer, of the County of Montgomery, to be a member of the State Board of Medical Examiners, succeeding himself, for the term beginning September I, 1946, and expiring September I, 1950. The vote on this confirmation was 41 to 0.

Dr. J\ilurdock Equen, of the County of Fulton, to be a member of the State Board of Medical Examiners, succeeding himself, for the term beginning September 1, 1946, and expiring September 1, 1950. The vote on this confirmation was 41 to 0.

Hon. C. E. Layton, of the County of Thomas, to be a member of the State Board of Registration for Professional Engineers and Surveyors, succeeding himself, for the term beginning June 1, 1946, and expiring June 1, 1951. The vote on this confirmation was 41 to 0.
Dr. E. H. Anderson, of the County of Chatham, to be a member of the Georgia Board of Chiropractic Examiners, succeeding himself, for a term beginning August 20, 1946, and expiring August 20, 1949. The vote on this confirmation was 41 to 0.
Hon. Charles W. Beasley, of the Co~nty of Fulton, to be a member of the State Board of Chiropody Examiners, succeeding himself, for the term beginning May 5, 1946, and expiring May 5, 1949. The vote on this confirmation was 41 to 0.

Dr. W. A. Hasty, of the County of Spalding, to be a member of the State Board of Osteopathic Examiners of Georgia, succeeding himself, for the term beginning September 10, 1945, and expiring September 10, 1948. The vote on this confirmation was 41 to 0.

MONDAY, JA~WARY 28, 1946

391

Dr. W. C. Holloway, of the County of Thomas, to be a member of the State Board of Osteopathic Examiners of Georgia, succeeding himself, for the term beginning September 10, 1945, and expiring September 10, 1948. The vote on this confirmation was 41 to 0.

Hon. 0. N. Mathis, of the County of Spalding, to be a member of the Georgia
State Board of Veterinary Examiners, succeeding himself, for the term beginning September 16, 1945, and expiring September 16, 1950. The vote on this confirmation was 41 to 0.

Hon. Alfred E. Garber, of the County of Fulton, to be a member of the State Board of Accountancy, succeeding himself, for a term beginning June 30, 1946, and expiring June 30, 1950. The vote on this confirmation was 41 to 0.

Dr. W. E. Brown, of the County of Coweta, to be a member of the Georgia Board of Chiropractic Examiners, succeeding himself, for a term beginning August 20, 1946, and expiring August 20, 1949. The vote on this confirmation was 41 to 0.

HWN:1w

Respectfully yours, :\:Irs. Henry W. Nevin, Secretary of Senate.

The executive sesswn was dissolved at 1 P. :VI. and the Senate reconvened m regular session.
Senator Millican of the 52nd moved that the Senate do now recess until 1 :45 p. m., and the motion prevailed.
The president announced the Senate recessed until 1 :45 p. m.
The Senate reconvened at 1 :45 p. m. and resumed the order of business.
The following resolutions of the House were read and adopted:
HR 172. By Messrs. Roughton of Washington and Smith of Bryan:
A resolution memorializing the Congress of the United States to prohibit the Office of Price Administration from placing discriminating price ceilings against Southern pulpwood growers; and for other purposes.

HR 160. By Messrs. Key of Jasper, Harris of Richmond, and Roughton on \Vashington:
A resolution urging congressmen and senators to exert every effort to correct the condition caused by the ceiling price in the 1946 cotton crop; and for other purposes.
HR 192. By Messrs. Ray of Warren, Durden of Dougherty, Smith of Emanuel, and others:
A resolution of the House, the Senate concurring, that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our congres-

392

JOURNAL OF THE SENATE,

sional delegation, use their best efforts to speedily and effectively cause negotiations for the 1:ransfer of Battey General Hospital to the State of Georgia; 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 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and blighted areas and prevent blight; and for other purposes.

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act esfablishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.

HB 765. 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 this state; 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 635. By Mr. Durden of Dougherty: A bill to be entitled an act to fix fees for clerks of the superior courts of this state; and for other purposes.

HB 644. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

HB 732. By Messrs. Freeman and Strickland of Upson, Gowen of Glynn, and others:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operation of hospitals; and for other purposes.

MONDAY, JANUARY 28, 1946

393

The following bill of the House was taken up for reconsideration:

HB 207. By Mr. Harris of Richmond, 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.

Senator Millican of the 52nd asked unanimous consent that the reading of thr bill be dispensed with.

The consent was granted.

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

Senator Causey of the 46th moved the ayes and nays 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 Battle Branch Caldwell Chastain Cook Daves Edwards

Hawes Hodges Holsenbeck Johnson McGinty Millican Minchew Moate

Moore Nix Peebles Turner of 34th Welker Wall Wellborn

Those voting in the negative were Senators:

Causey Deal Drinkard

Freeman Norton Rainey

Riley Sabados Welsch

Not voting were Senators: Bennett of the 17th, Bentley of the 25th, Brown of the 6th, Cloud of the 19th, Drake of the 8th, Edenfield of the 2nd, Gillis of the 16th, Gould of the 4th, Grayson of the 1st, Greene of the 21st, Harrell of the 12th, Harrell of the 7th, Hill of the 36th, Mavity of the 44th, Shedd of the 3rd, Slaughter of the 50th, Stone of the 15th, Turner of the 35th, and Yawn of the 48th.
Senator Millican of the 52nd asked unanimous consent that he be recorded as voting aye on the bill.

The consent was granted.

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

On the passage of the bill, the ayes were 23, nays 9.

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

Pursuant to a previous motion on yesterday, the following resolution of the House was brought up for reconsideration:

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JOURNAL OF THE SENATE,

HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
By striking in lines 9 and 10 the words "General Assembly upon nomination by a majority of the senators and the members of the House of Representatives" and inserting in lieu the following:

"Qualified voters of each congressional district in the same manner and under the same rules as members of the General Assembly are elected."

By striking two words in line 11, "of these," all of lines 12 and 13 and the first three words in line 14 and inserting in lieu "The term of each member shall be for a term of four years."

Senator Edwards of the 28th asked unammous consent that he vote aye on the amendment and the bill and retire.

The consent was granted.

Senator Cloud of the 19th asked unammous consent that he vote aye on the amendment and the bill and retire.

The consent was granted.

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Baggett Battle Branch Causey Cloud Cook Daves Deal Drinkard Edenfield Edwards Freeman Gillis

Gould Greene Hawes Hill Hodges Holsenbeck Johnson Mavity McGinty Millican Minchew Moate lVIoore

Nix Norton Rainey Riley Sabados Slaughter Stone Turner of 34th Walker Wall Welsch Wellborn

MONDAY, JANUARY 28, 1946

395

Those voting in the negative were Senators:

Brown Caldwell

Chastain Grayson

Peebles Turner of 35th

Not voting were Senators: Bennett of the 17th, Bentley of the 25th, Drake of the 8th, Harrell of the 12th, Harrell of the 7th, Shedd of the 3rd, 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 38, nays 6.

The resolutien, having received the requisite constitutionaf majority, was adopted

as amended.

Senator Freeman of the 22nd asked unanimous consent that the resolution he immediately transmitted to the House.

The consent was granted.

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

The following bills of the Senate were taken up for the purpose of considering House substitutes thereto:
SB 271. By Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs; and for other purposes.
The House offered the following substitute:
A bill to be entitled an act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control and eradication of pullorum disease and other con-tagious and infectious diseases of poultry; to provide for regulation and control of poultry remedies, and licensing of manufacturers thereof; to authorize regulations to enforce the provisions of this act; to require reports and statistical records covering

396

JOURNAL OF THE SENATE,

intrastate as well as interstate shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock or birds of any species; and for other purposes.
Section 1. 1. From and after passage of this act, the Georgia Poultry Improvement Associataion, Inc., shall be recognized and designated as the official state agency for administration of the National Poultry Improvement Plan and the National Turkey. Improvement Plan sponsored by the Bureau of Animal Industry, United States Department of Agriculture. Participation in the National Poultry Improvement Plan or the National Turkey Improvement Plan by hatcheries, R. 0. P. breeders, dealers and supply flock owners shall be voluntary and administrated and governed by the rules and regulations of the official state agency in conjunction with rules and regulations promulgated by the Bureau of Animal Industry, United States Department of Agriculture.
2. Nothing in this act shall be construed to establish a state plan of identification of hatcheries, dealers or supply flocks except as herein specified. The words "State Approved," State Tested" or words or phrases of similar implication and meaning shall not be used in advertising or in the sale or in offering for sale of hatching eggs, chicks, poults or breeding stock.
Section 2. 1. Regulations for control and eradication of pullorum disease shall be made following a joint hearing between the state veterinarian, State Department of Agriculture, and the official state agency. Requirements for pullorum testing and other sanitary measures shall be stipulated by the state veterinarian, State Department of Agriculture. In event that state regulations do not exist or apply, the minimum pullorum-control regulations of the official state agency shall be effective.
2. The State Department of Agriculture shall be authorized to quarantine and prohibit the sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock, or in any area within the state, or establish special regulations for prevention and spread of pullorum disease or other infectious and con.tagious diseases of poultry.
3. Appointment of qualified pullorum-testing agents and supervtswn of their field work shall be made by the State Department of Agriculture. Only persons who have demonstrated that they are capable of doing satisfactory testing work shall be so authorized.
Section 3. 1. Every person, firm or corporation who operates a hatchery, or dealer, shall first register and secure a license from the Commissioner of Agriculture. The fee for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July 1st to June 30th and shall be conspicuously displayed in each place of business. Cost of license shall not be prorated and licenses purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When any condition is revealed to exist which is not in strict accord with provisions of this act, the license may be revoked or suspended by the Commissioner of Agriculture, in his discretion.

MONDAY, jANUARY 28, 1946

397

2. Manufacturers of poultry remedies before offering for sale each of such remedies in the state of Georgia for treatment, eradication or control of poultry diseases, shall first secure a license from and be approved by the Commissioner of Agriculture, at his discretion. Fee for such license shall be $1.00 for each remedy.
Section 4. 1. Hatcheries, dealers or flock owners shall promptly report to the state veterinarian, State Department of Agriculture, the outbreak of any contagious or infectious disease affecting chicks, poults or breeding stock in their possession or in any flock producing hatching eggs.
2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced.
Section 5. 1. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the state veterinarian, State Department of Agriculture. Shippers shall be subject to investigation by the state veterinarian or other authorized person, to determine that hatching eggs, chicks, poults or poultry breeding stock have. been produced and handled under conditions no less adequate for control of pullorum disease and other contagious and infectious diseases of poultry than those required under Georgia regulations.
2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be (a) reported by the shipper to the state veterinarian, State Department of Agriculture, on official health certificates signed by the livestock sanitary official in the state of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other contagious and infectious diseases of poultry. Duplicate copy of the health department shall be attached to the waybill on each shipment. Or (b) reported to the state veterinarian, State Department of Agriculture, on official N. P. I. P'. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan or the National Turkey Improvement Plan.
Section 6. 1. Be it further enacted that nothing in this act shall be construed so as to in any manner limit the authority of the Commissioner of Agriculture to carry out, administer and enforce all laws, rules and regulations for the control and eradication of livestock and poultry diseases in this state.
Section 7. 1. Any person, firm or corporation found in violation of this act shall be guilty of a misdemeanor. The Commissioner of Agriculture may at his discretion confiscate, destroy or otherwise dispose of all hatching eggs, chicks, poults, poultry, breeding stock or birds of any species that are produced in the state or enter the state not in compliance with this act.
2. This act shall go into immediate force and effect.
Section 8. 1. Be it further enacted that each and every provision and section of this act is hereby separately enacted and each part of each section is hereby separately

398

JOURNAL OF THE SENATE,

eenacted and each part of each section is hereby declared a separate section, or part of section, and the holding of any section, or part thereof, to be unconstitutional or contrary to the laws of the State of Georgia, shall not affect any other section or part of this act; it being the expressed intention of the General Assembly of the State of Georgia in passing this act, that each part, section, or provision hereof shall be given full force and affect independent or any other part, section or provision. All laws or parts of laws in conflict therewith are hereby repealed.
Senator Norton of the 33rd moved that the Senate agree to the House substitute, and the motion prevailed.
On the motion to agree, the ayes were 27, nays 0, and the substitute was agreed to.

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 s4eets to the ordinaries; and for other purposes.
The House offered the following substitute for SB 142:

A BILL
To be entitled an act to repeal Chapter 34-14, Section 34-1401, Section 34-1402, and Section 34-1403, relating to blank forms, tally sheets and blank lists of voters, and certificates used in the holding of elections in their entirety, and to repeal Paragraph 7 of Section 40-601 of the Code of Georgia of 1933, relating to the duties of the Secretary of State as to furnishing forms of returns, certificates, directions and advise to the ordinaries with reference to holding elections and for other purposes; and substitute for said Paragraph 7 a new paragraph prescribing the duties of the Secretary of State with reference to furnishing all necessary forms for holding elections, and to enact a new paragraph to be known as Paragraph 7a and 7b; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Chapters 34-1401, 34-1402, and 34-1403 of the Code of Georgia of 1933 prescribing certain duties upon the governor relating to the furnishing of certain blank forms, tally sheets and blank lists of voters and certificates used in the holding of elections be and the same are hereby repealed in their entirety.
Section 2. That Paragraph 7 of Section 40-601 of the Code of Georgia, relating to the duties of the Secretary of State as to furnishing forms of returns, certificates, direction and advise to the ordinaries with reference to holding elections ,and for
other purposes be and the same is hereby repealed in its entirety.
Section 3. That in lieu of Paragraph 7 of said Section 40-601 of the Code of Georgia of 1933 a new paragraph to be known as Paragraph 7 is hereby enacted

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to read as follows: "The Secretary of State shall furnish each ordinary of the state the form of official ballot, all blank forms, including tally sheets, blank lists of voters, forms of returns, certificates and directions to be used in all elections for United States Senate, Governor, Electors of President' and Vice-President of the United States, Representatives to Congress, Secretary of State, State Treasurer, Comptroller General, Attorney General, State Superintendent of Schools, Supreme Court of Appeals, Judges of the Superior Court, Solicitors General, Public Service Commission, Commissioner of Labor, Members of the General Assembly, and County Officers. The Secretary of State shall certify to the respective ordinaries the names of all candidates for national and state offices who have qualified as such as provided in Section 34-1904 of the Code of Georgia and in case there are one or more persons purporting to represent the same political party or candidate it shall be the duty of the Secretary of State to determine such as issue. The ordinaries of the respective counties shall not be required to add any other names for national and state offices on the official ballot except upon a certificate of the Secretary of State.
7a. In any party polling less than 150,000 votes in Georgia in the last preceding general election for President of the United States, where contest exists as to the legal delegates to a national convention at which a nomination of candidate for the President of the United States is to be made, it shall be the duty of the Secretary of State to determine the issue and to certify the names of the legally elected delegates to the secretary of the national committee of the party interested.
7b. The Secretary of State shall provide and keep on hand a sufficient quantity of self-sealing envelopes of uniform appearance and suitable size, and a sufficient quantity of any of the forms above specified for use in the elections aforesaid. He shall furnish the respective ordinaries all of such forms as may be necessary, and they shall furnish all such forms as may be necessary to the justices of the peace at least five days before election day, and on failure to do so the ordinaries shall be subject to a fine not exceeding $100.00.
Section 4. All laws and parts of laws m conflict herewith be and the same are hereby repealed.
Senator Sabados of the lOth moved that the Senate agree to the House substitute.
On the motion to agree, the ayes were 34, nays 0, and the substitute was agreed to.

The following bill of the House was taken up for the purpose of considering the conference committee report:
HB 601: By Mr. Culpepper of Fayette and others:
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 mair.tenance at said home to be in lieu of pensions; and for other purposes.

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The conference committee report was as follows:
Mr. President: Mr. Speaker:
Your committee on conference on HB 601 have agreed and submit the following report:
The House and Senate both recede from their position on said bill and recommend that the following substitute be adopted, the same being attached hereto and made a part of this report.
Respectfully submitted,
Rainey of the 11th district, Freeman of the 22nd district,
On the Part of the Senate.
Culpepper of Fayette, Guyton of Effingham, Harrison of Jenkins,
On the Part of the House.

A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home to be in lieu of pensions; to provide that any widow not maintained at the Home shall continue to receive her pension from the state; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said Home for the additional uses prescribed in this act; to amend, revise and rewrite Section 78-216 of the Code of 1933 as amended by an act approved February 24, 1939 (Acts 1939, pp. 189-190), which said section fixes the amount and time of payment of pensions to Confederate soldiers and widows of Confederate soldiers, so as to provide that Confederate soldiers shall be paid a pension of seventy-five ($75.00) per month, payable on the first day of each month, and to provide that widows of Confederate soldiers shall be paid a,monthly pension of fifty ($50.00) per month, payable on the first day of each month; to provide that members eligible for this pension but who are inmates of the Confederate Home be paid five ($5.00) per month for incidental expenses; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same:
Section I. In addition to the accommodation provided for Confederate veterans at the Confederate Soldiers' Home of Georgia, from and after the passage of this act said Home shall be maintained also for any widows of Confederate veterans who

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may by law be entitled to receive pensions from the state on account of being such widows upon complying with the conditions and provisions prescribed hereinafter in this act.
Section II. Any widow of a Confederate veteran entitled to draw a pension from the state may be admitted to the Confederate Soldiers' Home of Georgia and be cared for, clothed, housed and fed at said Home at the expense of the state when such widow shall apply for admission and shall be approved for admission by the director of the State Division of Confederate Pensions and Records, provided any widow so admitted shall not at any time she is maintained at the home draw any pension from the state.
Section III. Any widow of a Confederate veteran entitled to draw a pension from the state who does not elect to be maintained at the Confederate Soldiers' Home of Georgia shall continue to receive the pension provided for her under the laws of Georgia.
Section IV. Authority is hereby conferred upon the State Department of Welfare to administer the Confederate Soldiers' Home of Georgia for the additional uses specified in this act and said department is charged with such duty and responsibility.
Section V. That Section 78-216 of the Code of 1933 as amended by an act approved February 24, 1939 (Acts 1939, pp. 189-190), fixing the amount and time of pensions payable to Confederate soldiers and widows of Confederate soldiers be, and said act is, amended, revised and rewritten so as to provide a monthly pension for Confederate soldiers in the sum of seventy-five ($75.00) dollars per month, and a monthly pension to widows of Confederate soldiers in the sum of fifty ($50.00) dollars per month, each payable on the first day of the month, so that said section as amended by the act of 1939 when so amended, revised and rewritten shall read as follows:
"78-216. Amount of pensions and time of payment. Confederate soldiers shall be paid a monthly pension of seventy-five ($75.00) dollars per month, on the first day of each month. Widows of Confederate soldiers shall be paid a monthly pension of fifty ($50.00) dollars per month, payable on the first day of each month. The several members eligible for this pension, but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given five ($5.00) dollars per month for incidental expenses."
Section VI. That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed.
Senator Freeman of the 22nd moved that the Senate adopt the report of th~ conference committee.
On the motion to adopt the report of the conference committee, the ayes were 30, nays 0, and the conference committee report was adopted.
The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:

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Mr. President:
The House has adopted the report of the conference committee to the following bill of the House to wit:
HB 601. By Mr. Culpepper of Fayette and others:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; and for other purposes.

The following communication was filed with the secretary:

HOUSE OF REPRESENTATIVES

ATLANTA, GA.
Honorable Frank C. Gross, President, Members of the Senate. Ladies and Gentlemen:

January 28, 1946.

Permit me to express to you my deep and keen appreciatiOn of the splendid resolution which you passed last week expressing confidence in my integrity upon the occasiOn of a scurrilous attack in a yellow sheet which was made upon me in the ,apitol.

You were very generous and kind and I shall ever remember each of you for this splendid action on your part.

Let me take this occasion to congratulate you upon the splendid job you have done during the fifteen-day session. The split session was an experiment, and I think that our work at this session amply justifies its continuation.

The program which has been enacted by the Legislature at this session is just a heginning. It is my conviction that the next session of the Legislature will carry this program forward at least another step and that all of us will live to be proud of the accomplishments at this session of the Legislature.

Let me thank you on the part of myself and the members of the House for the fine spirit of friendship and cooperation which has existed between the members of the House and members of the Senate during the present term. You are a great body of men and women and you have rendered Georgia a great service.

Upon adjournment I hope that when you return to your homes you will find your families well and that each of you will meet with every success.

With the best of wishes always, I am, RVH:sh

Sincerely yours, Roy V. Harris, Speaker.

MONDAY, JANUARY 28, 1946

403

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 Senate amendment to the following bill of the House to wit:
HB 780. By Mr. Durden of Dougherty: A bill to be entitled an act to amend Code Sections 87-203 and 87-204 .of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; 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 insists on its position to the following bill of the House to wit:
HB 780. By Mr. Durden of Dougherty: A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascer.tain the number of votes cast; and for other purposes.
And the speaker has appointed as a conference committee on the part of the House the following:
Messrs. Durden of Dougherty, Culpepper of Fayette, and Weaver of Bibb:
Senator Millican of the 52nd moved that the Senate insists on its position to the following bill of the House, and that a committee on conference be appointed:
HB 780. By Mr. Durden of Dougherty: A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast; and for other purposes.
The motion prevailed and the president appointed as a committee on conference:
Senators :McGinty of the 43rd, Freeman of the 22nd, and Johnson of the 24th.
The following resolutions of the House were read and adopted:
HR 197. By Mr. Durden of Dougherty: A resolution by the House, the Senate concurring, that committees be appointed by each House, to notify the Governor that the General Assembly has completed its work and is ready to adjourn sine die.

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JOURNAL OF THE SENATE,

The president appointed on the part of the Senate: Senators Turner of the 35th and Deal of the 49th:

HR 154. By Mr. Price of Clarke:
A resolution memorializing Chancellor Steadman V. Sanford, of the University System of Georgia.

HR 183. By Messrs. Williams and Hinson of Ware:
A resolution to name a highway leading to a part in the Okefenokee Swamp the "Vereen Bell Highway" in honor of the memory of the author 'of "Swamp Water"; and for other purposes.

The following resolutions of the House were read the third time and put upon their passage:
HR 166. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Hicks of Floyd, Fortson of Wilkes, Kennon of Cook, Connell of Lowndes, Smith of Emanuel, Ray of Warren, Phillips of Columbia, Lewis of Hancock, and Connerat of Chatham:
A resolution to authorize the Education Committee of the General Assembly to investigate and make recommendations pertaining to the public school system; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The president appointed on the part of the Senate:
Senators Gillis of the 16th and Holsenbeck of the 27th.
HR 168. By Messrs. Alexander, Connerat and McNall of Chatham, Gowen and Gilbert of Glynn; Claxton of Camden, and others:
A resolution authorizing the governor to appoint a Charles H. Herty Memorial Association to erect a monument on the capitol grounds; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

MONDAY, JANUARY 28, 1946

405

HR 191. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and others:
A resolution providing for a committee to mak:e a study of state highway legislation; and for other purposes.
Senator Sabados of the lOth asked unanimous consent that the resolution be tabled, and the consent was granted.

The following bill of the House was taken up for the purpose of considering the report of the committee on conference:
HB 780. By Mr. Durden of Dougherty and others:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast; and for other purposes.

The committee on conference offered the following report:
Mr. President: Mr. Speaker:
Your conference committee appointed on HB 780 have met and have been unable to agree and ask to be discharged.
Respectfully submitted,
McGinty of the 43rd, Johnson of the 24th, Freeman of the 22nd,
On the part of the Senate.
Durden of Dougherty, Weaver of Bibb, Culpepper of Fayette,
On the Part of the House.
By unanimous consent the committee on conference was dissolved.
The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
Mr. President:
The House has appointed a second conference committee to the following bill of the House to wit:
HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast; and for other purposes.

406

JOUR~AL OF THE SENATE,

And the speaker has appointed on the part of the House the followir.g: :VIessrs. Durden of Dougherty, Arnold of Spalding, and Bloodworth of Bibb.

