Journal of the Senate of the State of Georgia at the regular session of the General Assembly commenced at Atlanta, Monday, January 13, 1947

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at ATLANTA, MONDAY, JANUARY 13, 1947
Darby Printing Company Atlanta, Ga.

j j 'j j j j j j j j j

OFFICERS
OF THE
STATE SENATE
TERM
1947
WILLIAM T. DEAN, 34th District.. .................................President Pro Tempore
RocKDALE CouNTY
MRS. HENRY W. NEVIN....................................................................... .Secretary
WHITFIELD CouNTY
LAMONT SMITH.. ...... .. .. .. .. .... ... ..... .. .... .. .............................Assistant Secretary
TATTNALL CouNTY
EDNA SWANN.................................................................................. Journal Clerk
QUITMAN CouNTY
ERIC HOLMES .................................................................................. Reading Clerk
GREENE CoUNTY
JOB BARNARD..................................................................................Calendar Clerk
FuLTON CouNTY
R. A. STRIBLING........................................ ,.....................................Message Clerk
FULTON CoUNTY
H. B. SMITH..............................................................................................Messenger
LuMPKIN CouNTY
A. PERRY GRIFFIN..............................................................................Doorkeeper
DEKALB COUNTY

I I

Senate Journal
Senate Chamber, Atlanta, Georgia. Monday, January 13, 1947. The Senators-elect of the General Assembly of Georgia for the year 1947-1948 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Mrs. Henry W. Nevin of Whitfield County, secretary of the Senate. The invocation was offered by Rev. Claude Boynton, of Blairsville, Georgia. The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Senators-elect in the general election of 1946, was received and read:
State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta
January 13, 1947
Secretary of the State Senate State Capitol Atlanta, Georgia
Dear Mrs. Nevin: I am transmitting herewith the names of the Senators elected- in the general election
held November 5, 1946, to represent the various Senatorial Districts in the State of Georgia as the same appear from the consolidated returns of said election which are of file in this office.
Very truly yours, Ben W. Fortson, Jr., Secretary of State

6

JOURNAL OF THE SENATE,

State of Georgia
Office of Secretary of State
I, Ben W. Fortson, Jr., Secretary of Stale of the State of Georgia, do hereby certify, that the one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of Georgia elected in the general election held the fifth day of November, 1946, as the same appear from the consolidated returns of said election, which returns are of file in this office, the number of the Senatorial District being given opposite the name of the Senator elected from said District.
In testimony whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-seven and of the Independence of the United States of America the One Hundred and Seventy-first.
Ben W. Fortson, Jr.,
Secretary of State.

(Seal)

SENATORS GENERAL ASSEMBLY ELECTED IN THE GENERAL ELECTION NOVEMBER 5, 1946
1st District Effingham, Chatham . . . . . . . . . . . . . . . . . Clarence T. Guyton 2nd District Liberty, Bryan, Mcintosh . . . . . . . . . . . . C. J. Smiley 3rd District Long, Brantley, Wayne . . . . . . . . . . . T. L. Howard 4th District Camden, Charlton, Glynn . . . . . . . . . . . J. Nolan Wells 5th District Clinch, Ware, Atkinson . . . . . . . . . . . . Mrs. Iris F. Blitch 6th District Lanier, Echols, Lowndes . . . . . . . . . . . . . Tom Miller 7th District Mitchell, Thomas, Grady . . . . . . . . . . . . . . E. L. Butler 8th District Miller, Decatur, Seminole . . . . . . . . . . . . . Roy W. Bush 9th District Baker, Calhoun, Early . . . . . . . . . . . Mrs. Benton Odom lOth District Worth, Lee, Dougherty . . . . . . . . . . . . . . . Dr. Gordon S. Sumner 11th District Clay, Randolph, Terrell . . . . . . . . . . . . . . . Albert S. Killingsworth 12th District Webster, Quitman, Stewart . . . . . . . . . . . . Laurence D. Burks 13th District Sumter, Macon, Schley . . . . . . . . . . . . . . . John E. Ferguson 14th District Pulaski, Bleckley, Dooly . . . . . . . . . . . . . . E. 0. Richardson 15th District Toombs, Montgomery, Wheeler . . . . . . . J. F. Darby, Sr. 16th District Emanuel, Laurens, Treutlen . . . . . . . . . . . Vendie H. Hooks 17th District Burke, Jenkins, Screven . . . . . . . . . . . . . Porter W. Carswell 18th District Jefferson, Richmond, Glascock . . . . . . . . . J. Will Overstreet 19th District Greene, Warren, Taliaferro . . . . . . . . . Lawrence Brown 20th District Washington, Baldwin, Hancock . . . . . B. J. Tarbutton 21st District Wilkinson, Johnson, Jones . . . . . . . . Alex S. Boone, Jr. 22nd District Lamar, Monroe, Butts . . . . . Clifford Seay 23rd District Taylor, Crawford, Peach . . . . . . . . . L R. Adams 24th District Marion, Muscogee, Chattahoochee . James Persons Hogg 25th District Talbot, Harris, Upson . . . . . J. H. Woodall 26th District Fayette, Spalding, Clayton , F. A. Sams