The following reports of the Committee on Institutions were filed with the secretary:
September 27, 1945.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA,
THE HONORABLE FRANK GROSS, PRESIDENT OF THE SENATE,
THE HONORABLE ROY HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your joint Committee on Institutions has completed its inspections of all state institutions, and begs to submit the following report:
Your committee has visited each of the following institutions: Milledgeville State Hospital, Milledgeville; Confederate Home, Atlanta; Georgia Tech, Atlanta; Extension System, Atlanta; Georgia Evening College, Atlanta; Georgia Training School for Girls, Atlanta; Georgia Training School for Colored Girls, Macon; Georgia Teachers College, Statesboro; School for :Mental Defectives, Gracewood; Georgia Experiment Station, Griffin; West Georgia College, Carrollton; School for the Deaf, Cave Spring; Georgia State Woman's College, Valdosta; South Georgia College, Douglas; Abraham Baldwin College and the Coastal Plains Experiment Station, Tifton; Albany State College, Albany; Georgia Southwestern College, Americus; Middle Georgia College, Cochran; Fort Valley State College, Fort Valley; Academy for the Blind, Macon; State Penitentiary, Reidsville; Alto State Sanitarium, Alto; Georgia Vocational and Trades School, Clarkesville; North Georgia College, Dahlonega; University of Georgia, Athens; Georgia State College for Women, Milledgeville; Training School for Boys, Milledgeville; School of Medicine, Augusta; Experiment Station for Shade Grown Tobacco, Attapulgus; Georgia State College, Savannah; and the Herty Foundation Laboratory, Savannah.
At each institution your committee heard fully from the officials in charge and talked with students in the schools, patients and inmates at the institutions, and made every effort to determine not only the physical needs but also endeavored to ascertain whether or not the institutions were being properly operated. We attach hereto as exhibits detailed reports on each of the institutions.
To summarize our findings, we have found that it would require the sum of $27,796,775.00 to bring the physical properties of these institutions to the same level as those at which our sister Southern States maintain theirs. We have not undertaken to compare our institutions with those of the more wealthy Eastern and ;Middle Western States, but we do feel that the great State of Georgia should maintain its educational, eleemosynary, and penal institutions on at least the same standard as that used by our adjoining states.
We feel that the amount herein recommended for institutional building is the minimum amount necessary to bring our institutions to the proper level of service to

MONDAY, JA:'\UARY 28, 1946

407

which our people are entitled and to the standard of service of which our people will be proud.

To aid the committee in determining the needs of, and making recommendations for, the State Hospital at Milledgeville, the committee, in company with the director of Public Welfare and the superintendent of the State Hospital, has visited the mental institutions of Florida, Alabama, Tennessee, North Carolina, and South Carolina. The observations on these visits have been reflected in the report on the State Hospital, hereto attached.

If Georgia fails its youth now, it can expect them to continue to leave our state

for the greater opportunities that are present in the other states of the Union. The

only way to induce our youth to remain in Georgia is to provide good educational

facilities so that the boys and girls of Georgia may bring to industry, agriculture,

and thecprofessions the same edgree of skill and ability that is found in other sections

of our land.

,

The faculties in our schools and colleges are as able and fine as those in any state in the Union and the staffs at our other institutions have given bountifully of their services with only minimum monetary reward, but have remained at their posts because of their love for Georgia and their devotion to those under their care and instruction.

We believe Georgia could make no better investment than to finance promptly a comprehensive building program that would give our institutions the facilities "ith which to work.

Respectfully submitted,
FOR THE SENATE: William B. Freeman, Co-Chairman, Dr. W. H. Wall, J. J. Baggett, Wallace E. Harrell.

FOR THE HOUSE:
Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire, David Arnold, Otis Brumby, Jim Evitt, Jr., Ben W. Fortson, Jr.

408

JOURNAL OF THE SENATE,

Atlanta, Georgia,
April 5, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,
HON. FRANK GROSS, PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TECH
Your committee has completed its inspection of the Georgia School of Technology. The committee was very gratified to find that the president and his staff at Georgia Tech have prepared a comprehensive and detailed plan for the development of this institution. The pattern and plan for development shows not only present needs, but also that they are looking to the future development of this school to bring it to the highest standard prevailing anywhere.
Of all the buildings on the campus at Georgia Tech, most of which were personally inspected by this committee, only three were built by the state prior to 1937. The rest represent gifts of the alumni and friends. This neglect is a reflection upon the people of Georgia, because Tech has contributed more to the industrialization of the state than any other institution.
We found several buildings that are unfit for use. They are firetraps, which are not only endangering those occupying the buildings, but would endanger the entire plant if fire were to get started. These buildings should be dismantled and done away with at the earliest possible moment.
Under the plan for development a new administration building, a new academic building and a new library building are given first priority, and we urge that everything possible be done to get these started. The present administration building is one of the oldest buildings on the campus and it is inadequate to house the administrative staff of the institution. In the present library we found thousands of priceless volumes and technical papers which have seriously overcrowded the quarters, causing much loss of time on the part of students engaging in research work. Unless arrangements can be made to properly care for and house these documents, we are apt to lose many of these very valuable reference book.s and papers, and the painstaking effort spent in obtaining them will be wasted. The present library building is in good condition and would readily lend itself to other uses.
Because of wartime conditions and scarcity of labor and critical materials it has been impossible to maintain and keep the plant in proper repair. In a careful survey and estimate by the superintendent of buildings and grounds, it is found that to bring these buildings into suitable repair will cost $84,775.00. In order to protect these buildings from further depreciation and loss, this sum should be made available as soon as priority can be obtained. (Report attached and marked "Exhibit A.")
We recommend that in any state building program there be included for Georgia Tech of first priority a minimum of $2,000,000.00 to be used to erect the academic classroom building, the library building and an administration building. Unless this

MONDAY, JANUARY 28, 1946

409

is done it will be necessary for Georgia Tech to limit the number of students that it can admit. With these buildings it is possible that friends of the school will, through gifts and endowment, complete the rest of the building program without cost to the state.
Georgia Tech is well operated and still holds its place as the leading technological school of the South, but it must receive fair treatment from the state or else it will be relegated to secondary standing.
The comprehensive planning report is attached and marked "Exhibit B." Colonel Van Leer, the president of Georgia Tech,; Dr. Sanford, the chancellor of the University System; Mr. Che.rry L. Emerson, who will soon join the Tech faculty; Mr. Frank Spratlin, a member of the Board of Regents and a Tech alumnus, and Professor Bush-Brown of the School of Architecture, were all very helpful to the committee and gave us every assistance, for which we are grateful.
FOR THE HOUSE:
William Freeman, Dr. W. H. Wall, Jess Baggett.
FOR THE SENATE:
Charles L. Gowen, Chairman, Robt. E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

Atlanta, Georgia, April 11, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT OF THE GENERAL EXTENSION DIVISION OF THE UNIVERSITY SYSTEM OF GEORGIA
Your committee has completed its investigation of the Division of General Extension of the University System of Georgia.
This is a comparatively new service of the University System, and we were agreeably surprised to learn that it has made such rapid progress under the able direction of Dr. Wardlaw. We find that the Extension Service is practically selfsustaining with the exception of a very modest annual grant from the Board of Regents. The building which houses the Division of General Extension was given to the

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JOURNAL OF THE SENATE,

state by a Mr. Johnson, and is more than ample for its needs. Two floors are being leased to a pharmacy school. We feel that this place will care for any expansion the school might have for many years to come.
In addition to correspondence courses provided by the school, they also organize and conduct personal instruction classes in various subjects throughout the state. The department which particularly impressed your committee was the Visual Education Service, which has grown by leaps and bounds. The school has a stock of 16 millimeter films, embracing some 1,500 titles with approximately 2,000 prints. In addition to making these available for all educational purposes in Georgia, they are shipped into 36 of the 48 states at a nominal cost per day per film.
We find this school to be in the unique position of having an ample physical plant, adequate appropriation, and under continued efficient management should continue to grow in both size and importance in our educational system;
On the Part of the Senate:
William Freeman, Co-Chairman, Dr. W. H. Wall, J. J. Baggett.
On the Part of the House:
Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

Atlanta, Georgia, April 5, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA EVENING COLLEGE
Your committee has completed its inspection and investigation of the Georgia Evening College. We found here the paradox of the state institution that was afraid to give any publicity to its work because it would be flooded by people who desired to use the service. During the last normal year there were approximately 3,000 students who availed themselves of an opportunity to secure an education while they were earning a living at the same time.
This number completely overcrowded the existing building, and the military authorities of the United States estimate that there will be at least 5,000 people returning from our armed forces that will want to register at this institution and

MONDAY, JANUARY 28, 1946

411

secure the benefits under the G. I. Bill of Rights. If suitable building can be erected by the State of Georgia, there should be for the next seven years after the termination of the war an annual enrollment of at least 10,000.
This is one institution that costs the State of Georgia practically nothing. The students are willing and anxious to pay for the education that is being afforded them.. A large part of the faculty is secured from Tech, Emory, Agnes Scott and other institutions of higher learning in the Atlanta area, who are glad to give a few hours each week to serve on the faculty of this institution.
If the State of Georgia can arrange to spend $400,000 to adequately house this institution, it will be the means of keeping in Georgia at least $3,000,000 a year under the G. I. Bill of Rights that will otherwise go to evening colleges in other large cities of the United States. The need for this building is urgent and immediate.
The present building is the old Georgia Baptist Hospital building, and one wing of which presents a definite fire hazard. If it was not state property and exempt from the operation of the Atlanta fire ordinance and regulations, it is probable that it would not be permitted to operate. The weight of the books in the library is now more than the wing in which it is housed will bear, and the library can't be increased without definite danger to the plant itself.
This institution seeks to provide higher education and special courses and instruction for those of our citizens who, for one reason or another, have been denied an opportunity for college education on one of the campuses of our universities. It is possible, through the facilities of this institution, if it is given proper support, to bring to many other cities and towns in Georgia the same opportunity for similar courses and instruction. Dr. George M. Sparks, the director, is anxious to present such a program to the people of Georgia.
The institution gives three years of work toward any degree, and the work done there is given full credit at any institution in the University System. It also confers the degree of Bachelor of Commercial Science upon those who complete the prescribed course.
The present building can't be remodeled or enlarged, and we suggest that consideration be given to selling the present building and securing a new site at some advantageous point in the downtown section of Atlanta for the erection of the new building.
During this inspection we had an opportunity to confer with Honorable Marion Smith, chairman of the Board of Regents, who has a deep interest in the success of this institution, and he assured us that the Board of Regents fully realized the great work that it was doing, and that adequate support will always be given it from other branches of the University System.
On the Part of the Senate:
William Freeman, Co-Chairman, Dr. W. H. Wall, J. ]. Baggett.

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JOURNAL OF THE SENATE,

On the Part of the House:
Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

September 29, 1945. To:
HIS EXCELL~NCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has visited the Training School for Colored Girls, located at Macon.
We find that the capacity of the school has recently been doubled by the addition of a new dormitory wing with classrooms.
The institution is housed in a fireproof building, and Superintendent Ruth Stevenson seems to have sufficient personnel to efficiently operate the school. In our opinion it is unfortunate that the school is not located in a section of our state suitable to farming purposes. An effort is being made to raise foodstuff on land owned by the institution. The land is not suitable for farming purposes. This is one of the three institutions visited by your committee which needed no additional buildings, equipment or personnel.
We feel that it is significant that no girl that has been trained at this institution and released has ever been recommitted.
Respectfully submitted,
For the Senate:
William Freeman, Dr. W. H. Wall, J. J. Baggett.
For the House:
Charles L. Gowen, Chairman, Robert E. Cheshire,
James Evitt, Jr.,
Wane Hinson, Otis Brumby, Ben Fortson, Jr.

MONDAY, JANUARY 28, 1946

413

Atlanta, Georgia, April 5, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,
HON. FRANK GROSS, PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TRAINING SCHOOL FOR GIRLS
Your committee has completed its inspection of the Georgia Training School for Girls, located on the Baker's Ferry Road near Atlanta. The committee was favorably impressed with the spacious grounds, the program of beautification and the general healthful atmosphere of the institution.
The receiving building, which was completed in 1940, is unusually attractivt> and modern in every respect. It is well equipped, with the exception of inadequatt" laundry facilities, which also applies to the other dormitories. All buildings, both new and old, are spotlessly clean and maintained on an efficient basis, reflecting the expert attention they receive from both the management and the girl students. Each girl has a private room which is equipped and kept in a manner that would meet any mother's approval. It is apparent that much progress has been made at this institution during the past two years. The old fence that surrounded the school and the iron gates at the entrance have been removed, and iron-clad restrictions and stern discipline have been supplanted by an honor system that has worked wonders. We were deeply impressed by the refined atmosphere that prevails here; and any suggestion of a reformatory or place of confinement is not to be found, but instead it has the appearance of a high type girls' boarding school. The older buildings are in excellent repair and show evidence of being well maintained in spite of present-day handicaps.
Through the cooperation of the State Highway Department, all essential roads have been paved and sidewalks laid at the institution. An examination of the new refrigeration plant, which was built with free labor and materials from the Milledgeville State Hospital, showed it to be adequate to store and preserve large quantities of perishable foods. Storerooms are well stocked and meals prepared under the personal supervision of a graduate dietitian were highly praised by all interviewed. Grading, planting and beautifying of the grounds is constantly going on. Many of the girls show an intense interest in the planting and care of shrubbery and flowers with their own hands, and this obviously exerts a great influence upon them as they strive to readjust and equip themselves for a deserved place in society. Schooling under competent teachers is provided through the eighth grade and special training courses are conducted in home economics, housekeeping, sewing, typing, rug weaving, handicraft, and training for beauticians, all under the supervision of able and understanding instructors.
Girls are committed to the school from the superior courts and juvenile courts throughout the state. These girls, in the great majority of cases, come from homes that have been broken up, and they range in age from twelve to eighteen years. When they are admitted to the school they are given a thorough physical examination and assigned to quarters in the new receiving home. Here she is taught how to

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take care of her room and help maintain the general order of the building. This is the basic training course of the school where, in addition to the hours required in classes, the student is familiarized with the rules and regulations of the institution. A perfect conduct record over a period of weeks is necessary before the girl can be promoted to one of the honor buildings. After such promotion she is required to have an additional perfect record before being eligible for one of the specialized training courses.

Your committee cannot commend too highly the honor system that has been put into effcet under the present management of the institution. For the past several months there has been no attempt on the part of any of the girls to leave the home, where in the past "escapes" were often daily occurrences.

Under the present system, when a girl reaches the age of 18 and has a desirable home life to return to, she is paroled for a period of twelve months under the supervision of the County Welfare Director. If circumstances are such that it is not considered best to return the girl to her home, or community, then the management, often aided by religious, charitable, and civic organizations, find a position for the girl in line with her qualifications and training. Many girls who were trained at the school are now holding positions of trust and are a distinct credit to the school, the management, and the State of Georgia.

At present the school is being operated to the full extent of its capacity, and as its true worth becomes known, more and more girls will be sent here for rehabilitation and training.

Additional facilities and buildings will be required to maintain and expand the
services of this fine institution, and your committee recommends that the following
be included in any building program undertaken by the state when materials are av~ilable:

One 50-room, two-story fireproof dorniitory..................................$100,000.00 One 20-unit fireproof employees' apartment building.................... 75,000.00 One fireproof school building.............................................................. 60,000.00 One laundry, alterations and equipment............................................ 18.000.00 Equipment for new dormitories.......................................................... 35,000.00 Equipment for new employees' building............................................ 20,000.00 Equipment for new school building.................................................... 10,000.00

Total ............................................................$318,000.00
(With first priority being given to laundry and dormitory buil1ings.)
The people of Georgia have every right to be proud of their State Training School for Girls. This committee wishes to commend most highly those responsible for this fine work. These include: Judge A. ]. Hartley, director of Public Welfare;

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415

Mrs. J. A. Rollison, chief, Division of Institutions; Miss Agnes Arnold, superintendent, and their many able associates.
Respectfully submitted,
For the Senate: William Freeman, Dr. W. H. Wall, J. J. Baggett.
For the House: Charles L. Gowen, Chairman, Robert E. Cheshire, James Evitt, Jr., Wayne Hinson, Otis Brumby, Ben Fortson, Jr.

Atlanta, Georgia. April 11, 1945. To:
HIS "EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.

REPORT ON THE CONFEDERATE VETERANS HOME

Your committee has completed its investigation of the Confederate Veterans

Home, located on Confederate Avenue in Atlanta.

.

We find that there are only four veterans in the Home, and they occupy a part

if the first floor of the building. The remainder of the building is being used by the

Public Safety Department ani for other state purposes. There is only a staff of five

to care for these four veterans. However, at present they are short of a practical

nurse and an orderly. Mrs. Poe, superintendent, states that she has received every

cooperation from the State Welfare Department, that her budget is more than

ample, and that she is given free reign in the management of the Home.

We believe that these veterans are receiving the very best care possible and that there is nothing that can be done to increase their comfort, and it is a matter of caring for them as long as they live. The accommodations are ample, the food is the best, and the management is efficient, cooperative and understanding.

Respectfully submitted,

On the Part of the Senate:
William Freeman, Dr. W. H. Wall, Jess Baggett.

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On the Part of the House:
Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson.

AMENDMENT TO REPORT ON GEORGIA TEACHERS COLLEGE STATESBORO, GEORGIA

The committee voted to reduce the amount by $400,000 for buildings that can be financed by revenue certificate.

HON. ELLIS ARNALL, GOVERNOR,

April 14, 1945.

HON. FRANK GROSS, PRESIDENT OF THE SENATE,

HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.

REPORT ON GEORGIA TEACHERS COLLEGE,
STATESBORO, GEORGIA
Your committee visited this institution on April 13, 1945, and met with its president, Dr. Marvin Pittman. This college is the only institution in Georgia which is entirely devoted to training school teachers; almost one hundred per cent of its graduates are now engaged in educational fields, the great majority of them in Geo-rgia. If our schools were deprived of the men and women trained at this college, many of them would find it impossible to function.

The war has temporarily reduced the number of students, but the steady growth in attendance from 1933 to 1941 leads us to believe that an enrollment of 1,000 is to be expected shortly after the end of the war.

The present plant is adequate for only 500 students, so additional facilities must be provided in the immediate postwar period if the supply of teachers for Georgia schools is to be maintained; in this connection, it is estimated that 1,200 school teachers will be required each year to replace those who will leave the profession under the Teacher Retirement Act. Our public schools need well-trained teachers who are familiar with the ideals and traditions of Georgians, and Georgia Teachers College can and will provide them to the limit of its capacity. In order that the state may properly discharge its responsibility to the grade and high schools and insure the steady supply of well-trained and competent teachers, we recommend that in any postwar building program $1,000,000 be allocated to Georgia Teachers College for the purpose of constructing a central heating plant, an addition to the practice school, an arts building, a men's dormitory and an apartment building to house women professors.

With these additions this institution would be second to none in the country, for it now has a president that is a recognized leader nationally in his profession, and a most able faculty.

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417

We are pleased to report that Georgia Teachers College has almost entirely recovered from the retrogression caused by its removal from the accredited lists in 1941, is now a fully accredited institution and giving educational advantages of the highest standard to Georgia boys and girls at a minimum of cost.

A portion of the old Statesboro-Pembroke public road runs through the campus, and we recommend that this be closed in order to protect the children attending the practice schools from possible injury. The people of Statesboro and Bullock county and those of the adjoining counties as well are deeply interested in the school and its future welfare; headed by Mayor Alfred Dorman, they were most gracious hosts to your committee and gave us every assistance in our work.

Dr. Pittman and the faculty were most cooperative and are due the thanks of the people of this state f?r the wonderful work they are doing.
Respectfully submitted,

'On the Part of the Senate:

William Freeman, Dr. W. H. Wall, Jess Baggett.

On the Part of the House:

Charles L. Gowen, Chairman,

Robert E. Cheshire,

Wayne Hinson,

James Evitt, Jr.,

Otis Brumby,

Ben Fortson, Jr.

HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA,
HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TRAINING SCHOOL FOR THE MENTAL DEFECTIVES
Your committee has completed its investigation and inspection of the Georgia Training School for Mental Defectives at Gracewood, and we beg to submit the following report:
We are happy to report that we found conditions at this institution very good indeed. There was less overcrowding and generally more modern buildings and equipment than we have found elsewhere to date. There are at present 432 inmates, about one-half of which are custodial cases and the other half are receiving and responding to training. The state has recently completed a modern dormitory and the second one is under construction. We found only one wooden building in use that could be classed as a firetrap, and we were assured that upon completion of the dormitory under construction ~he children would be moved into the new building and the old wooden building modernized and made into a school building or other use that would not involve the hazard of children sleeping in it.

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We found, however, that the facilities of the institution are inadequate. There are at present 150 on the waiting list and this list would be larger except for the fact that the County Welfare Departments have failed to make application for any except the most desperate cases because they realize the impossibility of accepting all children that should be sent to Gracewood. It seems to us clear that the state must make plans to care for at least 800 or 1,000 children who have sufficient mentality to receive training. In addition to this, there will be probably 300 to 400 purely custodial cases in which training is impossible. A decision must be made as to whether these custodial cases are to be cared for at the Milledgeville State Hospital or at Gracewood. In either place, there should be a separate unit erected for them, and since the majority of these custodial cases are now at Gracewood, we think it would be well to place this unit there.

After carefully considering the needs of the institution, we recommend that $375,000 be included in the state's postwar building plans for the purpose of constructing the following needed improvem,ents:

( 1) Two additional fireproof dormitories of 150-bed capacity each (these to be in addition to the dormitory now under construction).

(2) Conversion of the wooden dormitory into a classroom, or living quarters for employees.

(3) Erection of fireproof building of 100-bed capacity, designed for the exclusive case of bed cases of both sexes.

(4) Erection and equipment of a new laundry to care for an institution of 1,000 inmates.

(5) Conversion of present laundry building into a cannery, and the equipping of the same.

(6) Erection of new cold storage and ice plant. The present one IS much too small to care for even the present population.

(7) Erection of a sewage disposal system and installation of larger sewage mams.

(8) Modernization of the kitchens in the various dormitories and m the main building, and equipping the main dining room.

(9) Installation of stokers in place of hand-fired furnaces.

( 10) Installation of a deep-well pump to provide for increased water demand.

( 11 ) Enlargement of the dairy herd to provide additional milk for the increased population and the purchase of adjacent land to care for the enlarged herd.

( 12) Installation of machinery for repairing shoes and for woodworking, so that inmates may be trained in this work and at the same time provide many of the articles needed at the institution.

We call attention to the fact that Gracewood only receives white children. There is no place in Georgia to care for Negro mental defectives. We believe that

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419

the state should discharge its responsibility in this regard and that a separate unit to care for Negro mental defectives should be erected near Gracewood and operated entirely separate and distinct from the present institution, although under the same general supervision. While it is impossible to estimate the number of inmates to be cared for, based on the proportion of Negro population in Georgia, we think it safe to say that it should be large enough to care for not less than 300 children.
We desire to pay tribute to Dr. E. W. Schwall, who is doing wonderful work at Gracewood and who clearly had the respect and devotion of the children under his care. The State Department of Public Welfare and its director, Judge A. J. Hartley, are to be congratulated upon the interest that they have taken in this institution, and it is certainly one of which the people of the state can be proud,
Respectfully submitted,
For the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
For the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of the University of Georgia School of Medicine at Augusta, and we beg to submit the following report:
Any consideration of the needs of the School of Medicine must of necessity bring with it consideration of the need for a comprehensive health program for the State of Georgia. The School of Medicine in normal times limits its enrollment to bona-fide residents of the state, since it does not have facilities to permit it to accept the qualified Georgians that seek admission and the authorities properly feel that the institution's first duty is to our own citizens. This policy means that at least 75% of the graduates of the school practice medicine in Georgia for the benefit of Georgians.
We need more properly trained doctors, particularly in rural sections, but before the School of Medicine can accept additional students it must have an increase in available clinical material, and this can only be accomplished, in our opinion, by th,.

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construction of a General State Hospital at Augusta, with at least 400-bed capacity, at a cost of approximately $800,000.00. Such an institution would permit the Medical School to double its enrollment and thus make it possible for these additional doctors to locate in Georgia each year. In addition to this, we recommend for the Medical School a new administration building and the remodeling of the present administration building into a dormitory. This would cost appt"oximately $250,000.00 additional.
But these recommendations, if carried into effect, will not of themselves be sufficient. One reason that doctors are not practicing in our rural areas is because of the lack of suitable hospital facilities. We, therefore, recommend the establishment of a system of regional state hospitals to be coordinated with the General State Hospital at Augusta and to be located at strategic points to serve those areas of the state that do not now have adequate hospital facilities. It is not our thought that these hospitals should compete with existing institutions but that they should be located to serve those areas that are now without adequate hospital facilities. If the Hill-Burton Bill passes the Congress of the United States, it will be possible to
secure a grant from the Federal Government of 75% of the cost of the General
State Hospital and the various regional hospitals as well. Georgia cannot hope to have prosperous citizens until it first has healthy citizens, and a rural health program that coordinates the work of the various state departments and agencies must be one of our postwar aims.
Your committee has also reached the conclusion that it would be desirable to have at Augusta, in connection with the General State Hospital, a. receiving unit for the Milledgeville State Hospital, where patients could be sent for observation and diagnosis. It is felt that this would result in many being returned to their homes without the stigma of a commitment to a mental institution. It would furnish additional clinical material for the Medical School, and should result in the diagnosis of other ailments and conditions that may well be aggravating or even causing the m~ntal condition. The staff at the Milledgeville State Hospital could rotate at the receiving center in Augusta and thus have an opportunity to observe the patients in their early stages.
To sum up, we recommend that there be included in Georgia's postwar building program $1,050,000.00 for the Medical School at Augusta. We do not undertake to estimate the cost of the regional hospitals because we do not have complete information that would enable us to give the number that would be required to supplement existing facilities so that proper medical care would be available to all of our citizens, but we recommend that the State Health Department immediately conduct a survey to determine what is necessary to accomplish this. By integrating these hospitals with the medical school and the General State Hospital it would be possible to conduct clinjcs and rotate the medical staffs so that all Georgia doctors would have the benefit of the most up-to-date medical and surgical progress. This program could make the Medical School of the University of Georgia one of the truly great institutions of the world, and should assist in raising the health standards in Georgia immeasurably.

MONDAY, JANUARY 28, 1946

421

We desire to thank Dr. G. Lombard Kelly, dean of the Medical School, and Chancellor S. V. Sanford for the assistance afforded to the committee and to compliment them on doing so much with so little.
Respectfully submitted,
On the Part of the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
On the Part of the House: Charles L. Gowen, Chairmar.,
Robert E. Cheshire, Wayne Hinson, James Evitt, Jr.. Otis Brumby, Ben Fortson, Jr.

Atlanta, Georgia,

To:

May 7, 1945.

HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,

HON. FRANK GROSS, PRESIDENT OF THE SENATE,

HON. ROY HARRIS, SPEAKER OF THE HOUSE.

REPORT ON GEORGIA EXPERIMENT STATION
Your committee has completed its inspection of the Georgia Experiment Station, located at Griffin, Georgia. We were graciously received by Dr. H. P. Stuckey and his associates and conducted through the buildings and over the grounds comprising the Experiment Station. This Experiment Station operates approximately twelve hundred acres of experimental plots, pastures, and forest lands at Experiment; 450 acres as the Georgia Mountain Experiment Station, near Blairsville, and 15,000 acres, known as the Eatonton Project Area, in Putnam County. Part-time staff members are located at the Georgia Coastal Plain Experiment Station at Tifton. In addition, experiments are conducted on farms in about 30 counties widely scattered over the state where soil, climatic, and other local conditions lend themselves to the work of the institution. The station is staffed by approximately SO members, some of which are temporarily in military service. The institution is supported by state and federal funds and has achieved remarkable success in many fields of its endeavor. The work carried on at this institution is of a highly technical nature, and the results achieved are so far-reaching in the economy of our citizens that it is impossible to estimate the far-reaching value.
There is an apparent need for new buildings and facilities at the institution, a copy of which is hereby attached. Your committee recommends that $400,000.00 be allocated to this institution by any funds made available by the state for this purpose.
Respectfully submitted,
011 the Part of the Senate: William Freeman, Chairman, Jess Baggett.

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On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby, Henry Arnold.
GEORGIA EXPERIMENT STATION
GRIFFIN, GA.
Horticultural Building ------------------------------------------------------------------------$ 62,000.00
Library and Auditorium---------------------------------------------------------------------- 125,000.00 Additional Land ---------------------------------------------------------------------------------- 15,000.00 New greenhouse ---------------------------------------------------------------------------------- 30,000.00 Pack house for fruit and potato storage house________________________________ 12,000.00 Furnishings for buildings-------------------------------------------------------------------- 20,000.00 New farm equipment and general repairs________________________________________ 31,000.00
GEORGIA MOUNTAIN EXPERIMENT STATION
BLAIRSVILLE, GA.
Office and laboratory building for Ga. Mountain Experiment
Station ------------------------------------------------------------------------------------------------$ 35,000.00
Addition to building for community canning demonstration plant 35,000.00 Community Center Building--------------------------------------------------------------- 35,000.00
Atlanta, Georgia, May 7, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON WEST GEORGIA COLLEGE
Your committee has completed its investigation of West Georgia College, located at Carrollton. Your committee was greatly impressed by the outstanding job being done by this institution, whose activities in addition to filling the needs of a junior college of probably one-sixth of our state are also rendering outstanding service in community education, cooperative community planning, vocational education, and with a grant from the Rosenwald Foundation, have been conducting a third-year course in teacher training. This institution is unique in the fact that it stresses the fitting of its pupils into rural education and upbuilding. Upon termination of the Rosenwald Grant, which makes possible the third year of teacher training, your committee respectfully suggests that the Board of Regents give serious consideration to allocating funds for the purpose of carrying on this work.
Your committee was greatly impressed by the progressive leadership of the institution by Dr. I. S. Ingram and his able staff. Many of the ideas of the teacher

MONDAY, JANUARY 28, 1946

423

trammg and community development instituted at West Georgia College have received nation-wide recognition. The physical plant of the College, while inadequate for present and postwar needs, shows careful thought and planning have been exercised toward the building of coordinated unity, and readily lends itself to further expansion.
Your committee recommends that funds in the amount of $372,000.00 be made available to this institution in any postwar building program undertaken by the state according to the itemized list of new buildings and other items attached hereto.
Respectfully submitted,
On the Part of the Senate: William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, James Evitt, Jr., Otis Brumby, Jr.

Atlanta, Georgia, September 18, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS,_PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed a survey of the School for the Deaf at Cavr Spring, Georgia, and submits the following recommendations:
We found the plant needs expanding and present buildings need many improve-
ments to bring them to a condition suitable for deaf children to occupy. h must be
remembered that deaf children cannot be aroused by any fire-alarm system, and therefore every dormitory should be absolutely fireproof or so equipped that the fire hazard is reduced to a minimum.
The boys' shop, which houses the metal shop, auto repair shop, woodwork shop, manual training shop, printing shop, and shoe repair shop, needs additional machines and equipment as well as additional space.
The classroom building for advanced classes, although not modern, seems adequate with the present enrollment, but the greatest need is an adequate library, which could be housed in the present building.
The present girls' laboratory is a fairly modern building, constructed in 1941.
The main dining room is an old building, with the upstairs devoted to classrooms. There are no toilet facilities in this building. Should the enrollment of the school bl'

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increased, this building should be modernized and the dining hall increased to overcome crowded conditions.
The boys' dormitory is a three-story structure and is a fire hazard. This building should be immediately equipped with exit lights. This building, if to be continued in use, should be equipped with a sprinkler system and the wooden floors covered with fire-resistant material.
The administration building houses the administrative offices and the teachers and superintendent for the institution. This building is adequate for the present staff.
The primary building is a modern, two-story structure and comprises the total plant for the small children. The building is ample for the present enrollment, but should the enrollment increase, as statistics indicate it should, more dormitory space would be required.
The present laundry and boiler room are adequate for the present plant, but there is no fuel storage capacity. Coal is unloaded about one hundred feet from the boiler room and requires hauling the fuel from the place of unloading to the boiler room. The laundry rooms needs to be enlarged for an increased enrollment, and new machinery is badly needed.
The hospital seems adequate, and was constructed in 1940.
NEGRO UNIT
The Negro unit consists of two buildings, the school building and dormitory. In one wing is housed girls of all ages and the other wing houses boys of all ages, including teachers and the principal. A third wing of the dormitory contains the dining room and kitchen and cold-storage facilities. If the Negro children are to be served, additional dining and dormitory space will be necessary. They have no infirmary at this unit.
The Negro classroom .building seems adequate even for an increased enrollment.
On the Negro side is located the old Perry mansion, which is now occupied by tenants. A part of the building is in a bad state of repair. This building could be remodeled and made into a dormitory for boys, which would accommodate approximately fifty students. Tenant houses would be needed to accommodate the present tenants in the P'erry mansion.
We find that in the land owned by the school there is ample timber to supply the lumber needed for the farm and school plant construction.
Your committee recommends that the sum of $725,000.00 be made available in any postwar building program for the following buildings: Two physical education buildings for white and colored, infirmary for colored, auditorium for whites; sprinkler system; laundry building and new equipment; equipment for auto repair shop, print shop and woodwork shop; addition to library; remodeling Perry home; four tenant houses; fuel storage room; Negro vocational building; improving dining hall and primary building; barn for beef cattle; broiler plant; dairy cattle barn;

MONDAY, JANUARY 28, 1946

425

calf barn; enlarge white boys' vocational building; feed houses for farm; demolition and replacement of boys' dormitory; enlarge primary building.
Your committee feels that if this program is carried out you will have a modern fireproof plant for these unfortunate deaf children. The committee took: the opportunity to visit classrooms from the very beginners through the high school grades, and were very much impressed with the methods employed in taking a child six years old who has never known the name of its parents or name of its relatives, nor the name of the community in which it was born, and training them to whe:r:e they can carry on a conversation and become quicker in mathematics and other subjects than pupils who can hear and talk from the time they start in school.
We wish to commend Superintendent C. H. Hollingsworth and his staff for their sympathetic and understanding approach of the problems he and his staff face with these unfortunate children, and praise them for the efficient job they are now performing.
Respectfully submitted,
On the Part of the Senate:. William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, THE HON. FRANK GROSS, PRESIDENT OF THE SENATE, THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of Georgia State Woman's College at Valdosta, and we beg to submit the following report:
This college is the only institution in the southern part of the state that offers four years of college work leading to a degree. It is also one of the few institutions in the state now having a larger enrollment than its average for the past ten years.
Georgia State Woman's College affords to the young women of the state an opportunity to secure a well-rounded education in the arts and sciences under an outstanding faculty in beautiful surroundings in a cultured community, and it deserves full support from the state, since it is an essential part of our system of higher education. We recommend that in the state's postwar building program there be allocated for Georgia State Woman's College at Valdosta the sum of $569,000.00. This will provide the following needed improvements: Music building, infirmary, dining hall and kitchen, gymnasium, and the addition of wings to the dormitory and the expansion of West Hall (the administration building). It will also include a sum

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sufficient to repair and make additions to the library and swimming pool and reclaim and renovate a number of dormitory rooms.
The sum that we recommend would also provide $50,000 towards the erection of an auditorium, the balance of the cost of which would be borne by the City of Valdosta, which is ready and willing to participate in the construction of this building.
While we were visiting this institution, representatives of the student body appeared before us and advised us of two of the projects in which they are interested. The alumni are seeking to provide a chapel and we feel that the state should participate in the construction of this building to the extent of at least $20,000. The students also seek to have a small lodge erected at Twin Lakes, where the student organizations can have picnics and similar excursions. We think that $7,500 would buy a desirable tract of land and the necessary improvements. Both of these sums are included in our total recommendation.
We desire to take this opportunity to congratulate Dr. Frank R. Reade on the fine institution that he has and particularly on the excellent cooperation that he secures from the citizens of Valdosta and Lowndes county. The faculty was found to be outstanding and the entire institution is one to which any Georgian should be proud to send his daughter.
Respectfully submitted,
On tlze Part of the Senate: William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby.
Atlanta, Georgia, May 7, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON SOUTH GEORGIA COLLEGE
Your special investigating committee investigated South Georgia College, College, Georgia, on May 1, 1945. After carefully examining buildings, facilities, and noting with pride the beautifully planned campus we have come to some definite conclusions in regard to this junior college situated in Southeast Georgia. Under the able directorship of J. M. Thrash, president, and a very able staff of teachers and assistants, we believe that this institution has definitely aided education, not only all over this state, but certainly in that section of Georgia. We noted with interest and with a definite feeling for the students involved that the dormitories did not

MONDAY, JANUARY 28, 1946

427

have sufficient facilities for heating purposes and that this was a definite need of the whole institution. Therefore, we recommend a central heating plant for this institution at an approximate cost of $75,000.00. Your committee also recommends the erection of a boys' dormitory at an approximate cost of $100,000.00 and a girls' dormitory at the same figure. Because of the fact that it is impossible to give the proper instruction to boys and girls without suitable facilities, we also recommend a home economics building, including a model home, laboratories and classrooms at an approximate cost of $60,000.00. There is also a very definite need for a science building. We recommend the construction of this building at an approximate cost of $50,000.00.
Just as we found at other institutions in the state, there is a need here for an infirmary, so we recommend the construction of an infirmary at a cost of $25,000.00.
All of the present buildings need some repair work, and so for equipment and repairs to these buildings we recommend the sum of $30,000.00.
The committee noticed a very undesirable situation at South Georgia College. Close to the land and the buildings there is a tract of land that may become a nuisance by reason of the fact that dance halls and "honky tonks" may be erected. This committee recommends that $5,000.00 be set aside for the purpose of this land adjacent to the campus. We feel like that a construction program totalling $425,000.00 will so place this junior college where it will be more able to serve not only this part of Georgia but better serve the educational needs of all of Georgia.
We wish to give notice of the fine treatment we received, and here publicly express our thanks for the consideration of the president, Mr. J. M. Thrash.
Respectfully submitted,
On the Part of the Senate: Wallace Harrell.
On the Part of the House: Charles L. Gowen, Chairman, Ben Fortson, Jr., James Evitt, Jr., Robert Cheshire.

AMENDMENT TO THE REPORT ON
ABRAHAM BALDWIN AGRICULTURAL COLLEGE
AND
THE GEORGIA COASTAL PLAINS EXPERIMENT STATION
The committee amended this report by adding $222,000.00 to cover essential buildings left out of the original report.

428

JOURNAL OF THE SENATE,

Atlanta, Georgia, June 8, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. ROY HARRIS, SPEAKER OF THE HOUSE, HON. FRANK GROSS, PRESIDENT OF THE SENATE.
Your committee has completed its investigation of the Abraham Baldwin Agricultural College and the Georgia Coastal Plains Experiment Station, located at Tifton, Georgia. We find here two unique units of the University System are working in complete harmony and each complimenting the other. Here is located the only experiment station serving the Coastal Plains section in the southeast.
Its importance is recognized by the Federal Government, who, up until the present year, have made allotments to this station exceeding that of the State of Georgia. This supplement by the Federal Government amounted to more than $100,000.00, many salaries being paid in full and several others supplemented.
The Abraham Baldwin Agricultural College features two-year college courses for men in agriculture, designed as a terminal course in practice farming or leading to an agricultural degree at other colleges. The same program holds true in the twoyear course in home economics for women.
Many students are attracted to this college due to the low cost and the opportunity of earning part or all of the students' expenses through work at the institution.
The plant consists of the buildings located on the two-thousand-acre tract of land at Tifton, a substation located at Alapaha, consisting of twenty-eight hundred acres of cut-over land for forestry research and range cattle, four hundred and fifty acres at Attapulgus, which is devoted to shade tobacco experiments and a sixty-acre tract in Cook county which is devoted to flue-cured tobacco experiments.
We commend Mr. King and his staff for the excellent work they are doing, and they have greatly aided in increasing the income of the farmers in the Coastal Plains section of the state.
It is the opinion of the committee that the following improvements should be made at these institutions to bring them up to their maximum operating efficiency:
1. Central heating plant for present buildings and others to be added -------------------------------------------------------------------------------------------- $ 75,000.00
2. Student Social Center, which would also house post office and student store------------------------------------------------------------------------ 20,000.00
3. Renovation of three original buildings constructed in 1908._ 30,000.00 4. Landscaping of campus, paving of walkways and removal
of unsightly barns.----------------------------------------------------------------------- 10,000.00 5. Purchasing of additional 100 acres of land adjacent to pres-
ent property -------------------------------------------------------------------------------- 10,000.00 6. Removal and modernization of poultry plant------------------------ 10,000.00 7. Science and laboratory building fully equipped______________________ 125,000.00

MONDAY, JANUARY 28, 1946

429

8. Diagnostic laboratory and isolation facilities for diseased
animals ........................................................................................ 9. Greenhouses for plant breeding................................................ 10. Construction of 16 tenant houses............................................ .11. Renovation of 99 existing buildings........................................ 12. Manager's home. and laborer's cottage at Attapulgus.......... 13. Construction of cottage and barns at Cook Co. Substation.. 14. Steel water tower for water system........................................ 15. Faculty and staff houses............................................................

25,000.00 30,000.00 30,000.00 30,000.00
7,500.00 8,000.00 10,000.00 30,000.00

These improvements will total $450,500.00, and your committee respectfully suggests that this amount be included in any postwar building program undertaken by the State of Georgia for its institutions.

Respectfully submitted,

On the Part of the Senate:
William Freeman, Co-Chairman, Wallace Harrell.

On the Part of the House:
Charles L. Gowen, Chairman, Bob Cheshire, Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr.

Atlanta, Georgia,
May 7, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,
HON. FRANK GROSS, PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.

REPORT ON ALBANY STATE COLLEGE

Your committee has completed its investigation. of Albany State College, located at Albany, Georgia. This is a four-year institution approved by the Southern Association of Colleges and Secondary Schools, the State Department of Education, and under the supervision of the Board of Regents of the University System. This college is located in the heart of the state's Negro population, and 250,000 Negroes live within fifty miles of the college. The total enrollment during the past year was 1,423, including 625 summer school students and 227 students enrolled in extension classes conducted in ten communities. There are eight brick buildings on the campus, which are principally the gift to the school of Miss Carolyn Hazard; also eight buildings which were given by the N. Y. A. This college is unique in that the State of Georgia's investment in the physical plant amounts to only $5,500.00. Your committee was impressed by the splendid work carried on here under the direction of President Aaron Brown and his able faculty. This college at present is operating at

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its full capacity and it is anticipated that it will be called upon to greatly extend its services to Negro ex-service men following the termination of the war. The campus has been utilized to its fullest extent, and your committee recommends that twentyseven acres of land adjacent to the school property be acquired for the purpose of expansion. We understand that this property can be bought at a nominal cost. There is a paved road running through the middle of the campus that acts only as a feeder road to a federal highway. This is a constant danger to pupils from speeding vehicles, and we recommend that immediate steps be taken to have this road closed to traffic.
Many of the buildings are badly in need of repair, and we recommend that $35,000.00 be made available for this purpose. Your committee recommends that the following buildings be included in any building program undertaken by the State of Georgia for its institutions: Laundry, $25,000, including equipment; c~ntral heating plant, $75,000; gymnasium, including a swimming pool, $75,000; infirmary, $25,000; dormitory for men, $100,000; dormitory for girls, $100,000; industrial arts shop, including a canning plant, $35,000; student and community center, including co-op store, $25,000; home economics house, $10,000; totalling $460,000. There is also an urgent need for faculty housing, but these can be constructed on a rental basis, and we feel that these can be handled through a separate program. The Albany State College as compared to our other Negro institution has been operating under a serious handicap, as its income is being derived from only two sources, namely: Allocation from the Board of Regents and students' fees, while the Georgia State College at Savannah is a federal land grant college, and the one located at Fort Valley is supported by the Rosenwald Fund.
Your committee is of the opinion that this school fills a very definite need in our educational program and should receive every encouragement and consideration.
Respectfully submitted,
On the Part of the Senate: Wallace Harrell.
On the Part of the House: Charles L. Gowen, Chairman, James Evitt, Jr., Wayne Hinson, Robert E. Cheshire, Ben Fortson, Jr.
Atlanta, Georgia, May 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,
HON. FRANK GROSS. PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA SOUTHWESTERN COLLEGE
Your committee has completed its investigation of Georgia Southwestern College, located at Americus.

MONDAY, JANUARY 28, 1946

431

Your committee was greatly impressed by the general layout of this institution and the thought and planning that is evidenced in the building program that has been carried out up to the present time. We were gracefully received by Dr. Peyton Jacobs, president of the institution, and his staff of co-workers.

The committee held a lengthy and informative conference with Dr. Jacobs concerning the present operation and future needs of this institution, and later inspected the college campus, its buildings, and sites for proposed buildings. Your committee is of the opinion that a fund in the amount of $290,100 should be made available for this institution in any building program undertaken by the State of Georgia for its institutions, these funds to be expended as follows, subject to the approval of the Board of Regents of the University System:

1. Combination building, consisting of daylight basement for

kitchen and dining hall, auditorium, classrooms, and lab-

oratories. Estimated cost---------------------------------------------------------- $145,000.00 2. Remodel Wheatley HalL __________________________________________________________ _ 20,000.00

3. Remodel boys' dormitories-------------------------------------------------------- 15,000.00

4. Erect central heating plant-------------------------------------------------------- 50,000.00

5. Finish basement dormitory-------------------------------------------------------6. Reconstruct roofs of two dormitories-------------------------------------7. Complete day students' building_______________________________________________ _ 8. Finish and equip gymnasium___________________________________________________ _
9. Remodel Home Economics Building_______________________________________ _ 10. New furniture for dormitories_______________________________________________ _

9,000.00 15,000.00 10,000.00 15,000.00 3,000.00 8,100.00

Respectfully submitted,

On the Part of the Senate: William Freeman, Chairman, Jess Baggett. Dr. W. H. Wall.

On the Part of the House: Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr.