MONDAY, JANUARY 13, 1947

7

27th District Oconee, Jackson, Barrow . . . . . . . . . . . W. H. Hodges, Jr. 28th District Putnam, Morgan, Jasper . . . . . . . . . . . Dr. E. F. Griffith 29th District McDuffie, Columbia, Lincoln . . . . . . . . . . Robert E. Knox 30th District Hart, Madison, Elbert . . . . . . . . . . . . . . . T. S. Mason 31st District Habersham, Franklin, Stephens . . . . . . . . T. D. Williams 32nd District White, Lumpkin, Dawson . . . . . . . . Major Dorsey 33rd District Banks, Hall, Forsyth . . . . . . . . . . . . . . . . J. B. G. Logan 34th District Rockdale, DeKalb, Gwinnett . . . . . . . . William T. Dean 35th District Newton, Walton, Henry . . . . . . . . . . . . . Thomas G. Callaway, Jr. 36th District Pike, Coweta, Meriwether . . . . . . . . . . . . C. R. Gwyn, Sr. 37th District Heard, Carroll, Troup . . . . . . . . . . . . . . . . A. J. Huckeba 38th District Polk, Paulding, Haralson . . . . . . . . . . . . . W. D. Trippe 39th District Cherokee, Douglas, Cobb . . . . . . . . . . . . . Dr. Grady N. Coker 40th District Rabun, Towns, Union . . . . . . . . . . . . . . . . L. T. Mitchell 41st District Fannin, Gilmer, Pickens . . . . . . . . . . . . . . C. W. Kiker 42nd District Floyd, Bartow, Chattooga . . . . . . . . . . . . . F. L. Baker, Jr. 43rd District Murray, Whitfield, Gordon . . . . . . . . . . Chas. A. Pannell 44th District Catoosa, Dade, Walker . . . . . . . . . . . . . Chas. B. Yates 45th District Telfair, Irwin, Ben Hill . . . . . . . . . . . . . . . W. H. Walker 46th District Coffee, Pierce, Bacon . . . . . . . . . . . . . . . . . E. C. Wideman 47th District Turner, Colquitt, Tift . . . . . . . . . . . . . Walter W. Branch 48th District Wilcox, Crisp, Dodge . . . . . . . . . . . . . . . . Leroy G. Tippins 49th District Candler, Evans, Bulloch . . . . . . . . . . . . . . Robert Graham Daniell, Sr. 50th District Wilkes, Oglethorpe, Clarke . . . . . . . . . . . . Frank M. Arnold 51st District Bibb, Twiggs, Houston . . . . . . . . . . . . . . . A. H. S. Weaver 52nd District Fulton . . . . . . . . . . . . . . . . . . . . . . . . . G. Everett Millican 53rd District Cook, Brooks, Berrien . . . . . . . . . . . . . . J. H. Kennon 54th District Appling, Jeff Davis, Tattnall . . . . . . . . . . Bill Parker

The Senators-elect presented themselves at the secretary's desk as their districts and names were called, where Hon. Tom S. Candler, Associate Justice of the Supreme Court, administered to them the oath of office.

The following resolution was read:

SR I.