Atlanta, Georgia, May 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON MIDDLE GEORGIA COLLEGE
Your com!Dittee has completed its investigation of Middle Georgia College, located at Cochran.
This institution is located in the middle of our state and is in the middle man's territory, financially speaking. During 1943 and 1944 a large part of the college was

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JOURNAL OF THE SENATE,

devoted to training men in our Armed Forces, and several hundred were trained at this institution. Since the facilities occupied by the Army for this special training have again been made available to the college, it has shown the most rapid growth of any of our junior colleges. Dr. Leo H. Browning, president, and his efficient co-workers have a clear-cut conception of the part that this college should play in our educational program.
Middle Georgia College differs from many of our institutions in that its plans for postwar expansion must be made available immediately after termination of hostilities; due to its rapid growth it would shortly be operating at capacity under existing conditions.
Your committee recommends that $402,000 be made available to this institution under any building program instituted by the state for educational institutions to be used as follows:

REPAIR, BUILDING, PERSONNEL PROGRAMS

MIDDLE GEORGIA COLLEGE

CocHRAN, GEoRGIA

I-REPAIRS:

(a) Doors, windows, etc., Browning DormitorY----------------------$ (b) Doors, screens, etc., Wiggs Dormitory____________________________
(c) Screen porch, roof repair Social Center____________________________

500.00 200.00 200.00

(d) Repair swimming pooL------------------------------------------------------- 500.00 (e) Install purifying plant in swimming pooL_______________________ 11,000.00

(f) Build new front porch to president's home ________________________ 500.00

$ 12,900.00

2-BUILDINGS:

(a) Infirmary, fireproof, red brick, 22 beds, offices, aux-

iliary rooms, one-story, complete-----------------------------------$ 45,000.00 (b) Girls' dormitory, fireproof, red brick, 2 stories, 40

rooms ---------------------------------------------------------------------------------- 90,000.00 (c) Engineering, Mechanic (Auto) Building, two-story con-

crete, auto paint room, office, woodwork completely

equipped, 4 classrooms, supply woodwork, auto me-

chanics -------------------------------------------------------------------------------(d) Three cottages for faculty, 6 rooms, red brick, each
$4,000.00 ---------------------------------------------------------------------------() Boys' dormitory, 40 rooms, red brick, 2 stories, complete

85,000.00
12,000.00 90,000.00

(g) Science Building- Chemistry, Physics, Biology, Labs,

complete ------------------------------------------------------------------------------ 50,000.00 (h) Home economics lab building, kitchen, office, etc.____________ 15,000.00 (i) Storage for kitchen and dining room supplies, brick________ . 7,000.00

$390,000.00 GRAND TOTAL ------------------------------------------------------------------------------$402,900.00

MONDAY, JANUARY 28, 1946

433

The infirmary building is recommended due to the fact that there is no hospital or infirmary in Cochran, the nearest hospital being located at Hawkinsville, and it is necessary that provisions be made at the college for the treatment of the students.
Respectfully submitted,
On the Part of the Senate: William Freeman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr.
AMENDMENT TO FORT VALLEY STATE COLLEGE, FoRT VALLEY, GEORGIA
The committee moved to reduce the amount from $1,025,000 to $800,000.
Atlanta, Georgia, August 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed its inspection of the Fort Valley State College at Fort Valley, Georgia. The Fort Valley State College is a unit of the University System of Georgia, devoted to the education of the Negro youth of the state and to the service of all people in the state. Fort Valley State College was transferred from private to state control on July 1, 1939. The plant is valued at one million dollars and was given to the state by those who had been financing the institution. Prior to that time it had been a splendid private institution supported by contributions from philanthropic people and educational and religious foundations:
In 1938-39, in its last year as a private college, 599 persons attended classes in what is now Fort Valley State College. In 1944-45, with no additional classroom space or buildings, 1,506 students-nearly three times as many as in 1938-39-attended classes on the the Fort Valley campus.
With four times as many regular college students as in 1938-39, with one-half more high school students than in 1938-39, with three times as many summer school students as in 1938-39, with a faculty three times as large as in 1938-39, it is very evident that this institution has outgrown its present physical plant and also its faculty.
The president and faculty are enthusiastic about the school and their work, and the institution has made not only a local name but a name throughout the country as a high-class institution for Negro youth. It is now accredited by the proper agencies.

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JOURNAL OF THE SENATE,

The college has been authorized, by the regents, to develop new and advanced offerings on the graduate level, to provide for Negroes, within the State of Georgia, such advantages. The fields in which such work has been authorized are: Education, home economics, and agriculture. Facilities are lacking for such work and such work must be done.
There are no dormitories for boys-all space is taken for girls. Housing facilities are lacking for faculty members. The state has not spent a dollar for new buildings or new facilities since Fort Valley State College became a unit.
Your committee recommends that $1,025,000.00 be made available in any postwar building program to construct the- following urgently needed buildings: Library, Science, Health and Physical Education Building; central heating plant; agriculture facilities (dairy plant, poultry plant, silo) ; dormitory for men, dormitory for women, infirmary, Graduate Building, Arts and Crafts Building, homes for employees and faculty, purchase of farm land, repairs to the present buildings.
Your committee believes this is the minimum amount that should be provided to make this one of the leading Negro educational institutions in the South.
Respectfully submitted,
On the Part of the Senate: William Freeman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr.
Atlanta, Georgia, June 1, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA ACADEMY FOR THE BLIND
Your committee has completed its inspection of the Georgia Academy for the Blind, located at Macon, Georgia. The committee was pleased to find that the principal, Mr. John S. Herndon, had prepared a comprehensive and detailed statement of the conditions and needs at the institution. The committee believes that Mr. Herndon and his staff of teachers and supervisors are doing an excellent job in the operation of this institution. They are doing this in spite of a great need for additional help and facilities. It appears to us that they are making a most excellent use of the facilities they now have and that the personnel is working most diligently.
This is not a large institution. Fortunately, blindness in Georgia for a number of years has been on the decrease, but there nevertheless remains number of children

MONDAY, JANUARY 28, 1946

435

who are either completely blind or with seriously impaired vision who must be given special training adapted to their needs. At the present time it appears that the enrollment of the school is about 90 white children and 45 Negro children. Since Mr. Herndon has been there he has added an additional grade to the school for the white children and has succeeded in getting the school accredited. Now the children an taught through the tenth grade.
We find- that this institution suffers severely from the lack of adequate equipment and facilities. As the committee went through the buildings of this institution it found that many things were needed. The needs are so numerous that it is difficult to name them, and in this connection we recommend a remodeling survey be made of this plant to determine its exact needs, and that these be made available out of revenue now available and far ahead of any postwar building program. The school is very much in need of a cold storage and freezer locker facilities, where it can keep the foods and the meats. At the present time there is virtually no facilities of this kind at the school and the superintendent is forced to take his meats to distant place1 to preserve it, necessitating a twenty-five-mile round trip.
Toilet and bathing facilities should be greatly improved, and enlarged. As Wt went through the dormitories of the children we found that. they do not have cabinets or closets in which to keep their clothes ; blind children must keep their soiled clothes in the same suitcase with their clean clothes which they keep under their bed. We found some old metal lockers that must be forty or fifty years old that are antiquated, delapidated, and dangerous. There is no way to make the doors of these lockers stay on their hinges and they swing back and forth unevenly. There is no way to make the lockers stand firmly on the floor, and as you open the door it is very dangerous that one of these lockers will fall on a blind child and injure him.
We find that the dining room, kitchen and back porch needs a new roof, that the stage in the auditorium is inadequate and even lacks curtains. The hospital, of sufficient size for this institution, needs to be equipped and perhaps a building erected for this purpose or the present building greatly renovated. Houses are needed, perhaps not more than three in number, for living quarters for personnel. The president has wholly inadequate living quarters, being forced to occupy one large room as sleeping quarters for himself, wife and his two children, who are now several years of age, one a boy and the other a girl. We recommend that a home be erected at this institution for the principal, costing approximately $7,500.00.
Recreational space is needed for the children, and this would include a suitable smoking room for the boys. While we do not encourage boys to smoke, we are informed that smoking is very prevalent among the larger of the blind boys, those boys in the high school grades, and that it is a means by which they pass away a good deal of their spare time. The boys who smoke have been most cooperative with Principal Herndon and do not smoke in the buildings because of the fire hazard and have to smoke in a dug-out basement, which does not have proper ventilation and no floor whatever.
The buildings need painting throughout on the inside as well as the woodwork on the outside, and at some places new steps are nC"eded. In addition to the above,

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JOURNAL OF THE SENATE,

we find that the equipment used in the teaching of the blind at the school is antiquated and much of it worn out and the amount wholly insufficient. This school needs, among other things, an electric clock to ring the bells for classes and other purposes. It needs typewriters, needs at least 20 new double desks for the children, needs about a dozen pianos of one kind or another for the purpose of teaching these children music. The school needs a globe of the world suitable for blind children, office equipment, playground equipment, maps of all kinds, piano chairs and library tables, and other equipment is needed. It would perhaps be economital to convert the heating plant from coal to gas. The above needs apply to the school for the white children.
For the Negro children we find, first, that the building is a three-story building and is a definite firetrap for blind children. We think in this respect that it would be well for the state to consider selling the Negro school plant. We understand that the City of Macon is anxious to have this property, especially for the land, for the location of a Negro high school. It is possible that the proceeds of the sale, with some additional amount, could be used to purchase other property nearby and erect suitable buildings for the teaching of blind children. We believe that buildings occupied by blind children should be only one-story. In addition to the above, the Negro school has inadequate equipment. There are no lockers, no auditorium, and poor classroom equipment. Office equipment costing probably two hundred dollars is needed. Several typewriters, pianos, some library equipment, shop equipment, and laundry equipment is needed.
In connection with the white school we should mention that the school needs dining room and kitchen equipment which would cost approximately five thousand dollars.
Unfortunately, some blind children, as other children, come from poor families who are unable to clothe them properly. Since it is absolutely necessary that these children must go away from home in order to be educated, we think the state owes it to those children to provide sufficient clothing for the children who in the opinion of the principal needs this help. This would probably not amount to over four or five hundred dollars per year and the superintendent should be able to purchase these clothes out of the petty cash fund.
We have not gone into every detail in this report of the needs at this school, but a remodeling survey which we recommend would of course show in detail the needs, including the cost of the various items. We are thoroughly convinced that Mr. Herndon, in cooperation with the State Board of Education, can make this remodeling survey and carry out the remodeling program in a very efficient manner. It is only fair to say that the committee was greatly impressed at the needs of this institution and feels that immediate attention should be given to remedying the situation. We do not believe that it is the intention of the state for unfortunate blind children to have facilities so inferior to that found in the average high school of Georgia, but from our observation at this institution we believe that this is true today.
We found Dr. M. D. Collins, State Superintendent of Schools, and the State Board of Education to be very much interested in giving this school proper facilities and we believe that Dr. Collins and the board are very anxious to see this institution

MONDAY, JANUARY 28, 1946

43i

greatly improved. While in our other reports we have based our recommendations largely to postwar building and improvements, we think that in regard to this particular institution the improvements we have mentioned and others that may be needed, as a survey will show, should be made this summer in order that this school may be fully equipped when it opens the fall session.
While it may not be within the perdue of the work of this committee, we feel that attention should be called to the fact that there are many totally blind children and many other children with seriously impaired vision in Georgia who do not attend this school, and in fact are not attending any kind of school. We think that extreme effort should be made by the State Board of Education, the county school superintendents and the public welfare departments of the various counties of this state toward seeing that all parents of blind children, or with seriously impaired vision, be given knowledge of this school and that every effort be exerted to see that these children enter this school. Perhaps the number out of school who ought to be in school exceeds the number now enrolled in this institution, and there may be other unfortunate children all over our state of which we have no adequate records.
Just one more thing that we think we should call to your attention. While a dentist provides frequent examinations of the teeth of the children, which we commend, we found that no medical service is provided for examination of the eyes of these children, and since many of them have impaired vision, it is possible that proper eye treatment might improve their vision. At least the effort should be made.
Respectfully submitted,
For the Senate: J. J. Baggett, Dr. W. H. Wall.
For the House: Charlie Gowen, Wayne Hinson, Robert E. Cheshire.
AMENDMENT TO REPORT ON THE STATE PRISON,
REIDSVILLE, GEORGIA
The committee voted to reduce the amount to $900,000.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, THE HON. FRANK GROSS, PRESIDENT OF THE SENATE, THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your joint committee on institutions has visited the Georgia State Prison at Reidsville, and we are plt"ased to submit the following report:
We found the prison to be in excellent physical condition and well operated. We found no evidence of mistreatment of the prisoners, either male or female, white or

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JOURNAL OF THE SENATE,

Negro, but on the other hand we did not find that the prisoners were being coddled or pampered.
The men's prison is being used at the present time principally as a hospital and as a place to keep incorrigible prisoners. All of the convicts who are physically incapacitated are being sent from the county work camps to the prison at Reidsville and the vicious and incorrigible prisoners are not wanted in the county camps and they are also transferred here. This situation makes the administration of the pnson difficult, but in our judgment Warden Aderhold and his aides are doing their best to keep each prisoner busy at tasks within his physical capability, and we think all of the inmates are being treated sternly but justly.
Under the present system it is difficult to comply with the requirement of the law making the segregation of first offenders and juvenile prisoners mandatory, since they must all be confined in the same building. During the last session of the Legislature, a bill was introduced seeking to have all juvenile convicts sent to the Training School for Boys. This bill was not passed and, in the opinion of our committee, it should not be enacted into law, because the Training School for Boys should remain a training and educational institution and not be made into a reformatory or prison. On the other hand, these first offenders and youthful convicts should not be kept with the vicious, the depraved, and the incorrigible. The only remedy is a separate institution designed to care for this ever-increasing class of prison pop~la tion.
At the present women's prison it is likewise impractical to segregate first offenders from hardened criminals. Under an act of the General Assembly the Director of Corrections is instructed to remove the women inmates from proximity to the men's prison. Thus, in order to comply with the law, a new female prison must be constructed, preferably in the central portion of the state. This prison should include a separate unit for the complete segregation of youthful and first term offenders.
The present law also requires the establishment of central receiving stations for prisoners committed to the penitentiary. This has not been done, but we recommend that the statute be complied with and at least three such centers built as soon as possible.
The present law also requires a program of rehabilitation to be instituted at the prison to include industrial, mechanical, and vocational training. We are glad to report that Director F. M. Hammack has had one ring of the prison remodeled for the purpose of instituting this program, but has been unable to commence it because of the inability to secure proper instructors. We were assured that the program would begin as early as possible.
No great progress has yet been made in developing prison industries for the manufacture of equipment and supplies for the state. With the exception of the tag factor, the program is confined to providing food and supplies for the prison and its inmates. The difficulty in securing equipment has undoubtedly contributed to this delay, as has also the classes of prisoners now being cared for at Tattnal!.
While much has been accomplished toward giving Georgia a decent prison system, much still remains to be done, and in order to comply with the present statutes

MONDAY, JANUARY 28, 1946

439

governing our penal system and to insure the rehabilitation of those criminals who can be reclaimed, and to keep the others from preying upon society, we recommend that in the postwar building program the sum of $1,463,500.00 be allocated to the Department of Corrections to be used by it to provide the following:
1. Three reception centers or receiving stations to be centrally located in South, Middle, and North Georgia, where prisoners may be classified and assigned. This will reduce the expense of transportation and make it possible for the department to learn the background, physical condition, mental capacity, emotional make-up, and other factors which should be considered in assigning prisoners.
2. A modern female institution to be designed to confine 500 inmates. Thi~ institution should be located away from any existing unit used for male prisoners. There should be constructed in connection with it, upon a separate part of the property as far away as possible from the main institution, a unit for the segregation of juvenile and first offenders.
3. The construction of a separate unit for handling juvenile and first offenders. This might be termed a training school or a vocational reformatory, and should be equipped to handle at least 1,000 inmates. We suggest that this be located away from the state prison, and -upon its completion the law requiring segregation of first offenders and youthful offenders be strictly enforced.
4. An institution in which to confine incorrigibles and hardened criminals. While this group of the prison population is fortunately quite small, they are the ones that instigate prison revolts and prison murders. There is little chance of rehabilitating this type of prisoner, and because of his mental attitude, he should be housed in an institution of the maximum security type. In fact, if anything is to be accomplished in rehabilitation work, it is essential that this type of prisoner be kept separate from those who may be capable of returning to a useful place in society. Such an institution should provide for the incarceration of 250 inmates and sh!iJUld be constructed either on a remote part of the present prison farm or preferably at another location.
5. Improvements needed at the Georgia State Prison should include a quickfreezing and cold-storage plant, additional warehouse facilities, a modern power house and light plant, and training quarters for personnel and custodial officers. The present female prison should be reconverted into a place for detention of juvenile repeaters.
We do not recommend the construction of a hospital at the State Prison for the care of the criminally insane or tubercular criminals. Our reason for this is that plans have been prepared by the State Welfare Department for the construction of a building to house the criminally insane at the State Hospital at Milledgeville, on which construction will begin immediately. We are also recommending, in another report, the construction of a separate unit at or near Alto where tubercular convicts may be treated. This will make it possible for specialists to have an opportunity to observe the tubercular and insane prisoners and supervise their treatment. A modern power house and light plant is necessary at the prison. A constant and reliahle supply of electricity for lighting is most essential to prevent prison disorder and attempt at escape.

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JOURNAL OF THE SENATE.

6. New buildings which we recommend for the State Prison Farm include a central granary, tankage plant, two calf barns, another cattle barn, two mule barns, and additional wells. We also recommend the prompt repair of existing tenant houses now located on the farm. Most of the labor for this work: can be secured from prisoners, and for this reason we have concluded that the cost to the state for these improvements on the farm will not exceed $40,000.00.
In conclusion, we desire to compliment the State Department of Corrections and its director and the personnel of the Department for the excellent work: that they are doing and for all that they have accomplished so far toward elevating the penal system of our state.
Respectfully submitted,
For the Senate: W. B. Freeman, Dr. W. H. Wall, ]. ]. Baggett.
For the House: Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire,
September 26, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR. HON. FRANK GROSS, P'RESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has made its official visit to the State Sanatorium at Alto, Georgia, and wishes to submit the following report and recommendations:
The committee was very favorably impressed with the progress and apparent improvements that have been made under Dr. Rufus Payne at the institution, and with his very comprehensive plan for future development. Like most of our institutions, we find that Alto is badly understaffed with reference to physicians, nurses, and personnel, and every effort is being made at this time to improve this situation as help becomes available.
The Masonic Childrens' Building is now being used to house nurses and hospital personnel and we recommend that this building be converted into a receiving and surgical building, and that a new nurses' home be erected on the grounds of the institution.
We recommend the construction of eight cottages for staff and personnel, and that extensive alterations and improvements be made in the main building. The cost of the above is estimated at $205,000.
The Negro patients are at present housed in frame cottages with a large coal stove in the middle of each to provide the only heating facilities in the cottage. These

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cottages are delapidated fire traps and are not suited in any way for the treatment of tubercular patients. We recommend that a complete new tubercular hospital be constructed in Central or South Georgia to take care of all colored patients, thereby removing all colored patients from Alto. It is estimated that this complete new unit will cost approximately $750,000. It is highly probable that in the future it will be necessary to construct another white unit of the approximate size of Alto. When and if this situation arises, the committee recommends that such unit be constructed at the same place as the Negro unit.
We recommend that a tract of land consisting of approximately 40 acres adjacent to and immediately north of the state property at Alto be acquired by the Sanatorium for the purpose of erecting cottages for staff and personnel heretoforl" mentioned.
Respectfully submitted,
For the Senate: W. B. Freeman, Co-Chairman,
Dr. W. H. Wall,
J. J. Baggett.
For the House: Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire.
Atlanta, Georgia, June 15, 1945.
PRELIMINARY REPORT FOR PRESS RELEASE ON SENATE AND HOUSE INVESTIGATING COMMITTEE'S VISIT TO STATE SANATORIUM AT ALTO ON JUNE 11, 1945
The committee was very favorably impressed with the progress and apparent improvements that are being made under Dr. Rufus payne at the State Sanatorium at Alto, and with his very comprehensive plan for future development. There is much to be done in the way of securing adequate staff and personnel. Effort is now being made to secure the services of a number of physicians, trained nurses, and hospital personnel to bring the institution up to its ~aximum operating efficiency.
The committee will recommend that $205,000 be made available to the institution as soon as possible, to bring the institution up to its maximum capacity and efficiency. These improvements will include converting of the Masonic Children's Building, which is now being used to house nurses and hospital personnel, into a receiving and surgical building; the construction of a modern nurses' home; the construction of eight cottages for staff and personnel; and extensive alterations and improvements of the main buildings.
The cottages now being used for the treatment of colored patients are antiquated, inadequate, and firetraps and should be abandoned at the earliest possible moment. The committee will recommend that the colored patients at Alto be re-

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moved to a more central location in the state and that an entire new plant be constructed for this purpose.
No figures are available at this time on the cost of this construction.

Atlanta, Georgia. June 29, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE. HON. ROY HARRIS, SPEAKER OF THE HOUSE.
NORTH GEORGIA VOCATIONAL SCHOOL
Your committee has completed its inspection of the North Georgia Vocational School, located at Clarkesville, Georgia. We were greatly impressed by the progress that has been made at this institution during its sixteen months of operation, also by the type of training offered in this trade school. This institution was taken over, remodeled to a certain extent, and operated by one of the NYA projects, and during that time more than $250,000 worth of equipment was installed here. Upon termination of that project the entire plant and equipment was turned over to Habersham county with the proviso that it be operated as a trade school. Habersham county in turn transferred the property to the State of Georgia with the same proviso.
During the sixteen months of operation by the state as a vocational and trade school 669 students have been enrolled, 334 have completed their training and have been placed in employment, 131 being in training at this time. Of this number 31 have been returning veterans, and 21 of these have completed their training and placed in industrial employment. This institution is accredited by the Veterans Administration and the Federal Government participates in the training program with funds which are matched by the State of Georgia.
Your committee envisions a tremendous demand for this type of trammg program upon the termination of the war. The program will have to be greatly expanded and similar institutions set up in other parts of the state. We feel that at the present time the North Georgia School program should be carried through to completion before the establishment of any others. A large percentage of the students enrolled here are physically handicapped and are being rehabilitated as useful wageearning citizens through the training received here.
There is operated in connection with the institution a fine farm, which provides the institution with much of its foodstuffs, and was operated in such a manner as to show a good profit during its first year of operation. Realizing the importance that an institution of this kind V~--ill play in the industrial development of this section in the postwar period, your committee recommends that a sum of $485,000 be allocatee! to the North Georgia Vocational School in any postwar building program for the following purposes:

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1. Administration building, to include offices, auditorium, library, classrooms, and gymnasium.
2. New shop building.
3. New dormitory (75 rooms) for female students, thus making the training facilities available to both sexes.
4. Sewage disposal system.
5. Central heating plant.
6. Improvements to farm buildings and other farm facilities.
7. Addition to warehouse.
8. Infirmary (1,800 square feet), the present infirmary rooms being transformed into student quarters.
9. Addition of three thousand square feet of floor space, the main shop building to afford ample facilities for an auto mechanics department.
10. Continiue present program of remodeling and improving and conversion of existing buildings.
Respectfully submitted,
On the Part of the Senate: William Freeman, Co-Chairman, Wallace Harrell.
On the Part of the House: Robert M. Cheshire, Wayne Hinson, Ben Fortson, Jr., Jim Evitt, Charles Gowen, Chairman.
Atlanta, Georgia, June 16, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, H.ON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON NORTH GEORGIA COLLEGE,
DAHLONEGA, GEORGIA
Your committee has completed its inspection of the North Georgia College. located at Dahlonega. We find here a unique unit of the Univeristy System which, next to the University itself, is the oldest institution in the Univer;ity System and the only military college operated by the state. Due to the outstanding work being done at North Georgia College, which has resulted in its "consistent growth, we find this

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institution operating under tremendous difficulties. In 1933 the enrollment of this school was 239, and showed a steady growth until, in 1941, the enrollment was 679, with 150 applications denied due to lack of facilities. The enrollment during the last fiscal year was 1,093.
This is a junior college in the University System, but unlike our other junior colleges it does not confine itself to a local area. The students enrolled here come from 125 to 135 counties in the state, there being no students accepted from without the state.
North Georgia College is one of eight military colleges in the entire United States that are classed as essentially military by the War Department, the others being Norwich University (Vermont), Pennsylvania Military College, Virginia Polytechnic Institute, Virginia Military Institute, Clemson, The Citadel, and Texas A.& M.
North Georgia College also has the distinction of being the only junior college in America that was awarded a government contract for basic engineering course.
We find the entire facilities of this institution taxed far beyond capacity. This includes classrooms, laboratories, dormitories, dining halls, and auditorium. Of the 1,093 students enrolled at the college last year they have campus accommodations for only 374. The off-campus accommodations are most undesirable, and it has been necessary for the college to buy a number of houses in which to house the faculty and students. We were greatly impressed by the fine work that is being done at North Georgia College by President Rogers and the members of his faculty. We are of the opinion that with adequate facilities provided for this institution it will take its rightful place among the outstanding junior colleges of the nation. We therefore recommend that the sum of $1,485,000.00 be made available to this institution in any postwar building program undertaken by the State of Georgia, improvements to include gymnasium-drill hall, science hall, dormitory for 150 girls, barracks for 300 cadets, students union-music, engineering shop, military building (classrooms, armory, 'ind offices), home economics house, apartment or homes for faculty, reshaping and landscaping campus, central heating plant, machinery and testing apparatus for engineering and semi-professional courses, instruments and equipment for wood, metal, and welding shops, extension to dining hall and kitchen, inclining of auditorium floor and balcony and extensive renovation, alteration and repair of existing buildings, the cost of which is included in the estimate.
Respectfully submitted,
On the Part of the Senate: William Freeman, Co-Chairman, Wallace Harrell. J. J. Baggett, Dr. W. H. Wall.
On the Part of the House: Charles L. Gowen, Chairman, Wayne Hinson, Ben Fortson, Jr., Bob Cheshire.