By Senators Millican of the 52nd and Weaver of the 51st:
Be It Resolved by the Senate that the rules of the 1945-1946 session of the Senate be adopted as the rules for the 1947-1948' session, unless and until changed by action of said body, with the following amendment to the rules, which amendment shall be known as rule 1 (A), to wit:

Rule 1 (A). That a President shall be elected by the Senate to preside over the Senate until the qualifying of the first Lieutenant-Governor elected under the present Constitution of Georgia, at which time he shall become President pro tempore.

The resolution was adopted.

8

JOURNAL OF THE SENATE,

The following communication was received from His Excellency, the Governor, and
was read by the Secretary of the Senate:

State of Georgia Executive Department Ellis Arnall, Governor P. T. McCutchen, Jr., Executive Secretary
Atlanta

January 13, 1947

Mr. President and Senators:
It is my duty to transmit herewith an Executive Communication under seal.
Paragraph XI, Section I, Article V of the State Constitution provides, in part, as follows:
"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."
Pursuant to the above provision of the Constitution, I wish to report that the following reprieves have been granted since the last session of the General Assembly:

Name of Prisoner Barnes, Willis Morris, L. H. Harper, Will Edmonds, Luke
McKay, George Hill, J. C. Morakes, Nick Russaw, Willie Henry

Crime Murder Murder Rape Murder
Murder Murder Murder Murder

Sentence Death Death Death Death

Date of Sentence March 7, 1946 April 12, 1946 August 2, 1946 Sept. 28, 1945

Death Death Death Death

Sept. 5, 1946 March 25, 1946 Nov. 4, 1945 Nov. 12, 1945

Date of Reprieve March 25, 1946 April 24, 1946 August 17, 1946 August 20, 1946 Nov. 19, 1946 Sept. 16, 1946 Oct. 4, 1946 Oct. 31, 1946 July 16, 1946

Reprieves in the cases of Willis Barnes and Willie Henry Russaw were granted for the purpose of allowing sanity commissions to determine whether they had become insane sub sequent to the date of conviction. Both were found to be sane, and their requests for transfer to the Milledgeville State Hospital were denied. The reprieves in the other cases were granted at the request of the State Board of Pardons and Paroles, in order to afford that board sufficient time to investigate and pass upon applications for commutation.

Respectfully submitted, Ellis Arnall, Governor

MONDAY, JANUARY 13, 1947

9


Senator Weaver of the 51st offered the following resolution:

A PRIVILEGED RESOLUTION
IN THE SENATE, JANUARY 13, 1947
WHEREAS, the Honorable Clarence T. Guyton, Senatorelect from the First Sel)atorial District, departed this life before qualifying and taking the oath of office as Senator; and
WHEREAS, Spence M. Grayson is the present Senator from the First Senatorial District ; and
WHEREAS, a writ of election has been issued to name a successor to be elected and qualified to take the place of the Honorable Clarence T. Guyton; and
WHEREAS, several weeks will be required under existing law before an election can be held; and
WHEREAS, at a mass meeting and/or convention held by the citizens of the First Senatorial District, along with the Senatorial Committee, at Springfield in Effingham County, on the 7th day of January, 1947, at which time a successor was nominated from Effingham County, and at the same meeting a Resolution was unanimously adopted, directed to the State Senate, and requesting the Senate to seat Spence M. Grayson, the present Senator, until his successor is elected and qualified; and
WHEREAS, under the Constitution, Article 12, Section 1, Paragraph 6, it is provided: "The officers of the Government now existing shall continue in the exercise of their several functimis until their successors are duly elected or appointed and qualified." Therefore, under the foregoing the present Senator, Spence M. Grayson, should continue to serve until his successor is elected and qualified; and
WHEREAS, Article 3, Section 7, Paragraph 1 of the Constitution provides: "Each House shall be the judge of the election returns, and qualifications of its members, etc." Therefore, the State Senate is authorized and qualified to seat the present Senator until the election and qualification of his successor; and
WHEREAS, if the said Spence M. Grayson is not seated, the First Senatorial District will be without representation in the State Senate until such time as a successor can be elected and qualified ; and
WHEREAS, it is the opinion of the State Senate that it is 'not intended by law that a District be without representation, and it was not the intent of law that the functions of an officer of the Government cease to be performed pending election of a successor;
THEREFORE, BE IT RESOLVED by the State Senate, sitting as the sole judge of the qualifications of its members, that the said Spence M. Grayson, the present Senator of the First Senatorial District, be seated as a member of the Senate, and that he be qualified to hold said seat in the same manner as the other members of the Senate, and to hold over as such member until his successor has been duly elected and qualified by taking the oath of office in this body as provided by law.