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445

HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA,
THE HON FRANK GROSS, PRESIDENT OF THE SENATE,
THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of the University of Georgia at Athens, and we beg to submit the following report:
The University of Georgia is the keystone of our system of higher education. For many years it consisted only of the liberal arts college and a course in law. In 1872, when it became the recipient of funds made available by the United States Government, its work was broadened to include instructions in agriculture and the mechanical arts. Later schools of forestry education, business administration, journalism, home economics, and a graduate school have been added, so that we now have an institution of higher education that should be well qualified and equipped to give higher education to all of the branches except those which are offered by the Georgia School of Technology in Atlanta.
As the field of the University of Georgia has broadened, its student body has rapidly increased and it now seems certain that within the next year or so it will have a student body of at least five thousand, which will make it one of the larger universities of the South.
If the State of Georgia intends to discharge its obligations to its youth, to provide higher educational advantages that are on a par with her sister Southern States, it must construct a physical plant capable of taking care of this expansion. If the state does not do this, we recommend that steps be taken to limit and curtail the enrollment of the University to a maximum of three thouscand, which will mean that two thousand Georgia boys and girls will be denied the educational advantages they seek at home and must of necessity go to other institutions at greater expense because of the lack of support from public funds.
Believing that the people of Georgia desire to give to its youth educational opportunities equal to those enjoyed by the young men and women of other Southern States, we recommend that there be included in our building program for the University of Georgia the sum of $4,550,000. This sum will provide a new library, a chemistry building, a physics building, a classroom for girls, an administration building, a dining hall and student union, a plant science building, an animal science building, an agricultural engineering building, a horticulture and botanical laboratory, two new dormitories for girls on the South Campus and two new dormitories for boys on the North Campus, and a central heating plant for the North Campus.
If the General Assembly at its meeting in January will permit the Board of Regents to issue revenue certificates for self-liquidating projects, at least $1,400,000 of the foregoing can be financed in this manner, which leaves only $3,150,000 to be financed by the general state postwar building program. We are informed that many other college dormitory student union dining halls and similar service facilities are financed by the revenue certificate plan, under which incomes froni the improvements are used to retire its costs.

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The State of Georgia in 1785, when it granted charter of the University, acknowledged its obligation to make higher education available to its citizens. The members of this committee believe that a college education should be available to those who desire it and who are capable of making use of it, and we believe this building program, together with an appropriation that will at least pay the salaries of the instructors, will make it possible for Georgia to achieve this goal.
We desire to express on behalf of the people of Georgia to President Caldwell and his faculty thanks for their splendid accomplishments. Their love for the University keeps them working for meager salaries with antiquated equipment. Such devotion to the great cause of education must be rewarded.
Respectfully submitted,
For the Senate: Wm. Freeman, ]. J. Baggett, W. H. Wall.
For the House: Wayne Hinson,Ben Fortson, Jr., Chas. Gowen, Chairman.
AMENDMENT TO REPORT ON GEORGIA STATE COLLEGE FOR WOMEN
MILLEDGEVILLE, GEORGIA
The committee voted to deduct $1,150,000 for certain buildings that can be financed by revenue certificate.
Atlanta, Georgia, September 15, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON..ROY HARRIS, SPEAKER OF THE HOUSE, HON. FRANK GROSS, PRESIDENT OF THE SENATE.
Your committee has completed its survey of the G~orgia State College for Women in Milledgeville, and found one of the most crowded and congested conditions in the University System of Georgia.
The first need of the college is for land. Practically all of the college buildings are located on a sixteen-acre square in the center of the town, with no space for expansion, and with little space for the students to use in their recreation.
We recommend that the request which the college has made for the sum of $75,000 with which to purchase needed land adjoining the campus be made available at once.

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447

The Georgia State College for Women has a regular enrollment of 1,200 students now, and it should provide for an expanded program in faculty and buildings to care for 2,000 students.
A five-year building program should include the following items, listed in the order of need:

COMPLETION OF PEABODY HIGH SCHOOL BUILDING
We recommend that funds in the amount of $175,000 be made available to construct and complete the high school building to meet the necessities of an expanding teacher education program in the college, and to care for the increased number of students. It is evident that the present building is inadequate. Also it is desirable to have the laboratory school and buildings away from the midst of college classrooms, as it is at present.

DORMITORY FOR 250 STUDENTS
We recommend that funds in the amount of $475,000 be made available to construct a dormitory to house 250 students. This institution has had a very crowded condition in the living quarters. This is not conducive to proper living conditions nor does it conform to the best of educational principles.

SCIENCE BUILDING
We recommend an appropriation of $350,000 to construct a fireproof building to house all the sciences. The quarters now being used for this purpose are entirely inadequate. In view of the expanding science program and the constant fire hazard in the present setup, this building is vital to the proper operation of the college.

STUDENT-FACULTY DORMITORY
We recommend that funds in the amount of $275,000 be made available to construct a student-faculty residence hall to house 150 students and members of the faculty. Housing space is very limited and steps must be taken immediately to alleviate this situation.
FIREPROOF AND REPLAN ATKINSON HALL
We recommend that funds in the amount of $150,000 be made available as soon as possible to rework Atkinson Hall. This buildi~g was the initial one on the campus and is more than fifty years old. Its location makes it a potential fire hazard at all times, and doubly so since the main food service is in this unit. We recommend that this building be renovated and replanned for use as a student activity building.

HOME MANAGEMENT HOUSES
We recommend that funds in the amount of $40,000 be made available to construct two home management houses. These buildings will be used in the instruction

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of home economics. This department is one of the largest in the college and trains a large proportion of the home economics teachers in the state. In order for the college to better prepare the teachers in this field, it is necessary to construct one home management house immediately for small town and city living conditions and one home management house in which to teach rural problems and rural living. At present this college is renting two houses for this purpose, but they are entirely inadequate.

NURSERY SCHOOL
We recommend that a fund in the amount of $25,000 be made available to construct a nursery school on the campus of the college which is necessary to comply with the demands for training nursery school teachers and supervisors in the state. Due to the growth of nursery school movement in Georgia, this has become a necessity. We find that this institution has trained as many or more teachers, workers, and supervisors than any other institution.

ADDITION TO COLLEGE LIBRARY
We recommend that a fund in the amount of $100,000 be made available immediately to construct an annex to the existing college library to care for its present needs. The present building was constructed and furnished facilities for 700-800 students. The college now has 1,200 students. This building must be done to care for the present student body and the normal anticipated expansion in the near future.
RENOVATION CHAPEL HALL
We recommend that a fund in the amount of $25,000 be made available to renovate Chappell Hall. This building houses the entire home economics department, which is one of the largest in the college. An inspection shows that the interior needs to be reworked to improve the safety and to be modernized to meet modern needs. No improvements have been made in some time.

COLLEGE INFIRMARY
We recommend that a fund in the amount of $50,000 be made available at the earliest possible time to construct an addition to the existing infirmary on the college eampus. This additionwill be necessary to. house the expanding health program. It is a normal anticipation that a permanent nursing program, as well as training for technicians, will become necessary part of work in the college very soon.

FIREPROOF AND RENOVATE TERREL HALL AND ANNEX
We recommend that a fund in the amount of $250,000 be made available to fireproof and renovate the buildings, which are constructed of wood except for the outside walls. We recommend an entirely new electrical system within these buildings by modernized wirings with general fireproofing. The potention existing hazards must be removed.

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449

FIREPROOF AND RENOVATE BELL HALL AND ANNEX
We recommend that a fund in the amount of $190,000 be made available to fireproof and renovate the buildings which are constructed of wood except for the outside walls. We recommend an entirely new electrical system within these buildings by modernized wirings with general fireproofing. The potential existing hazards must be removed.

ENNIS HALL RENOVATION
We recommend that a fund in the amount of $100,000 be made available to modernize and change this five-story building to comply with safety rules and to provide necessary living conditions.

PARKS HALL REPAIRS
We recommend that a fund in the amount of $35,000 be made available immediately to install fireproof stair wells and new wiring throughout this building. More people use this building than any other on the campus, as it houses the administration as well as classrooms and student union.
DORMITORY FOR 200 STUDENTS
We recommend that a fund in the amount of $400,000 be made available for construction of a fireproof and modern dormitory to alleviate the present conditions and care for the normal expectancy enrollment of 2,000 students.
DINING HALL
We recommend that a fund in the amount of $200,000 be made available for construction of the new, modern and fireproof dining hall, and, in addition, to provide food service for 1,000 students. This will be necessary to provide proper food service in an expansion program of the college.
ADMINISTRATIVE AND BUSINESS ADMINISTRATION BUILDING
We recmmend that a fund in the amount of $250,000 be made available for construction of a new, modern and fireproof building to house the administration of the college and the department of business administration. The present administration building is not fireproof, nor is there sufficient vault space to care for necessary and important records of the students and other business operations. This should be done as soon as possible. This building will house all related administrative offices which will make for more efficient operations.
FACULTY HOUSES AND LAND
We recommend that a fund in the amount of $50,000 be made available for the acquisition of land for the construction of modern homes or apartments for use by the college faculty and employees. This is to alleviate crowded living conditions and to provide more normal living conditions for the faculty.

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CHANGES IN ELECTRICITY LINES
We recommend that a fund in the amount of $10,000 be made available immediately to remove the overhead electric lines and place them underground. This is necessary because of the potential hazard of high-tensioned lines over the recreational fields and the various grounds on campus leading to classrooms and the library.
The committee found many buildings in need of fireproofing, extra stairways, elevators, etc.
The committee would like to commend the college in the following ways: President Guy Wells for his aggressive and far-sighted conception of modern educational methods, his excellent teacher training program and general leadership of this splendid school for Georgia's young women. We wish also to commend Mr. ]. H. Dewberry for his very efficient business administration of the college, and other members of the administrative staff and faculty for their loyal and keen interest in the advancement of this institution.
On the Part of the Senate: Wallace Harrell, Dr. W. H. Wall.
On the Part of the House: Charlie Gowen, Chairman, Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr., Bob Cheshire.
AMENDMENT TO REPORT ON TRAINING SCHOOL FOR BOYS
MILLEDGEVILLE, GEORGIA
It is the opinion of the committee upon further consideration of the Boys Training School report that the item of $1,250,000 designated for the construction of a new unit in another part of the state be deferred at this time and same not incorporated in our final report.
Atlanta, Georgia, July 25, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed its inspection of the Training School for Boys, located at Milledgeville, Georgia, and makes the following recommendations:
The present capacity of the Training School is 300, and the average length a student remains in the school is twelve and a half to thirteen months. This is en-

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451

tirely too short a time for the proper training of the delinquent boys. Your committee recommends that two new dormitories be erected at the cost of $100,000.
As recreation is an important part in training of boys, your committee recommends that a recreational building with swimming pool and proper equipment be provided at a cost of $75,000.
Since the Training School is located outside of Milledgeville and it is desirable to have all personnel quartered at the school, since they are practically on twentyfour-hour duty, we recommend that an apartment building be erected for personnel to cost approximately $100,000.
We also recommend that five cottages be constructed for employees adjacent to the Training School at a cost of approximately $30,000.
At an institution of this type it is essential that the director live on the grounds of the institution so that he can be available at all hours, and we recommend that a residence be constructed for the director at a cost of approximately $15,000.
Since many of the students desire to study or work: on problems connected with their vocational training, it is desirable that facilities be furnished where they can do this at night. There is space available in each of the dormitories where facilities can be installed so the boys can apply many hours at night to their favorite subjects provided these rooms are properly equipped. We recommend that $10,000 be provided for equipping study rooms and work: shops in the dormitories.
The above recommendations are for the white unit. For the colored unit we recommend that a personnel building be constructed and equipped at a cost of $45,000. There is no auditorium or place for assembling the students at the colored unit, and we recommend that $40,000 be provided for building an auditorium and equipping the same. There is no vocational building at the colored unit where trades can be taught. We recommend that $60,000 be provided for a vocational building and equipment.
We recommend that the Highway Department make a survey and pave the streets and sidewalks at this institution.
Since dairying is fast becoming one of the leading farm income sources in Georgia, the boys at this institution should have an opportunity to study modern dairy methods. We recommend that the sum of $35,000 be set aside to build dairy and mule barns and to buy dairy cattle and mules for this school.
Should the new buildings be erected, this necessitates expanding the water system and sewage system to accommodate the increased facilities. We recommend $75,000 be made available for the expansion of these utilities and $7,500 be provided to improve the present water system and add additional fire protection.
Since many of the students are from small towns and rural communities and are interested in agriculture and truck: farming, we recommend that an irrigation system be installed where vegetables are being grown, this irrigation equipment to cost approximately $7,500.

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Additional laundry and dry cleaning equipment is needed at this institution, and we recommend that $10,000 be provided for this equipment.
We recommend that an ice plant and quick-freezing building and equipment be provided so that the cost of buying groceries and vegetables can be greatly reduced by preserving vegetables and fruits for use at the school. We recommend that $25,000 be provided for this plant.
At least $4,000 should be provided for playground equipment so that the three hundred boys at this institution can have the benefit of a well-rounded recreational program.
The school is in need of farm equipment and an incinerator. We recommend that $8,500 be provided for this purpose.
Your committee was most favorably impressed with the excellent plant located at the Boys Training School. Mr. Ireland and his staff are doing an excellent job and the state may well be proud of this institution and the results obtained with the facilities at hand. However, since boys attend this institution from seven years of age up to eighteen, your committee feels that a separate institution should be provided for boys from fourteen to eighteen years of age. This institution should have a capacity equal to the present Boys Training School and should be located near a town that has hospital and other facilities where the boys can be cared for. We recommend that another training school patterned after the present school at Milledgeville be erected elsewhere in the state at a cost for plant and equipment of around $1,250,000. Should this plant be constructed, this will enable the Training School for Boys to keep the students for from eighteen to twenty-four months and better equip them to become useful and law-abiding citizens of the state and prevent many of them from becoming repeaters and ending up in the penitentiary.
Respectfully submitted,
For the Senate: Wm. Freeman, Jess Baggett, W. H. Wall.
For the House:
Chas. Gowen, James Evitt, Jr., Wayne Hinson, Ben Fortson, Jr.
Atlanta, Georgia, September 19, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRI.S, SPEAKER OF THE HOUSE. Your committee has completed its survey of the Milledgeville State Hospital and submits the following recommendations:

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453

The most pressing need at this institution at the present time is a new laundry and equipment. They have practically completed a new building from old brick from other buildings demolished. It is estimated it will take $175,000 to complete and equip this laundry, which will enable every patient and attendant to have five pounds of laundry daily. This laundry will furnish laundry for a hospital having 8,500 patients and approximately 1,000 attendants.
Another pressing item is the need of metal beds, springs, mattresses, tables. rocking chairs, dishwashing machines, and other equipment to furnish the new buildings and equip the old buildings where they will be more modern. It is estimated that it will require $350,000 for this equipment. The hospital is now using over 3,000 wooden beds that have been in use forty to fifty years, and it is practically impossible in the crowded conditions to keep the beds free of insects.
Another item the hospital is in need of is medical laboratory and dental equipment. The dental laboratory is being doubled in capacity, and a new laboratory is being built in the hospital, and the X-ray department is being enlarged so that all patients may be properly X-rayed from time to time. To purchase and install this equipment will require approximately $100,000.
The hospital now has a small auditorium located in the female convalescent building, which increases the fire hazard to this building. An auditorium should br constructed to accommodate most of the patients. It is estimated that $275,000 will construct a new auditorium. We recommend that this auditorium be constructed at the earliest possible moment in order to remove the fire hazard as much as possihlt from the female convalescent building.
The hospital is badly in need of additional medical and lay staff. The appropriation is not now sufficient to enable the superintendent to properly staff the hospital. We recommend that an additional appropriation of $350,000 a year be providetl for the needed increased personnel.
The hospital has established a library for the medical and nursing staff. They are badly in need of technical and textbooks so that the nursing school and medical staff may keep properly informed. We recommend that $10,000 be provided to buy the books to equip this library.
This hospital is in need of a new bakery and equipment. It would probably take some time to get the equipment for a bakery, and the building can be built from old brick from the condemned buildings. We recommend that $115,000 be madr available for building and equipping a new bakery.
The hospital is unable to produce the amount of milk that should be consumed by the patients. They have ample pasture lands and dairy facilities, having just completed a new dairy barn. Milk is an essential diet for sick p.eople, and we recommend that $50,000 be provided to expand the dairy herd.
The administrative building, known as the Center Building or Powell Building, contains the administrative offices and six female wards. The floors of this building should be fireproof and a sprinkler system installed and recreation porches aclclecl to

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the wards. We recommend that $125,000 be provided to make these necessary improvements. This building is a fire hazard due to its construction.
It is practically impossible to increase the staff of the hospital any further because of lack of residences for the medical staff. The committee recommends that twenty residences be built for the medical staff and that twenty residences be built for the administrative staff. It is estimated you can build these forty residences for $240,000, which will materially aid the hospital in receiving a better type of personnel.
Your committee recommends that the female convalescent. building be demolished and a new modern fireproof building be constructed as quickly as revenue can be found. This building has as high as sixty female patients to a ward on the fourth floor with only one toilet facility to the ward. This building has wooden floors and wooden lath plastered walls, and should a fire break out it would be impossible to empty the building. This is one of the oldest buildings at the hospital and is beyond repair. It is estimated that a new fireproof female convalescent building can be constructed for $350,000, which would take care of the patients now housed in this building.
There are four female detached buildings, some of which are two stories high. These buildings are of frame structure and it is difficult to maintain them in a sanitary condition due to their age and construction. It is recommended that these buildings be abandoned and a new building constructed to house these patients at a cost of $250,000.
The twin buildings, known as the Whittle and Cabiness Buildings, should be demolished. It is impossible to remodel these buildings and make them suitable for hospital buildings. We recommend that these buildings be abandoned and two new buildings be constructed at a cost of $500,000.
They have a colony of Negro patients at the farm, about six miles from the main hospital, where they house approximately 300 patients who work the farm. They are housed in wooden buildings and all facilities are in terrible condition, being of frame construction, and some of the buildings are over fifty years old. The joists are rotten and it is impossible to make any repairs. We recommend that these buildings be demolished and that three new dormitories, a dining hall, and kitchen be constructed at the farm at a cost of $275,000. These buildings should house all the Negro patients remaining at the Milledgeville State Hospital, with the exception of one new Negro building at the main hospital, which will house the patients keeping up the grounds, working at the abattoir, hauling coal, and performing other duties around the institution. We recommend that all other Negro buildings be abandoned and demolished and that a complete new Negro institution be constructed somewhere in South Georgia nearer the center of the Negro population, where good farm land can be obtained so that the Negro patients can produce foodstuffs for the institution. In one state we visited, the Negro institution produced a net of $150,000 worth of foodstuffs last year, and this would materially aid the institution. It is estimated that a complete modern institution fully equipped would cost $3,500,000. The present Negro buildings are in worse shape that any buildings at the institution, and are beyond repair. It would be a waste of money to try to repair the buildings, and your committee feels they should be abandoned as early as possible.

MONDAY, JANUARY 28, 1946

455

By constructing a new unit for Negroes in South Georgia it would reduce the population at Milledgeville to approximately 5,000 patients and the superintendent would be able to secure a much higher type of personnel from the limited amount of man and woman power available at Milledgeville. By removing the Negro unit to South Georgia the employee situation at Milledgeville would be solved. They now need approximately 400 additional attendants if the entire institution is to remain at Milledgeville.
The nurses' home is a good structure except the interior, which has wooden floors, wooden walls and wood stairways. The bathing facilities are poor, and the building should be remodeled to become a fireproof and modern building, and bathing facilities should be installed. It is difficult for the institution to get student nurses because of living conditions in this building. We recommend that $150,000 be provided to remodel, fireproof, and modernize the nurses' home.
The above recommendations of the committee will entail an expenditnre of $6,815,000, and would give Georgia one of the outstanding, if not the outst: 1ding. institution of its kind in the South.
Your committee visited the mental institutions in adjoining states and found the new buildings and the hospital at Milledgeville are equal, if not better than buildings found at institutions in neighboring states.
We wish to commend Judge A. J. Hartley, director of the Department of Public Welfare, and Dr. Y. H. Yarbrough, superintendent of the hospital, and his staff for the excellent job they have done at Milledgeville State Hospital with the facilities and means they have at their command, especially during the past few years under war conditions, when it was impossible to secure competent help at the wages prevailing under appropriations made available, and the scarcity of foodstuffs and materials, of which every citizen is familiar.
Respe~tfully submitted,
On the Part of the Senate: W. B. Freeman, Co-Chairman, J. J. Baggett.
On the Part of tlze House: Charles L. Gowen, Chairman, Ben Fortson, Jr., David Arnold, Bob Cheshire, Wayne Hinson, Jim Evitt, Jr.

456

JOURNAL OF THE SENATE,

The following message was received from the House through l\fr. 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 197. By Mr. Durden of Dougherty:
A resolution resolved by the House, the Senate concurring: That a committee of five, three to be named by the speaker and two by the president of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die.
And the speaker has appointed on the part of the House the following:
Messrs. Harrison of Jenkins, Kenimer of Harris, and Rossee of Putnam.

The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
1\1 r. President:
The House has appointed a second committee of conference on the following resolution of the House to wit:
HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.
And the speaker has appointed on the part of the House the following:
Messrs. Hand of Mitchell, Harrison of Jenkins, and Gowen of Glynn.

The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:
IHr. President:
The House has ruled that the following resolution of the Senate IS not priviledged:
SR 75. By Senator Gross of the 31st:
A resolution authorizing the governor to appoint two members of the General Assembly to make a tour of the war countries of Europe and to report back to the next session of the General Assembly.
The following message was received from the House through Mr. P. T. McCutchen, Jr., the clerk thereof:

MONDAY, JANUARY 28, 1946

457

Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 76. By Senator Norton of the 33rd:
A resolution by the Senate, the House concurring in a separate resolution, that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our Congressional delegation, use their best efforts to speedily and effectively cause the negotiations for the transfer of Battey General Hospital.

Senator Millican of the 52nd asked unanimous consent that the Senate insist on its position with reference to HR 147, and that a second committee of conference be appointed.
The motion prevailed, and the president appointed as a second committee of conference on the part of the Senate:
Senators Millican of the 52nd, Daves of the 14th, and Branch of the 47th.

Senator Sabados of the lOth moved that the Senate recede from its position on HR 147, and the motion prevailed.
On the motion that the Senate recede from its position, the ayes were 4, nays 29, and the motion was lost.

The committee appointed to notify His Excellency, the Governor, that the General Assembly had transacted its business and now stood ready to adjourn sine die, reported that it had dispatched its message to the governor.

The president announced the Senate adjourned sine die at 5:29 p. m.

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INDEX
TO
JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
Fifteen-Day Session
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 14, 1946

460

INDEX

INDEX
SENATE JOURNAL INDEX
For Numerical Index see page 477.
A
Abandonment of children by mother made misdemeanor, HB 552-------------------------------------------------------------------------------------------79, 109, 244, 293
Abbott, Lt. B. T., presented to the senate------------------------------------------------------------------.14 Adairsville extends city limits, HB 710________________________________________________120, 132, 177, 212 Adairsville, provide referendum for water works system,
HB 711 -----------------------------------------------------------------------------------------------.120, 132, 176, 211 Additional allotment authorized for highways, teachers, salaries, text-
books, health, hospitals, etc., HR 146__________________________ _103, 111, 205, 263, 264, 304 Admission and maintenance of widows of confederate veterans to the
soldiers home, HB 601..._____________________________73, 112, 204, 265-267, 305, 309, 399-402 Allan, Hon. Ivan, Jr., presented to senate--------------------------------------------------------------------47 Amend code section 13-2023, removing limitation to amounts of federal
farm loan bonds subscribed by bank, HB 484______________________________73, 110, 306, 377 Amend code section 20-506, relative to attorney fees, HB 720...... 195, 199, 244, 317 Amend code section 32-3701, relating to levy of taxes by counties,
HB 684---------------------------------------------------------------------------------------------.118, 131, 245, 378 Amend code section 64-110, exceptions and supersedas, HB 658....168, 172, 241, 242 Amend code section 84-303 of the 1933 code, providing for the issuance
of certificates to practice architecture, SB 278__________________________________67, 180, 259 Amend code section 87-201, 87, 203, and 87-204, to provide for elections
and methods of issuing revenue certificates, HB 760___________.269, 277, 317, 377 Amend code section 87-203, 87-204, to provide when counties may issue
bonds and how to determine the number of votes cast, HB 780-----------------------------------------------------------.234, 235, 277, 318, 379, 380, 403, 405 Amend code section 92-6215, to strike the word "poll," to make read "are you a registered voter," SB 285-------------------------------------------89, 133, 185, 186
AMENDMENTS TO CONSTITUTION
Certain property exempt from taxation, SB 252------------------------------------7, 78, 138, 371 Constitutional state board of public welfare, creating, HR 169....165, 173, 205, 322 Constitutional state highway department, to provide,
HR 147.----------------80, 111, 135, 295-297, 315, 374, 375, 380, 382, 394, 456, 457 Property owned by any veterans organization exempt from taxation,
SR 58.........-------------------------- ------------------------------------------------------------------------1 0, 31, 81

INDEX

461

Revenue anticipation certificate, issuance authorized in two counties for building stadium, SR 69..................................:............................. 115, 178, 254, 255
Right of all elective state officials to succeed themselve~, SR 27................................37 Senatorial districts increased from 54 to 56 ,also members, SR 68............115, 203 State not to levy ad valorem tax on property in state, SR 60........................26, 180 State officials sued in home county for wrong doings, SB 294....................115, 229 Amend law relative to notice given for local legislation, HB 727....236, 258, 315, 377 Americus, to provide for zoning and planning laws, HB 665...... 105, 107, 134, 182
APPOINTMENTS OF GOVERNOR CONFIRMED
Akin, Paul F.....................................................................................................................385
Allen, Ivan, 1r.....................................................................................................................384
Allen, Winston S. ..................................................................................:.........................386 Almand, Bond ....................................................................................................................389 Anderson, E. H .............-...................................................................................................390 Anderson, Holstead T ....................................................................................................... 87
Anderson, Peyton, 1r.......-...................................................................................................85
Ashworth, Maynard R. ................................................................................................385 Atkinson, David S...............................................................................................................385 Bazemore, George M .........................................................................................................387 Beasley, Chas. W .................................................................................................................390
Bell, 1ohn S........................................................................................................................... 85
Bernhardt, Chas. ................................................................................................................ 85
Blake, Morgan --387
Blalock, Broxton, 1r........................................................................................................... 87 Blalock, Louise 1................................................................................................................. 88 Bloch, Chas. 1.....................................................................................................................385 Boehm, 1ulian V.................................................................................................................387
Bothwell, Eugene ................................................................................................................ 87 Brice, H. Turner................................................................................................................ 87
Brown, W. E...................................-----391 Bryant, Everett C............................................................................................................... 88 Burns, Robert A...................................................................................................................386 Butler, Ralph .................................................................................................................... 386
Caldwell, Harmon W ...------386 Callaway, T. F................................................................................................................... 87 Candler, Tom S..................................-................................................................................389
Chichester, Helen L.........------ 86 Clark, Harris ...................................................................................................................... 87 Clary, W. C.........................................................................................................................389
Clower, E. 1.........................................................- 85
Coleman, Theo W ...................--- 86 Collier, Chas. A...................................................................................................................386
Cook, 1. Eugene...........,......................................................................................................389
Cowart. Robert ..................................................................................................................386

462

INDEX

Crudup, Josiah ....................................................................................................................386 Davidson, Ed ......................................................................................................................387 Dick, Jackson P., Jr.............._........................................................................................... 85 Dickerson, Glenn ...................................................... ..... ........... .......................................... 86 Dobbs, H. T ......................................................................................................................... 85 Duke, Dan .......................................................................................................................... 85 Dwyer, Frances, Mrs.........................................................................................................386 Edwards, W. S.....................................................................................................................385 Ellis, Wm. D ....................................................-..................................................................387 Everett, Edward B.............................................................................................................388 Equen, Murdock ................................................................................................................390 Garber, Alfred E.................................................................................................................391 Gardner, B. C.......................................................................-..............................................385 Gibson, A. Scott..................................................................................................................390 Gilbert, W. R...............................-.....................................................................................390 Gregory, C. E., Jr...............................................................................................~--- 88 Harden, R. U ....................................................................................................................... 85
~::~~'w~~-~-~---~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~
Head, T. Grady..................................................................................................................389 Hill, Hugh ..........................................................................................................................388 Holloway, W. C................-................................................................................................391 l'tofton, W. B.......................................................................................................................390 Houlihan, J. P..................................................................................................................... 84 Hull, James M ...................................................................................................................386 Huntt, Parks ......................................................................................................................386 Jenkins, W. F.......................................................................................................................385 Jones, Alfred W ................................................................................................................... 84 Jones, Mae M ..................................................................................................................... 86 Jones, Sara ..........................................................................................................................389 Lambert, Ben ...................................................................................................................... 87 Lanier, Wilmer D ........................................................-......................................................386 Layton, C. E.........................................................................................................................390 Lloyd, Clabus ......................................................................................................................388 Long, Robert A...................................................................................................................387
Luke, J. Clarke, Jr............................................................................................................. 87 Mallard, Wade V............................................................................................................... 86 Mathis, 0. N .......................................................................................................................391
Meeks, Jesse L ..................................................................................................................... 87 Melton, Quimby Sr............................................................................................................. 85 Moore, Wiley L................................................................................................................... 87 McDonald, George T ......................................................................................................... 84
McRae, Mrs. Floyd W .....................................................................................................386 McWaters, Elizabeth Mrs.................................................................................................387 Norwood, June W ............................................................................................................... 88
Palmer, J. W .......................................................................................................................390

INDEX

463

Parker, Will C--------------------------------------------------------------------------------------------------------------388 Patterson, J. C------------------------------------------------------------------------------------------------------------------- 86 Penland, Thomas C---------------------------------------------------------------------------------------------------------- 87 Persons, Henry .:..------------------------------------------------------------------------------------------------------------ "85 Peterson, James ---------------------------------------------------- ---------------------------------------------------------- 85 Plreger, Paul H------------------------------------------------------------------------------------------~-----------------------388 Pope, Joseph A------------------------------------------------ ------------ ------------------------------------------------------.388 Powell, J. W------------------------------------------------------------------------------------------------------------------- 87 Renfroe, J. L---------------------------------------------------------------------------------------------------------------------.389 Riordan, Patrick: J ------------------------------------------------------------------------------------------------------------ 88 Rogers, R. Lee------------------------------------------------------------------------------------------------------------------ 86 Sanchez, Frances ---------------------------------------------------------------------------------------------------------------- 86 Sapp, C. C.....------------------------------------------------------------------------------------------------------------------------387 Scott, Fred Sr----------------------------------------------------------------------------------------------:--------------------- 85 Segler, Roy -----------------------------------------------------------------------------------------------------------------------.385 Sharp, C. K------------------------------------------------------------------------------------------------------------------------ 86 Skelton, A. S-------------------------------------------------------------------------------------------------------------------------386 Sloan, Boyd -----------------------------------------------------------------------------------------------------------------------389 Smith, E. Oren....----------------------------------------------------------------------------------------------------------------390. Smith, Marion -------------------------------------------------------------------------------------------------------------------- 88 Spratlin, Frank: ------------------------------------------------------------------------------------------------------------------ 88 Stevens, Ed ------------------------------------------------------------------------------------------------------------------------ 86 Stone, William L----------------------------------------------------------------------------------------------------------------385 Thompson, M. E----------------------------------------------------------------------------------------------------------------- 84 Thornton, Ella MaY---------------------------------------------------------------------------------------------------------.385 Thornton, T. B---------------------------------------------------------------------------------------------------------------387 Twiggs, L. M--------------------------------------------------------------------------------------------------------------------.387 Tucker, Arlie D------------------------------------------------------------------------------------------------------------------ 88 Turner, Herman L-----------------------------------------------------------------------------------------------------------.387 Van Leer, Blake R-------------------------------------------------------------------------------------------------------------- 85 Veal, D. D--------------------------------------------------------------------------------------------------------------------------- 87 Waters, T. A---------------------------------------------------------------------------------------------------.390 Watt, Wm. A.......----------------------------------------------------------------------------.387 West, Henry H ................:..------------------------------------------------------------------.385 Wise, J. C., Jr....----------------------------------------------------------------------------------.387 Yaden, J. L.....................----------------------------------------------------------------.385 Young, A. E., Jr.........--------------------------------------------------------------------- 86
Assistant state treasurer appointed by state treasurer,
HB 659 ----------------------------------------------------------------.116, 129, 206, 262, 304
Assistant treasurer, appointment of, SB 245.......------------------------------------------ 6 Athens, amend charter to make the mayor the chief executive
officer, SB 266....----------------------------~-----------------------------------------1 0, 44, 71, 169 Athens, board of education given right of eminent domain
for acquiring property, HB 650. -------------------------------------------------19, 109, 135, 183

464

INDEX

Athens, bond issuance to establish a sysetm of free public schools, SB 263..........................................................................................9, 29, 45, 164
Athens, mayor given veto power, HB 628............................................ 104, 107, 134, 182 Atkinson county, salary of commissioner at $1800 a year, SB 274......41, 133, 181, 367 Atlanta, amend charter repealing section 6 and 7 approved
March 9, 1945, HB 644.................................................. 196, 200, 265, 307-309, 392 Atlanta, amend charter so employees of dept. of law be placed
under civil service, SB 281........................................................67, 112, 135-136, 367 Atlanta, amend charter to provide pension to widows of members
of fire dept. who died in army or line of duty, SB 282..................67, 112, 136, 369 Atlanta, provide airport zoning regulations, SB 295..........................115, 175, 209, 371 Atlanta, providing for compulsory retirement of city employees
at 65 years of age, SB 283................................................................68, 112, 137, 369 Atlanta, to provide prevailing wage rates be paid skilled
mechanics in city employ, SB 293....................................................115, 175, 208, 371 Augusta, amend charter, HB 791.......................................................... 197, 201, 242, 280 Augusta, salary of commissioners of public safety not less
than $5,QOO per annum, HB 790.................................................... 197, 201, 242, 280 Augusta, time and method of electing members of city council,
HB 792 ............................................................................................198, 202, 278, 310 Avertt, Miss Lauta, presented to the senate................................................................ 14 Avondale elementary school, 7th grade recognized in gallery...................................... 181

B
Baby chicks tested for pullorum, HB 584..................................... 168, 173, 243, 325-327 Baldwin county, to establish zoning and planning laws,
HB 736 .................................................................................... 167, 170, 204, 249, 250 Barnesville, property owners to pay for street grading and
paving, HB 716................................................................................195, 199, 242, 280 Battle, Hon. C. L., death lamented................................................................................313 Bell, Major John presented to senate..............................................................................260 Bibb county, commissioners to establish pension and/or
insurance provisions for county employees, HB 756........:...........166, 171, 205, 248 Bibb county, increase pay to secretary of coroners jurors,
HB 755 .............................................................................................. 166, 170, 244, 282 Bibb county, superior court to supplemen tsalaries of judges,
HB626 .............................................................................................. 119, 128,205,248 Blairsville, new charter for city, HB 688............................................163, 172, 207, 251 Bland, Mr. D. G., presented to the senate......................................................................286 Bleckly county, distribution of fines to officers of court,
HB 804 ............................................................................................234, 258, 290, 373 Board of examiners of nurses, age lowered, HB 655........................117, 131, 178, 283 Broome, C. J. Jr., presented to the senate...................................................................... l38 Broome, Carl, presented to the senate.............................................................................. 138 Broome, Dean, presented to the senate........................................................................138 Broome, Lee, presented to the senate...............................................,.............................. 138

INDEX

465

Broome, Sherwood, presented to the senate.................................................................... 138 Brunswick, create city court, HB 638.................................................. 116, 128; 176, 211 Brunswick, close certain streets, HB 627..............................................1 16, 128, 176, 210 Bryan county, each local school district to issue bonds for
schools, HB 766......................................................................195, 200, 243, 282, 303 Business license to veterans free, 10o/o or more disability, SB 224.............................. 53 Butts county, two members of board of c;ommissioners
constitute a quorum, SB 235........................................................................43, 71, 215
c
Carroll, Senator and Mrs., from Wisconsin presented to Senate..................................268 Cedartown, extends city limits, HB 636................................................ 119, 128, 177, 212 Chamblee, amend charter authorizing the improvement
of sidewalks, HB 679................................................................80, 108, 135, 182, 183 Chamblee, to enact zoning and planning ordinances, HB 681..........121, 131, 178, 209 Chancellor Steadman B. Sanford, death lamented, HR 154................................121, 404 Christian Science Monitor, thanks for splendid paper..................................................314 Cities authorized to levy tax for paying teachers pensions,
HB 728 .............................................................................................. 121, 126, 203, 286 Civilian production administration requested to rescind rosin order
M-387, HR 186..................................................................................................196, 202 Clarkesville high school, senior class recognized in gallery..........................................212 Clay county, abolish offices of tax receiver, and tax collector,
HB 649 ..............................................................................................! 16, 129, 205, 249 Clinch county, qualifications of solicitor, HB 713.......................... 120, 126, 204, 250 Clinch county, tax receiver to be paid commission on all taxes collected,
HB 750............................................................................................195, 200, 278, 310 College Park, provide pension system and create a pension board,
HB 672............................................................................................168, 172, 208, 251 College Park, salary of recorder raised, HB 657............................117, 127, 177, 210 Collins, Colonel, presented to senate................................................................................97 Columbia High School, Govt. class, presented to senate............................................51 Columbus, absence of employes not exceeding 24 mos. not to preclude
them from receiving pensions, HB 660........................................117, 129, 176, 213 Columbus, city to furnish local utility service, HB 674..............79, 110, 179, 252, 304 Columbus, extend corporate limits, HB 671............................ 118, 130, 208, 246, 247 Columbus, to provide civil service in police and fire dept,
HB 661................................................................................................79, 109, 135, 182 Columbus, to provide civil service in police and fire dept.,
HB 661............................................................................................79, 109, 135, 182 Columbus, to record and publish ordinances, HB 673.................... 118, 130, 176, 209 Colquitt, increase of ad valorem for expenses, HB 783....................196, 200, 245, 281
COMMITTEE REPORTS (STANDING)
Academy for the Blind........................................................................................................ 11 Agriculture............................................................................................................69, 230, 300

466

INDEX

Amendments to the Constitution...................................................... 11, 27, 125, 192, 229 Appropriations.....................................- ............................................................. 12, 191, 272 Auditing ........................................................................................................................11, 12 Banks and Banking.....................................................- ............................................. 12, 299 Congressional and Legislative Re-apportionment................................................l62, 163
Conservation --11 Corporations ..................................................._..................................................................... 12 Counties and County
Matters........................ ll, 29, 41, 124, 125, 190, 193, 231, 269, 270, 271, 273, 366 Drainage ................................................................................................................................11 Education and Public Schools................................................................l1-12, 92, 123, 194 Engrossing................................................................................................273, 2.74, 275, 299 Enrollment.................................................................................................... 12, 275, 276, 364 Finance......................................................................l1, 12, 28, 69, 90, 160, 230, 273, 301 {]arne and Fish............................................................................................................11, 42 General Judiciary Nu~ber One....................................................................41, 191, 365 General Judiciary Number Two.................................................................. 123, 232, 270 Highways and Public Roads........................................................................l1, 12, 91, 300 Hygiene and Sanitation...................................................................................................-.11 Industrial Relations.................................................................................................. 192, 230 lnsurance.........- ................................................................................. 11, 123, 124, 161, 232 Internal Improvements..................................................................................................11, 12
Journals -12 Manufactures ........................................................................................................................ 12 Military Affairs........................................................................................................12, 13, 66 Mines and Mining.............................................................................................................. 13 Motor Vehicles............................................................................................................121-122 Municipal Govern-
ment........l2, 28, 42, 43, 92, 122, 123, 161, 162, 189, 190, 194, 233, 271, 300, 301 Penitentiary .................................................................................................................... 12, 91 Privileges and Elections...................................................................................................... 13
Public Highways -.232 Public Printing .................................................................................................................... 13 Public Property..............................................................................................28, 122, 192, 272 Public Utilities............................................................................................................ 12, 271 Public Welfare....................................................................................................69, 161, 189 Rules .............................................................................................:........................................ 12 School for the Deaf............................................................................................................ 13 Special Judiciary......................................................................................................43, 91, 231 State of Republic........................................................ 125, 188, 193, 270, 272, 301, 365, 367 Temperance.........................................-........................................................................ 12, 270 University System of Georgia............................................................................ 12, 13, 27 Veterans Affairs...................................................................................... 12, 13, 27, 68, 124 Western and Atlantic Railroad........................................................................................ 13
COMMITTEE REPORTS (SPECIAL) Institutions...................................................................................................... 14-16, 406-455 Albany State College........................................................................................................429

INDEX

467

Confederate Veterans Home............................................................................................415 Georgia Academy for the Blind................................................................................434-437 Georgia Evening College................................................................................................410 Georgia Experiment Station...........................................................................421, 427-429 G. S. C. W., Milledgeville, amended report........................................................446-450 Georgia School of Medicine, Augusta..................................................................419-421 Georgia Southwestern College........................................................................................430 Georgia State Woman's College................................................................................425 Georgia Teachers College.....................................,........................................................416 Georgia Tech ....................................................................................................................408 Georgia Training School for Mental Defectives................................................417-419 Middle Georgia College..................................................................................................431 Milledgeville State Hospital....................................................................................452-455 North Georgia Vocational School..................................................................................442 North Georgia College-Dahlonega............................................................................443 School for the Deaf............................................................................................................423 South Georgia College......................................................................................................426 State Prison-Reidsville .............................................................................................437-440 State Sanatorium-Alto ....................................................................................................440 Training School (colored girls) ................................................................................412 Training School for Boys-Milledgeville....................................................................450 Training School for Girls..............................................................................................413 University of Georgia-Athens........................................................................................445 University System of Georgia, General Extension....................................................408 West. Georgia College.................................................................................................-....422

COMMITTEES SPECIAL
Notify Governor, general assembly has reconvened, HR 144............................ 13-14 To investigate and make regulations for retirement system for state
employees, SR 72......................................:.................................................................298

CONFERENCE COMMITTEE REPORTS
HB 367, Gasoline used on farm operation exempt from tax........................ IOl, 102 HB 601, Admission and maintenance of widows of Confederate vet-
erans to soldiers home................................................................................399-401 HB 147, Constitutional state highway department, to provide..........................380, 382

COMMUNICATIONS
Governor Arnall ............................................................................................................47, 83 Supreme court, exhibits..................................................................................................31-36 Comptroller general, abolish office of, SR 38............219, 220, 228, 229, 255, 256, 268 Comptroller general authorized to appoint deputy comptroller general,
SB 291 ................................................................................................................ 114, 242 Confederate soldiers and widows pensions increased to $50 per mo.,
SB 296 ................................................................................................................ 157, 158

468

INDEX

Confederate soldiers' graves marked, HB 207................................................................36 Confederate veterans' widows admission and maintenance at soldiers'
home, SB 232................................................................................................................51 Congress ask to enact effectual anti-strike laws, SR 64................................................68 Congress memorialized prohibiting price administration from placing
price ceiling on pulpwood growers, HR 173................................................80, 391 Congressmen George and Russell urged to use their efforts to secure
Battey General Hospital for Ga., SR 76....................................................376, 457 Conservator of estates appointed for people who are missing,
. HB 640........................................................................................................163, 174, 241 Conversion of fraternal benefits society into mutual life insurance com-
panies, HB 352................................................................................72, 110, 133, 283 Conyers, official to construct recreation facilities, HB 752............165, 171, 206, 247 Court baliffs and jurors per diem not to exceed $6.00 per day,
HB 731................................~............................................................. 167, 174, 240, 376 County board of education given all powers from local district trustees
of school, HB 793............................................................................235, 276, 318, 378 County school superintendents classified, HB 580..........................83, 92, 215, 216, 303 Counties of 1000 population required to have annual audit by registered
accountants, SB 277........................................................................67, 178, 283, 284 Counties and municipalities authorized to construct recreation systems,
HB 794..............................................................................................238, 239, 279, 318

D
Dalton, extend city limits, HB 623...................................................... 119, 127, 177, 212 Darien, to close certain streets and squares for sale, SB 268............26, 44, 70, 169 Dawson, amend charter for zoning and planning laws, SB 276....66, 112, 136-137, 367 Dawson, establish zoning and planning ordinances, HB 761....166, 170, 206, 246 Deal, Mrs. D. L., presented to senate........................................................................138 Dearing, construction of water works system, HB 646....................119, 129, 177, 211 Decatur, city commissioners to establish recorders court, HB 742....165, 171, 206, 245 Decatur, city to pay pensions to officers and employees, HB 744...... 163, 171, 206, 247 Decatur, assessment of property for construction of sewers, HB 743.. 165, 170, 206, 247 DeKalb county, illegal to sell fireworks, without licenses from commis-
sioner, HB 680................................................................................117, 127, 176, 213 DeKalb county, photostatic equipment for office of clerk of superior
court, HB 682................................................................................ 118, 131, 207, 248 Department of forestry, act amended, HB 670.................................. 105, 108, 179, 284 Department of forestry authorized to establish air patrols, SR 66........................ 137 Department of forestry, director authorized to lease lands in Richmond
county, HR 149........................................................................................ 198, 201, 202 Department of public welfare to provide institution for treatment of
inebriates, SR 65............................................................................................ 115, 175 Dickert, l\1r. Herman, thanked for socks....................................................................278 Divorce laws amended, trials with or without a jury, SB 262....................9, 44, 93, 96 Dooly county, provide salary for sheriff, SB 238........................................ 133, 184, 368

INDEX

469

Dublin judicial circuit, fix salary of solicitor general, HB 738......195, 199, 244, 282 Dublin, fix salary of judge and solicitor of the city, HB 739........195, 199, 243, 281

E
East Point, pension system for city employees, HB 786....................198, 202, 278, 306 Edenfield, Homer, former house member presented to senate................................286 Education committees (general assembly) to investigate and make rec-
ommendations pertaining to public school system, HR 166........121, 132, 208, 404 Employment of children regulated, SB 39......................................................74, 102-103 Eradication of bangs and tuberculosis in animals, appropriation of
$75,000, HB 651 ................................................................................168, 173, 207, 287 Executive mansion committee, to create, SB 242................................................6, 31, 218 Exemptions of $1500 for persons in armed services deductable from
gross income for tax returns, SB 272..............................................41, 70, 101, 372

F

Fair employment practices commtsswn, privilege resolution,....................................l26 Fitzgerald, enact zoning and planning ordinances, SB 243 ..................6, 133, 181, 367 Foreign corporations to file charter with secretary of state,
HB 765......................................................................................235, 257, 317, 383, 392 Foster, Mr. and Mrs. Cederic, introduced to senate................................................260 Franklin county, salary of tax commissioner raised, HB 664............118, 130, 202, 249 Freeman, Mrs. Wm. B., presented to senate................................................................l79 Fulton county, amend act providing for pension and retirement pay to
teachers, SB 257........................................................................8, 30, 46, 237, 324, 325 Fulton county, amend civil court act providing uniform cost bill,
HB 668............................................................................ 118, 130, 289, 310, 311, 392 Fulton county, amend civil service board for the appointment and re-
moval of members, SB 270..............................................................40, 112, 135, 367 Fulton county, authorities authorized to adopt fire prevention laws,
HB 488 ...............:..............................................................................................243, 281 Fulton county, civil serviceact amended, HB 788......................................197, 201, 315 Fulton county, commissioners to fix salaries of sheriff, ordinary, tax
collector, etc., HB 777....................................................................236, 257, 290, 312 Fulton county, county manager as chief executive officer, SB 250............7, 30, 47 Fulton county, court ballifs appointed by judge to be paid $150 per
month, SB 255..........................................................................................8, 30, 46, 368
Fulton county, create board of commissioners of roads and revenues, SB 256........................................................................................................8, 30, 46, 371
Fulton county, fix salary of ordinary at $9,000, HB 666..................235, 257, 290, 311 Fulton county, ordinary to receive salary of $9,000 per annum,
SB 253.........................................................................................8, 30, 46, 372, 380, 381 Fulton county, perental schools to operate 24 hours a day,
HB 797........................................................................................235, 236, 257, 290, 312

470

INDEX

Fulton county, retirement of judges in civil and criminal courts, HB 647---------------------------------------------------------------------------------------------.119, 129, 290, 306
Fulton county term of chief deputy not to exceed that of sheriff, H B 787...-----------------------------------------------------------------------------------------------------197, 201, 315
Fulton county, $3,000 bond required of clerks of superior courts, SB 254--------------------------------------------------------------------------------------------------------8, 29, 47, 36r
Fulton county, to establish rules for payment of pensions to county
employees, SB 251 _______________________________________________________.............................7, 30, 45, 215
Fulton county, to furnish relief and pensions to regular members of county police dept., SB 259........----------------------------8, 30, 47, 369
Fulton county, to provide voting machines, HB 723 ..........................163, 174, 280, 311

G
Ga. Bar association and council to investigate charges of unlawful practice of law, HB 639.....---------------------------------------------------------------195, 199, 244, 318
Ga. delegation urged to correct conditions caused by price ceiling on cotton, HR 160....................................................................................................80, 391
Ga. delegation urged to speed negotiations for transfer of Battey General Hospital, HR 192..------------------------------------------------------------------370, 391
Ga. military college, secretary of board to give notice by publication for election of trustees, HB 798....................................................243, 259, 315, 379
Ga. National Guard, to construct amories, appropriations of $5,000 to match federal funds, HB 709........................................................ 169, 172, 207, 262
Gasoline used on farm operations exempt from tax, HB 367..48, 51, 73, 80, 101, 215 General appropriation act amended, gasoline tax refund to farmers,
HB 733..----------------------------------------------------------------------167, 174, 207, 287 General appropriation act amended, providing travel expenses for
adjourned sessions, HB 718........................................................120, 127, 243, 288 General tax act, amended, HB 704...................................................... 105, 108, 243, 285 Gholston, Hon. J. Knox, invited to address joint session, SR 13..........................103 Glover, Mrs. J. H., paid $3,000 for death of her husband,
HR 184....................................................................................237, 240, 279, 319, 320 Glynn county delegation....................................................................-.............................374 Governor's address........................................................................................................ 17-24 Governor Arnall to address joint session, HR 145.................................................... 13-14 Governor authorized to execute certain lands in Glynn to Boys
Estate, Inc., HR 151.............................................................. 197, 202, 242, 289, 303 Governor authorized to trade certain land adjoining state park in Dade
county, SR 63......................................................................................67, 133, 185, 369 Governor directed to convey certain land to James Fowler,
HR 159.............................................................................................. 164, 173, 205, 254 Governor to fix salaries of directors of .Dept. of forestry, mines and
mining, and state parks, HB 719....................................................237, 239, 279, 379 Goulds Inlet, declared name of, HR 175............................................237, 239, 279, 312

INDEX

471

Griffin, Adj. General S. Marvin, presented to senate........................-....................... 14 Griffin judicial circuit, fix salary of court reporter, HB 631.. ........116, 128, 241, 373 Gross, 1\ilrs. Frank C., presented to senate................................................................218

H
Hall county, commissioners to levy tax of 6j10th of 1 per centum for road work, HB 782..........................................................................233, 258, 290, 311
Harris, Speaker Roy, commended..................................................................................97 Harris, Speaker Roy, letter to senators........................................................................402 Hart county, abolish board of commissioners of roads and revenue,
HB 675.............................................................................................. 117, 130, 208,_246 Hart county, create office of commissioners of roads and revenue and
board of fiinance, HB 676................................................................117, 131, 207, 249 Head, Hon. T. Grady, presented to senate....................................................................97 Henry county, division of district for election of members on board of
commissioners, HB 785.................................................................... 196, 200, 243, 281 Herty Memorial association, created, HR 168....................................237, 239, 279, 404 Hester, Maj. General John H, presented to senate................................................260 Holsenbeck, Mrs. W. M., presented to senate............................................................ 179 Housing authorities authorized to clear slums and develop property,
HB 667...................................................................................... 118, 130, 265, 383, 392

I
Income taxes, abatement of, for armed forces to include any of the other united nations, SB 258................................................................8, 30, 77, 368
Ila, to create a charter, HB 735..........................................................163, 171, 206, 251 I .N. Ragsdale school grade, presented to senate........................................................89 Insurance companies to file annual reports with insurance commissioner
instead of governor, SB 287............................................................................90, 178

J
Jackson, to create new charter and define corporate limits, SB 273... ................................................................................................. 41, 93, 136, 367
Jackson school, 8t hgrade civics class, Jackson, Ga., recognized in gallery............209 Jacksonville, Telfair county, extend city limits, HB 691..................120, 131, 177, 211 Johnson, B. Ed., presented to the senate........................................................................ 14 Joint session, to hear Hon. Knox Gholston, HR 181................... ~---156,1-57 Jurors, grand and traverse to be selected from resident citizens, SB 267....26, 44, 96 Justices of peace given authority in trover and bail trover cases under
$200, HB 776....................................................................................269, 277, 314, 376

K
Kingsbury school, sixth grade, recognized m gallery................................................267

472

INDEX

L

Lamb, Lt. E. M., presented to the senate...--------------------------------------------------------------------.14 LaGrange, new tax rate for educational purposes, SB 248__________________7, 30, 45, 164 Lankford, Judge and Mrs., presented to senate.------------------------------------------------------252 Laurens county, salary for clerk and sheriff, also deputies instead of
fee basis, HB 784-----------------------------------------------------------------------------------------------235, 276
M
Macon, municipal court act amended, HB 634___________________________________.119, 129, 178, 209 Macon, to acclaim certain property now used by city, HB 652............119, 129, 177, 213 Madison, to extend water mains, HB 632-----------------------------------------.119, 128, 176, 212 Memorial park for veterans, to establish, HR 16!_____________________________.103, 111, 205, 253 Meriwether county, $10 for filing divorce suits, HB 740________________ 167, 170, 244, 282 Metal clamps, tags, etc., prohibited on all sacks used for commercial
feed, HB 440----------------------------------------------------------------------------------------------73, 110, 243 Methods of calling an election where liquor is legalized, HB 524_________________________ _36 Method prescribed for condemning vehiCles in transporting illegal liquor,
HB 749-----------------------------------------------------------------------------------163, 174, 240, 241, 377 Milan, city treasurer appointed, HB 708----------------------------------------.121, 132, 177, 210 Motor common carriers, act amended by limiting the granting of cer-
tificates, H B 690-----------------------------------------------------------105, 108, 134, 222, 223, 304 Morgan county, board of commissioners salary, HB 633 __________________ 119, 128, 207, 247 Moore, Lt. and Mrs., presented to the senate------------------------------------------------------259 Municipalities authorized to annex lands adjacent to corporate limits
upon written application of all owners, HB 757___________________ _235, 277, 306, 375 Municipalities authorized to enact zoning ordinances and provide for
board of adjustment, HB 368--------------------------------------------------------78, 108, 203, 376 Municipalities authorized to operate public parking places,
HB 362------------------------------------------------------------------------------------------78, 90, 204, 316, 317 Municipalities empowered to enforce airport zoning regulations,
HB 359.------------------------------------------------------------------------------------------236, 258, 305, 375
Me

McDonald, Mr. and Mrs. J. W., paid $5000 for injuries received by Mcinsotons, hHcoRun8t9y-,---~--o---s-u--p--p--l--e-m----e-n--t---s--a--l-a--r-y----o--f---j-u--d--g--e---a--n--d----s-o--l-i--c-i--t-o--r---g-8e0n,er1a1l2,of245, 293, 294
Atlantic Judicial circuit, SB 279.-----------------------------------------------------67, 133, 184, 369

N
N apsonian school, 7th grade civic class recognized in gallery________________________________229 Nolo contendere plea may be entered in criminal cases, HB 479....79, 109, 214, 376

INDEX

473

0
Old age assistance act, amended, $30 mo. fO future reciprocants, SB 240__________6, 70 Oliver, Captain E. E., presented to senate-------------------------------------------------------14 Optometrist, regulate the license of, HB 522-------------------------------------.106, 108 Ordinaries paid $50 per mo. in addition to fees in small counties, HB 803....234, 258
p
Paulk, judge and Mrs., presented to senate-----------------------------------------------------------184 Pelham, amend charter to provide tax for school purposes, HB 624....79, 109, 135, 183 Pooler, Chatham county, create a charter, HB 656___________________________.168, 171, 206, 251 Poultry industry, promotion of, eradition of pullorum disease,
SB 27L---------------------------------------------------------------------------40, 70, 97, 100, 303, 395-398 Poultry owners may purchase and use sulphaquanidine and sulphathio-
sol, HB 802._____________________________________________________________________________________269, 277, 305, 375
Principals of world federation approved, SR 70-------------------------------------------.158-160, 198 Professional Adjustment Class from Crawford W. Long Hospital pre-
sented to senate...-------------------------------------------------------------------------------------------------.241 Public safety department, amended to provide fo rmembership increase,
SB 264 --------------------------------------------------------------------------------------------------------------------------9 Purdom, Col. Lee, presented to senate-------------------------------------------------------------------------188
Q
Qualified voters list, revision of, SB 260______________________________9, 138, 186, 187, 372, 382

R
Ratification of rules adopted by supreme court for admission of geniuness of documents, etc., HB 163--------------------------------------------------------------.198, 201
Ratification of rules adopted by supreme court for practice and procedure for repeal in cases, HR 164___________.195, 196, 200, 244, 297, 327-349, 370
Repeal code section 24-3508 relating to shorthand writers in court of appeals, SB 222-------------------------------------------------------------------------------------.43, 74, 302
Repeal code section 24-4301, 24-4302, and 24-4303, SB 219____________________________52, 302 Repeal code section 85-1803, relating to assignment of choses, HB 436________72, 110 Riches Piver Co. paid balance, HR 66--------------------------------------------------.238, 240, 279, 319 Richmond county, assessment of occupational taxes, HB 753_________.166, 173, 204, 250 Richmond county, change name of reformatory to juvenile institution,
H B 806----------------------------------------------------------------------------------------------.268, 289, 306, 374 Rockdale county, to construct recreation facilities with county funds,
HB 751------------------------------------------------------------------------------------------------163, 173, 203, 248 Roopville High School Govt. Class recognized in gallery______________________________________ IOI
Rome, increase salary of judge of city court, HB 722......121, 126, 175, 213, 214, 304 Rome, to provide civil service for city employees, HB 70L_____________ J20, 132, 177, 210 Rules and procedure and pleadings in civil proceedings, ratified,
HR 165.....--------------------------------------------------------------------------.198, 201, 244, 349-362, 370

474

INDEX

s

Saint Mary, extend city limits, HB 729........................................166, 167, 172, 206, 246 Sanford, Dr. Steadman Vincent, death lamented........................................................313 Savannah, to extend water jurisdiction within confines of county,
HB 678.............................................................................................. 105, 107, 134, 184 Savannah Beach, Tybee Island, Georgia, to extend city limits,
HB 645................................................................................................ 104, 107, 134, 183 Season for hunting wild turkey fixed in three counties, SR 61..............................27, 44 Secretary of senate, clerk of house directed to include in journals com-
mittee reports on institutions, SR 67............................................................137, 370 Secretary of state to furnish ballots to ordinaries, SB 142....................395, 398-399 Seminole county, change time of holding superior court, SB 246............7, 29, 45, 368 Senate protest ceiling price on raw cotton, SR 59......................................................26 Senate secretary and attachees to remain after adjournment, SR 73........................373 Senatorial district, rearrangement of,
HB 621................................116, 127, 175, 176,223,227,228,260,261,304,317,318 Several counties authorized to enact zoning and planning ordinances,
HB 361 .............................................................................................. 103, 106, 134, 378 School district exclusive of independent school systems to issue bonds for
school purposes, HB 779........................................................................236, 257, 286 Shepherd, Lt. Charles, presented to senate.................................................................... 14 Sine die adjournment, SR 71 ............................................................................................290 Sine die adjournment, HR 197................................................................................430, 456 Smilie school, sixth grade, recognized in gallery........................................................203 Smith, Hon. Dixon, death lamented................................................................................3i2 Special elections, to fill unexpired terms........................................................................ 10 State aid system, mileage added in Clinch, Atkinson, Coffee and Jeff
Davis Counties, SB 280................................................................................67, 92, 136 State auditor, maintenance allowance provided, HR 167..................238, 240, 279, 321 State board of accountants, provide for 9 members, SB 207..............................220,-222 State board of corrections, to create, fix terms and compensation,
SB 284................................................................................................68, 113, 139, 368 State board of embalming increased to seven members instead of six,
SB 290........................................................................................................ 114, 203, 259 State board of health to license hospital and govern operations of,
HB 732................................................................................ 169, 199, 265, 290-293, 392 State board of social security authorized to buy lands adjacent, HB 134..............283 State board of veterans service, providing compensation and expenses to
members, SB 241 ............................................................................................6, 31, 78 State highway board of ten members created, SB 185............................................259 State highway commission to publish in each county amount of paving
and cost, HR 158.....................................,..........................................................80, 111 State highway dept., authorized to establish, use and require additional
lands, HB 464.................................................................................................... 104, 106 State highway legislation, provide for committee to make study of,
HR 191 ...............................................................................................................370, 405

INDEX

475

State highway dept. required to publish in each county a state'ment of construction, HB 637........................................................................................79, 109
State highway dept., to erect only legal signs at intersections, HB 473....73, 110, 245 State highway patrol, to provide for pay and subsistance of members,
HB 654....................................................................................104, 107, 179, 286, 303 State hospital authority act, amended, for issuance or refunding certifi-
cates, HB 618....................................................................................79, 109, 204, 362 Stay over period for committees, president of senate and their per diem,
SR 74 ----------------------------------------------------------------------------------------------------- ...................373 State personnel dept., to establish, SB 234........................................53, 65, 71, 139-156 State ports authority act, amended, HB 620...................................... 118, 127, 180, 261 State ports authority allotment form state emergency fund, HR 148.. 103, 111, 156, 264 State properties commission to sell land located in Muscoge ecounty,
SR 20.................................................................................................................... 185, 369 State revenue commissioner, time limited for granting tax refunds and
interest thereon, SB 288........................................................90, 175, 218, 257, 372 State, self insurer of buildings and equipment, SB 24................................................245 Stephens county, fix salary of judges and solicitor, SB 239........................6, 29, 45, 164 Superior court clerks and ordinaries paid for preparing certified copies
of records for veterans, SB 289................................................................90, 133, 185 Superior court clerk's fees prescribed and payment of same,
HB 635...................................................................................... 104, 107, 208, 260, 392 Superior court clerks, $1.00 for recording enlistment records,
HB 166..........................................................................................................82, 83, 217 Superior court judges, retirement fund for, HB 648..........................238, 239, 280, 379 Superior court judges, retirement of aftef 20 years' service, SB 275........................66 Superior courts, to prescribe the fees of clerks and payment of same, SB 265....9, 44

T
Tax collectors and commissioners to have bonds executed by licensed surety company, HB 523........................................................................................323
Tax levy of a stated millage in counties of 80,000 population, HB 789................................................................................................234, 258, 314, 374
Taylor, Hon. Alfred L., was presented to senate....................................................217 Telfair county, provide for deputy clerk and fix salary, HB 692....120, 132, 204, 261 Terrell, H. E., Jr., paid sum for injuries, HR 157.......................... 197, 202, 265, 294 Thomasville, to extend city limits, SB 269..............................................26, 44, 70, 170 Thunderbolt, incorporated providing zoning ordinances, etc.,
H B 643................................................................................................ 104, 107, 134, 181 Trial judges to fix sentences in criminal cases instead of jury, SB 170..................48 Troupe county business licenses assessed outside of incorporated towns,
H B 662.............................................................................................. 117, 130, 207, 250 Troupe county, to provide four terms of superior court, HB 669....79, 110, 135, 181 Truck trailers, decreasing fee of, HB 705..........................................105, 111, 134, 218 Two members of general assembly to tour war countries of Europe
and report back at next session, SR 75..........................................................376, 456

476

INDEX

u

Uniform system of county and municipal govt. to provide, relation to
home rule, SB 286..--------------------------------------------------------------------------------90, 202-203 University of Ga. Demoration School recognized in gallery__________________;______________ _l79
University system of Ga., act repealed to declare the state's title,
SB 247--------------------------------------------------------------------------------------------------------1, 31, 74, 302 Unlawful for employees of public eating places to solicit tips, SB 292---------------------115 U. S. Govt. requested use of Blythe Island for Ga. National Guard____________________363
Upson county, to incorporate the city of Silvertown, SB 261................9, 44, 71, 169

v

Vereen Bell Highway named, HR 183.--------------------------------------------------.269, 278, 305, 404 Veterans Memorial Park, to estabilsh, SR 62--------------------------------------------------------41, 70 Veterans of world war II, federal income taxes deducted from gross
income, SB 244----------------------------------------------------------------------------------------------6, 31, 74 Veterans, with certificates of exemption may operate rolling stores with-
out licenses, SB 249----------------------------------------------------------------------------------------7, 31, 76
w

Ware county, create hospital board to operate Ware county hospital,

HB 726---------------------------------------------------------------------------------------166, 174, 204, 250, 251 Warm Springs Memorial commission, appropriation of $200,000,

HB 715----------------------------------------------------------------------------------------------166, 172, 209, 285 Warm Springs Memorial commission to create, HB 714__________________ 168, 172, 204, 284 Warm Springs, new charter for city of, HB 686________________________________ 163, 171, 205, 252

Waycross, amend public school system, HB 685________________________________ 105, 108, 134, 183

Western and Atlantic railroads rentals set aside for building ports at

Savannah and Brunswick, HB 619----------------------------------------104, 106, 180, 253 Wheeler county, to provide for the disposition of fines in superior court,

H B 693---------------------------------------------------------------------------------------------121, 132, 180, 249 Wilde, Mrs. Louise, presented to senate------------------------------------------------------------------.286

Williams, Miss Charlene, presented to senate---------------------------------------------------------------156
Williams, Herbert A., Sr., lamenting death oL...-------------------------------------------------------82 Wills legally executed in another state lawful in this state for transfer

of property, HB 663----------------------------------------------------------------------234, 276, 314, 378
Wofford, Mrs. Olive, presented to senate------------------------------------------------------------------.286 Woodbine, provide zoning regulations and building codes,

HB 801----------------------------------------------------------------------------------------~--.237, 239, 279, 306 Wooten, Mrs. Dock Harrison paid $5,000 for death of husband,

H R 81----------------------------------------------------------------------------------------------.238, 240, 278, 320 Workmen's compensation act amended, governor to fix salaries of board

members, HB 478------------------------------------------------------------------.167, 168, 173, 203, 261

Workmen's compensation act amended to include the disease known as

'

silicosis, H B 216-----------------------------------------------------------------------196, 200, 245, 284

INDEX

47i

NUMERICAL INDEX SENATE JOURNAL For GeQeral Index see Page 460.

SENATE BILLS
SB 24, State, self insurer of buildings and equipment................................;.245 SB 39, Employment of children, regulated....................................................74, 102-103 SB 142, Secretary of state to furnish ballots to ordinaries....................395, 398, 399 SB 170, Trial judges to fix sentences in criminal cases instead of jury..................48 SB 185, State highway board of ten members created............................................259 SB 207, State board of accountants, provide for 9 members........................220-222 SB 219 Repeal Code section 24-4301, 24-4302 and 24-4303..............................52, 302 SB 222, Repeal code section 24-3508 relating to shorthand writers in
court of appeals....................................................................................43, 74, 302 SB 224, Business license to veterans free 10% or more disability................................53 SB 232, Confedarate veterans widows admission and maintenance at
soldiers home ....................................................................................................51 SB 234, State personnel department, to establish..............................53, 65, 71, 139-156 SB 235, Butts county, two members of board of commissioners con-
stitute a quorum................................................................................43, 71, 215 SB 238, Dooly county, provide salary for sherifL........................................ 133, 184, 368 SB 239, Stephens county, fix salary of judge and solicitor........................6, 29, 45, 164 SB 240, Old age assistance Act amended, $30 month to future reciprocants....6, 70 SB 241, State board of veterans service, providing compensation and
expense to members................................................................................6, 31, 78 SB 242, Executive mansion committee, to create..........................................6, 31, 218 SB 243, Fitzgerald enact zoning and planning ordinances..................6, 133, 181, 367 SB 244, Veterans of World War II federal income taxes deducted
from gross income................................................................................6, 31, 74 SB 245, Assistant treasurer, appointment o..................................................................6 SB 246, Seminole county, change time of holding superior court..............7, 29, 45, 368 SB 247, University system of Ga., act repealed, to declare the state's
title.....................:..............................................................................7, 31, 74, 302
SB 248, LaGrange, new tax rate for educational purposes........................7, 30, 45-:- l64
SB 249, Veterans with certificate of exemption may operate rolling stores without licenses............................................................................7, 31, 76
SB 250, Fulton county, county manager as chief executive officer..................7, 30, 47 SB 251, Fulton county, to establish rules for payment of pensions to
county employees ............................................................................7, 30, 45, 215 SB 252, Certain property exempt from taxation....................................7, 78, 138, 371 SB 253, Fulton county, ordinary to receive salary of $9,000 per
annum................................................................................8, 30, 46, 372, 380, 38 I

478

INDEX

SB 254, Fulton county, $3,000 bond required of clerks of superior
courts------------ -------------8, 29, 47, 369 SB 255, Fulton county, court ballifs appointed by judge to be paid $150
per month....--------------------------------------8, 30, 46, 368 SB 256, Fulton county, create board of commissioners of roads and
revenue-----------------------------------------------8, 30, 46, 371 SB 257, Fulton county, amend act providing for pension and retire-
ment pay to teachers----------------------------------8, 30, 46, 237, 324, 325 SB 258, Income taxes, abatement of, for armed forces to include any
of the other United nations...----------------------------------------8, 30, 77, 368 SB 259. Fulton county, to furnish relief and pensions to regular mem-
bers of county police departmenL......--------------------------------8. 30, 47, 369 SB 260, Qualified voters list, revision of--------------------9, 138, 186, 187, 372, 382 SB 261, Upson county, to incorporate the city of Silvertown____________________9, 44, 71, 169 SB 262, Divorce laws amended, trials with or without jury..____________________9, 44, 93, 96
SB 263, Athens, bond issuance to establish a system of free public
schools ----------------------------------------------------9, 29, 45, 164 SB 264, "Public Safety Dept," amended to provide for membership increase____________9 SB 265, Superior courts, to prescribe the fees of clerks and payment of same ____9, 44 SB 266, Athens, amend charter to make the mayor the chief executive
officer-------------------------------------------------1 0, 44, 71, 169 SB 267, Jurors, grand and traverse, to be selected from resident citizens___ _26, 33, 96 SB 268, Darien, to close certain streets and squares for sale. _________________26, 44, 70, 169
SB 269, Thomasville, to extend city limitL-----------------------------------26, 44, 70, 170 SB 270, Fulton county amend civil service board for the appointment
and removal of members...--------------------------------------40, 112, 135, 367 SB 271, Poultry industry, promotion of, eradication of pullorum
diseases_-------------------------------------------40, 70, 97, 100, 303, 395-398 SB 272, Exemption of $1500 for persons in armed services deductable
from gross income for tax returns----------------------------41, 70, 101, 372 SB 273, Jackson, to create new charter and define corporate limits____41, 133, 181, 367 SB 274, Atkinson county, salary of commissioner at $1800 a year-41, 133, 181, 367 SB 275, Superior court judges, retirement of after 20 years' service...--------------66 SB 276, Dawson, amend charter for zoning and planning laws____66, 112, 136-137, 367 SB 277, Counties of 1000 population required to have annual audit by
registered accountant....------------------------------67, 178, 283, 284 SB 278, Amend code section 84-303 of the 1933 code providing for the
issuance of certificates to practice architecture.:--------------67, 180, 259 SB 279, Mcintosh county, to supplement salary of judge and solicitor
general of Atlantic Judicial circuit.---------------67, 133, 184, 369 SB 280, State aid system, mileage added in Clinch, Atkinson, Coffee,
and Jeff Davis counties-----------------------------------------------67, 92, 136 SB,281, Atlanta, amend charter so employees of department of law be
placed under civil service.....------------------------------*7, 112, 135-136, 367 SB 282, Atlanta, amend charter, to provide pension to widows of mem-
bers of fire department who died in army or line of duty____67, 112, 136, 369 SB 283, Atlanta, providing for compulsory retirement of city emplovees
at 65 yea.rs of age __________________ ------------------------------------68, 112, 137, 369

INDEX

479

SB 284, State board of corrections, to create, fix terms and compensation...---------------------------------------------------------------------------------------68, 113, 139, 368
SB 285, Amend code section 92-6215, to strike the word "poll" to make read "are you a registered voter"----------------------------------------89, 133, 185, 186
SB 286, Uniform system of county and municipal govt. to provide relative to home rule______________________,_____________________________________________90, 202, 203
SB 287, Insurance companies to file annual reports with insurance commissioners instead of Governor ____________________________________________________________9Q, 178
SB 288, State revenue commissioner, time limited for granting tax refunds and interest thereon________________________________________9Q, 175, 218, 256, 257, 372
SB 289, Superior court clerks and ordinaries paid fo rpreparing certified copies of records for veterans________________________________________________9Q, 133, 185
SB 290, .State boar do embalming increased to 7 members instead of
6----------------------------------------------------------------------------------------------------------114, 203, 259 SB 291, Comptroller general authorized to appoint deputy___________________________ _ll4, 242 SB 292, Unlawful for employees of public eating places to solicit tips________________ ll5 SB 293, Atlanta, to provide prevailing wage ratio be paid skilled me-
chanics in city employ___________________________________________________________.ll5, 175, 208, 371 SB 294, State officials sued in home county for wrong doing________________________ 115, 229 SB 295, Atlanta, provide airport zoning regulations____________________________ 115, 175, 209, 371 SB 296, Confederate soldiers and widows pension increased to $50 per
month....... -------------------------------------------------------------------------------------------------.. 157, 158

SENATE RESOLUTIONS
SR 13, Gholston, Hon. J. Knox, invited to address joint session____________________________ 1Q3
SR 20, State properties commission to sell land located in Muscogee county.. l85, 369 SR 27, Right of all elective state officials to succeed themselves____________________________37 SR ;38, Comptroller general, abolish office o..............219, 220, 228, 229, 255, 256, 268 SR 58, Property owned by any veterans organization exempt from
taxation-------------------------------------------------------------------------------------------------------1 0, 31, 81 SR 59, Senate protest ceiling price on raw cotton_____________________________________________________.26
SR 60, State not to levy ad valorem tax on property in state__________________________26, 180 SR 61, Season for hunting wild turkey fixed in three counties_______________________.27, 44 SR 62, Veterans memorial park, to establish________________________________________________________41, 70
SR 63, Governor authorized to trade certain land adjoining state park
in Dade CountY----------------------------------------------------------------------------67, 133, 185, 369 SR 64, Congress ask to enact effectual anti-strike laws____________________________________________68
SR 65, Department of public welfare to provide institutions for treatment of inebriates....-----------------------------------------------------------------------------------115, 175
SR 66, Department of forestry authorized to establish air patroL __________________________ I37 SR 67, Secretary of Senate, Clerk of House, directe dto include in jour-
ual committee reports on institutions_____________________ ................................... l37, 370 SR 68, Senatorial districts, increased from 54 to 56, also mem!:Jers................ ll5, 203 SR 69, Revenue anticipation certificates, issuance authorized in two
counties for building stadium-------------------------------------------115, 179, 254, 255 SR 70, Principals of world federation, approved.....___________________________________ l58-160, 198

480

INDEX

SR 71, Sine die adjournmenL-.....................................................................................290 SR 72, Committee to investigate and make regulations for retirement
system for state employees................................................................................298 SR 73, Senate secretary and attaches to remain after adjournment........................373 SR 74, Stay over period for committees, President of senate and their per diem....373 SR 75, Two members of General As!;embly to tour war countries of
Europe and report back to next session................................................376, 456 SR 76, Congressmen George and Russell urged to use their efforts to
secure Battey General Hospital for Georgia........................................376, 457

HOUSE BILLS
HB 134, State board of social security authorized to buy lands adjacent to ........................................................................................................283
HB 166 Superior court clerks $1.00 for recording enlistment records....82, 93, 217 HB 207 Confederate soldiers, graves marked................................................................36 HB 216, Workmen's compensation act amended to include the disease
known as silicosis....................................................................l96, 200, 245, 284 HB 352, Conversion of fraternal benefits society into mutual life in-
surance companies....................................................................72, 110, 133, 283 HB 359, Municipalities empowered to enforce airport zoning regula-
tions............................................................................................236, 258, 305, 375 HB 361, Several counties authorized to enact zoning and planning
ordinances................................................................................ l03, 106, 134, 378 HB 362, Municipalities authorized to operate public parking
places....................................................................................78, 90, 204, 316. 317 HB 367, Gasoline used on farm operations exempt from tax....48, 51, 73, 80, 101, 215 HB 368, Municipalities authorized to enact zoning ordinances and
provide for board of adjustment............................................78, 108, 203, 376 HB 436, Repeal code section 85-1803, relating to assignment of choses..........72, 110 HB 440, Metal clamps, tags, etc., prohibited on all sacks used for com-
mercial feed ........................................................................................73, 110, 243 HB 464, State highway dept. authorized to establish use and require
additional lands .................................................................................... 104, 106 HB 473, State highway dept. to erect only legal signs at intersections....73, 110, 245 HB 478, Workman's compensation act amended, governor to fix sala-
ries of board members.................................................J67, 168, 173, 203, 261 HB 479, Nolo contendere pela may be entered in criminal cases....79, 109, 241, 376 HB 484, Amend code section 13-2023, removing limitation to amounts
of federal farm loan bonds subscribed by bank................73, 110, 306, 377 HB 488, Fulton county authorities, authorized to adopt fire pre-
vention laws..............................................................................................243, 281 HB 522, Optometrists, regulate the license of................................................l06, 108 HB 523, Tax collectors and commissioners to have bonds executed
by licensed surety company............................................................................323 HB 524, Methods of calling an election where liquor is legalized............................36 HB 552, Abandonment to children by mother made misdemeanor....79, 109, 244, 293

INDEX

481

HB 580, County school superintendents classified......................83, 92, 215, 216, 303 HB 584, Baby chicks tested for pullorum.................................... 168, 173, 243, 325-327 HB 601, Admission and maintenance of widows of confederate vet-
erans to soldiers home........................73, 112, 204, 265-267, 305, 309, 399-402 HB 618, State hospital authority act, amended for issuance of refund-
ing certificates............................................................................79, 109, 204, 362 HB 619, Western and Atlantic railroad rentals set aside for building .
ports at Savannah and Brunswick........................................ l04, 106, 180, 253 HB 620, State ports authority act, amended...................................... 118, 127, 180, 261 HB 621, Senatorial district, rearrangement
o................................116, 127, 175, 176, 223-227, 228, 260, 261, 304, 317-318 HB 623, Dalton extends city limits................................................119, 127, 177, 212 HB 624, Pelham, amend charter to provide for tax for school
purposes....................................................................................79, 109,. 135, 183 HB 626, Bibb county, superior court to supplement salaries of
judges........................................................................................ 119, 128, 205, 248 HB 627, Brunswick, close certain streets........................................ 116, 128, 176, 210 HB 628, Athens, mayor given veto power................_............................ 104, 107, 134, 182 HB 631, Griffin judicial circuit, fix salary of court reporter......116, 128, 241, 373 HB 632, Madison, to extend water mains........................................ 119, 128, 176, 212 HB 633, Morgan county hoard of commissioners, salary....................119, 128, 207, 247 HB 634, Macon, municipal court act amended................................ ll9, 129, 178, 209 HB 635, Superior court clerk's fees prescribed and payment of
same................................................................................. 104, 107, 208, 260, 392 HB 636, Cedartown, extends city limits............................................ 119, 128, 177, 212
HB 637, State highway dept. required to publish in each county a statement of construction........................................................................ 79, 109
HB 638, Brunswick, create city court.................................................. ll6, 128, 176, 211 HB 639, Ga. Bar ossociation and council to investigate charges of
unlawful practice of law........................................................ 195, 199, 244, 318 HB 640, Conservator of estates appointed for people who are missing....163, 174, 241 HB, 643, Thunderbolt, incorporated, providing zoning ordinances,
etc.................................................,........................................... 104, 107, 134, 181
HB 644, Atlanta, amend charter, repealing Sec. 6 and 7 approved March 9, 1945............................................................ 196, 200, 265, 307-309, 392
HB 645, Savannah Beach, Tybee Island, Ga., to extend city limits..104, 107, 134, 183 HB 646, Dearing, construction of water works system.................... 119, 129, 177, 211
HB 647, Fulton county, retirement of judges in civil and criminal courts........................................................................................ 119, 129, 290, 306
HB 648, Superior courts judges, retirement fund for......................238, 239, 280, 379 HB 649, Clay county, abolish offices of tax receiver and tax col-
lector.......................................................................................... ll6, 129, 205, 249 HB 650, Athens, hoard of education given right of eminent domain for
acquiring school property....................................................79, 109, 135, 183 HB 651, Eradication of hangs and tuberculosis in animals, appro-
priation of $75,000.................................................................. 168, 173, 207, 287

~82

INDEX

HB 652, Macon, to acclaim certain property now used by city....l19, 129, 177, 213

HB 654, State highway patrol, to provide for pay and subsistance of

members....-----------------------------------------------------------------------.104, 107, 179, 286, 303 H B 655, Board of examiners of nurses, age lowered_______________________.l17, 131, 178, 283
HB 656, Pooler, Chatham county, create a charter_______________________ J68, 171, 206, 251
HB 657, College Park, salary of recorder raised___________________________.l17, 127, 177, 210

HB 658, Amend code section 64-110, exceptions and supersedas...... 168, 172, 241, 242 HB 659, Assistant state treasurer appointed by state treasurer..116, 129, 206, 262, 304

HB 660, Columbus, absence of employes not exceeding 24 months not

to preclude them from receiving pensions.------------------------.117, 129, 176, 213 HB 661, Columbus, to provide for civil service in police and fire

dept. -----------------------------------------------------------------------------------------79, 109, 135, 182 HB 662, Troup county, business license assessed outside of incorporated

towns---------------------------------------------------------------------------------------.117, 130, 207, 250 HB 663, Wills legally executed in another state lawful in this state

for transfer of propertY------------------------------------------------------234, 276, 314, 378 HB 664, Franklin county, salary of tax commissioner raised........ 118, 130, 202, 249 HB 665, Americus, to provide fo.c zoning and planning laws_______ J05, 107, 134, 182 HB 666, Fulton county fix salary of Ordinary at $9000___________ _235, 257, 290, 311

HB 667, Housing authorities authorized to clear slums and develop

propertY------------------------------------.118, 130, 265, 383, 392 HB 668, Fulton county, amend civil court act providing uniform
cost........................................................................... 118, 130, 289, 310-311, 392 HB 669, Troup county, to provide 4 terms of Superior court....79, 110, 135, 181 HB 670, Dept. of forestry, act amended.............................................. 105, 108, 179, 284 HB 671 Columbus, extends corporate limits................................ 118, 130, 208, 246, 2~7

HB 672 College Park, provide pension system and create a pension board ........................................................................................ 168, 172, 208, 251

HB 673, Columbus, to record and publish ordinances.................... 118, 130, 176, 209

HB 674, Columbus, city to furnish local utility service..........79, 110, 179, 252, 304

HB 675 Hart county abolish board of commissioners of roads and

revenues....------------------117, 130,. 208, -246 HB 676, Hart county, create office of commissioners of roads and

bridges, and board of finance................................................ ll7, 131, 207, 249

HB 678, Savannah, to extend water jurisdiction within confines of county.................................................................................... I05, 107, 134, 184

HB 679, Chamblee, amend charter authorizing the improvement of sidewalks........................................................................80, 108, 135, 182, 183

HB 680 DeKalb county, illegal to sell fire works without licenses

from commissioner................ ---------------117, 127, 176, 213 HB 681, Chamblee, to enact zoning and planning ordinances.... 121, 131, 178, 209

HB 682, DeKalb county, photostatic equipment for office of clerk of

superior court.......................................................................... ll8, 131, 207, 248

HB 684, Amend code section 32-3701, relating to levy of taxes by

counties.............................. -------------118, 131, 245, 378

HB 685, Waycross, amend public school system............

.......... 105, 108, 134, 183

INDEX

483

HB 686, Warm Springs, new charter for city oL............................. 163, 171, 205, 252

HB 688, Blairsville, new charter for city of .................................... 163, 172, 207, 251

HB 690, Motor common carriers, act amended by limiting the granting

of certificates........................................................ 105, 108, 134, 222, 223, 304

HB 691, Jacksonville, Telfair county, extends city limits............120, 131, 177, 211

HB 692, Telfair county, provide for deputy clerk and fix salary....120, 132, 204, 261

HB 693, Wheeler county, to provide for the disposition of fines in

superior.................................................................................... 121, 132, 180, 249

HB 701, Rome, to provide civil service for city employees.............. 120, 132, 177, 210

HB 704, General tax act, amended................................................ l05, 108, 243, 285

HB 705, Truck trailers, decreasing fee oL................................... 105, 111, 134, 218

HB 708 Milan, city treasurer appointed............................................ 121, 132, 177. 210

HB 709 Ga. National Guards to construct armories, appropriations

of $5000 to match federal funds...................................:....l68, 172, 207, 262

HB 710, Adairsville, extends city limits................................................120, 132, 177, 212

HB 711, Adairsville, to provide a referendum on construction of a

water works system.........----------------------------'----------------------120, 132, 176, 211 HB 713, Clinch county, amend act regarding qualifications of so-

licitor..........................................................................._........... 120, 126. 204, 250

HB 714, Warm Springs memorial commission, to create................ 168, 172, 204, 284

HB 715, Warm Springs memorial commission appropriation of

$200,000 ------------------------------------------------------------------------166, 172, 207, 285 HB 716, Barnesville, property owners to pay for street grading

and paving --------------------------------------------------------------------------195, 199, 242, 280 HB 718, General appropriation act, amended providing mileage to

general members ----------------------------------------------------------------120, 127, 243, 288 HB 719, Governor to fix salaries of directors of depts. of forestry,

mines and mining and state parks........................................237, 239, 279, 379

HB 720, Amend code section 20-506, relative to attorney fees ........195, 199, 244, 317

HB 722, Rome, increase salary of judge of city court....121, 126, 175, 213, 214, 304

HB 723, Fulton county, to provide voting machines.......................... 163, 174, 280, 311

HB 726, Ware county, create hospital board to operate .Ware

county hospital ------------------------------------------------------.166, 174; 204, 250-251

HB 727, Amend law relative to notice give nfor locallegislation....236, 258, 315, 377

HB 728, Municipalities authorized to levy and collect a tax for

paying pensions and other benefits...................................... 121, 126, 203, 286

HB 729, Saint Mary, extend city limits.........................;--------166, ,167, 172, 206, 246

HB 731, Court balil'fs and jurors per diem not to exceed $6.00

'

per day ----------------------------------------------------------------------------..167, 174, 240, 376 , HB 732, State board of health to license hospital and govern

operation of ----------------------------------------------------.169, 199, 265, 290-293, 392

HB 733, General appropriation act amended, gasoline tax

refund to farmers.................................................................... 167, 174, 207, 287

HB 735, Ila, to create a charter.......................................................... 163, 171, 206, ~1

HB 736, Baldwin county, to establish zoning and planning

'

laws -----------------------------------------------------------------------167, 170, 204, 249, 250

484

INDEX

HB 738, Dublin judicial circuit, fix salary of solicitor genera1........195, 199, 244, 282

HB 739, Dublin, fix salary of judge and solicitor of the city............195, 199, 243, 281

HB 740, Meriwether county $10.00 for filing divorce suits............ 167, 170, 244, 282

HB 742, Decatur, city commissioners to establish recorders court..165, 171, 206, 245

HB 743, Decatur assessment of property for construction of

sewers ...................................................................................... 165, 170, 206, 247

HB 744, Decatur, city to pay pensions to officers and employees....163, 171, 206, 247

HB 749, Method prescribed for condemning vehicles in transporting

illegal property ..............................................................163, 174, 240, 241, 377

HB 750, Clinch county tax receiver to be paid commission

on all tax collected.................................................................. 195, 200, 278, 310

HB 751, Rockdale county, to construct recreation facilities with
county funds -~---163, 173, 203, 248 HB 752, Conyers, officials to construct recreation facilities............165, 171, 206, 247

HB 753, Richmond county assessment of occupational taxes............166, 173, 204, 250
HB 755, Bibb county, increase pay to secretarv of coroners jurors.. 166, 170, 244, 282

HB 756, Bibb county, commissioners to establish pension and for

insurance provisions for county employees.......................... 166, 171, 205, 248

HB 757, Municipalities authorized to annex lands ad_iacent to

corporate limits upon written application of all owners....235, 277, 306, 375

HB 760, Amend code section 87-201, 87-203 and 78-204, to provide

for elections and methods of issuing revenue certificates..269, 277, 317, 377

HB 761, Dawson, establish zoning and planning ordinances............166, 170, 206, 246

HB 765, Foreign corporations to file charter with secty of

state ................................................................................235, 257, 317, 383, 392

HB 766, Bryan county, each local school district to issue bonds

for schools ......................................................................195, 200, 243, 282, 303

HB 776, Justices of peace given authority in traver and bail

traver cases under $200..........................................................269, 277, 314, 376

HB 777, Fulton county, commissioners to fix salaries of sheriff,

ordinary, tax collector, etc.....................................................236, 257, 290, 312

HB 779 School district exclusive of independent school systems

to issue bonds for school purposes................................................236, 257, 286

HB 780, Amend code section 87-203, 87-204, to provide when

may issue bonds and how to determine th enumber of

votes cast ............................................234, 235, 277, 318, 379, 380, 403, 405

HB 782, Hall county, commissioner to levy tax of 6/ lOth of 1

''

percentum for road work......................................................233, 258, 290, 311
HB 783, Colquitt, increase of ad valorem for expenses....................196, 200, 245, 281
HB 784, Laurens county, salary of clerk and sheriff, also deputies
instead of fee basis...................................................................................235, 276

I

\{JB 785, Henry county, division of districts for election of members

\B\

on board of commissioners.................................................... 196, 200, 243, 281

786, East Point, pension system for city employees....................198, 202, 278, 306

HB 787, Fulton county, term of chief deputy not to exceed that

of sheriff ..........................................................................................197, 201, 315

INDEX

485

HB 788, Fulton county, civil service act amended...................................... 197, 201, 315 HB 789, Tax levy of a state millage in county over 80,000
population ................................................................................234, 258, 314, 374 HB 790, Augusta, salary of commissioner of public safety not
less than $5000 per annum....................................................l97, 201, 242, 280 HB 791, Augusta, amend charter........................................................ 197, 201, 242, 280 HB 792, Augusta, time and method of electing members of
city council ..............................................................................198, 202, 278, 310 HB 793, County board of education given all powers from local
district trustees of schooL....................................................235, 276, 318, 378 HB 794, Counties and municipalities authorized to construct
recreation systems ..................................................................238, 239, 279, 318 HB 797; Fulton county, perental schools to operate 24 hrs.
a day ..............................................................................235, 236, 257, 290, 312 HB 798, Ga. Military College, secretary of board to give notice
by publication for election of trustees..................................234, 259, 315, 379 HB 801, Woodbine, provide zoning regulations and building
codes ........................................................................................237, 239, 279, 306 HB 802, Poultry owners may purchase and use sulpha-quanidine
and sulpha thiozol ..................................................................269, 277, 305, 375 HB 803, Ordinaries paid $50 per mo. in addition to fees, in small
counties ..................................................................................................... .234, 258 HB 804, Bleckley county, distribution of fines to officers of court..234, 258, 290, 373 HB 806, Richmond county, change nam eof reformatory to
juvenile institution -.268, 289, 306, 374

HOUSE RESOLUTIONS
HR 66, Riches Piver Co. paid balance............................................238, 240, 279, 319 HR 81, Wooten, Mrs. Dock Harrison paid $5,000 for death of
husband ..................................................................................238, 240, 278, 320 HR 89, McDonald, Mr. and Mrs. ]. W. Paid $5,000 for injuries re-
ceived py son ............................................................80, 112, 245, 293, 294 HR 144, Notify Governor general assembly has reconvened..............................l3-14 HR 145, Gov. Arnall to address joint session......................................................l3-14
HR 146, Additional allotment authorized for highways, teachers' salaries, textbooks, health, hospitals, etc................... 103, ll1, 205, 263, 264, 304
HR 147, Constitutional state highway department, to provide,............80, ll1, 135, 295-297, 315, 374, 375, 380, 382, 394, 456, 457
HR 148, State ports authority allotment from state emergency fund.......................................................................................... 103, 111, 156, 264
HR 149, Department of forestry, director authorized to lease lands in Richmond county...................................................................... 198, 210, 202
HR 151, Governor authorized to execute certain lands in Glynn to Boys estate, Inc.......................................................l97, 202, 242, 289, 303
HR 154, Chancellor Steadman V. Sanford, death lamented...................... 121, 404 HR 157, Terrell, H. E., Jr., paid sum for injuries.................... 197, 202, 265, 294

4~

INDEX

HR 158, State highway commission to publish in each county amount
of paving and cost------------------------------------------------------------------------------------80, Ill HR 159, Governor directed to convey certain land to James
F owler---------------------------------------------------------------------------------------164, 173, 205, 254 HR '160, Georgia delegation urged to correct conditions caused by price
ceiling on cotton ------------------------------------------------------------------------------------80, 391 HR 161, Memorial park for veterans, to establish______________________ J03, Ill, 205, 253
HR 163, Ratification of rules adopted by Supreme court for admission
of genuineness of documents, etC-------------------------------------------------------198, 201 HR 164, Ratification of rules adopted by Supreme court for practice
and procedure for repeal in cases_________ _l95, 196, 200, 244, 297, 327-349, 370 HR 165, Rules of procedure and pleadings in civil proceedings rati-
fied---------------------------------------------------------------------------198, 201, 244, 349-362, 370 HR 166, Education committees (general assembly) to investigate and
make recommendations pertaining to public schools system________________________________ --------------------------------------------- _____________ 121, 132, 208, 404 HR 167, State auditor, maintenance allowance provided__________________238, 240, 279, 321 HR 168, Herty Memorial Association, created_________________________________ _237, 239, 279, 404
HR 169, Constitutional state board of public welfare, created _______J65, 173, 205, 322 HR 172, Congress memorialized prohibiting price administration from
placing price ceiling on pulpwood growers------------------------------------------80, 391 HR 175, Goulds Inlet, declared name of,____________________________________237, 239, 279, 312 HR 181, Joint session, to hear Hon. Knox Kholston________________________________ l56, 157
HR 183, Vereen Bell Highway, named-----------------------------------------------269, 278, 305, 404
HR 184, Glover, Mrs. J. H., paid $3,000 for death of her
husbanL.-----------------------------------------------------------------------237, 240, 279, 319, 320 HR 186, Civilian production administration requested to receive rosin
order M -387------------------------------------------------------------------------------- _____________ ]96, 202 HR 191, State highway legislation, provide for committee to make
study of-----------------------------------------------------------------------------------------------------.370, 405 HR 192, Ga. delegation urged to speed negotiations for transfer of
Battey General HospitaL_______________________________ --------------------------------------.370, 391
HR 197, Sine die adjournmenL-----------------------------------------------------------------------------403, 456