10

JOURNAL OF THE SENATE,

The following letter was read by the Secretary:

State of Georgia The State Senate
Atlanta
Members of the Georgia State Senate, c/o Mrs. Henry Nevin, Secretary, Georgia State Senate, State Capitol, Atlanta, Georgia.

January 7, 1947.

Dear Senators:
As you know, we have suffered a distinct loss by the death of the Honorable Clarence Guyton, who was to have been my successor.
I am quoting the pertinent sections of the Constitution which I believe establish as an elementary prirtciple of law my right to be seated from this district.

Article 3, Section 4, Paragraph 1, of the Constitution provides as follows:
"Term of Members. The members of the Generai Assembly shall be elected for two (2) years and shall serve until the time fixed by law for the convening of the next General Assembly."

Article 12, Section l, Paragraph 6, of the Constitution provides:
"Existing Officers. The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected, or appointed, and qualified."
It is our contention in the First District that the people of this District under the foregoing law are entitled to representation. If I should not be seated, the people of this District would have no representation in the Senate until such time as an election could be held and a successor elected and qualified.
The Attorney General has been requested to render an opm10n in the matter by the Commissioners of Effingham and Chatham Counties which are the only two counties in the District. This has been done to avoid any possible delay at the time of the convening. As you know, neither the legislative branch nor the judicial branch of the Government is bound by opinions of the Attorney General. So far as the Legislature is concerned, such an opinion is advisory.

Article 3, Section 7, Paragraph l, of the Constitution provides as follows:
"Election Returns, etc. Each house shall be the judge of the election, returns, and qualifications of its members, etc."
Under the above quoted paragraph the Senate is the sole judge of the qualifications of its members and can seat me or refuse to seat me in its discretion. It is not anticipated by the people of our District that we shall be denied representation in the State Senate.

MONDAY, JANUARY 13, 1947

11

I wish to call your attention to the case of Pittman vs. Ingram, 184th Ga., page 255, from which I quote:
"Where the Legislature creates an office and provides for the election of an officer to fill it for a given term of years, the incumbent will hold over and beyond the fixed term until his successor is elected, qualified, and commissioned. The office does not expire at the expiration of said term, but the elected officer holds over until his successor is com missioned and qualified. Holding over prevents a vacancy."
Another case bearing on the same point is the case from Early County, the case of Wiley vs. Douglas, 168th Ga., page 659.
If there is anything further you desire from me in this matter, don't hesitate to call me and I shall be glad to furnish any information I have. I do not believe that the members of the Senate will hesitate to seat me under existing conditions. I personally request you, in my official capacity make the request and in the name of the people of Chatham and Effingham Counties I request that this letter be read to the Senate immediately on its convening along with a Resolution you will receive from the Senatorial Committee of the First District.
Sincerely,
Spence M. Grayson
The following communication was read by the Secretary:
To the Secretary of the Senate and the Members of the Senate of the General Assembly of Georgia:
We, the undersigned Representatives in the General Assembly of Georgia from Chatham County, First Senatorial District, hereby respectfully protest the proposed seating o Spence M. Grayson as the Senator from the First Senatorial District of Georgia on the ground that his term of office, as prescribed by Article III, Section IV, Paragraph I, of the Constitution of the State of Georgia, has expired and he has not been elected to serve in the General Assembly which shall meet in regular session on the second Monday in January, 1947, to wit, January 13, pursuant to Paragraph III of said Article and Section. We respectfully request that this august body reject any claim of said Spence M. Grayson to a seat in the Senate of the State of Georgia and that he be denied admission for the purpose of taking a seat as a member of said body.
Respectfully submitted,
R. E. Evans, Jr.
H. C. Skinner
Malberry Smith, Jr.
The following resolution was read by the Secretary:
A RESOLUTION
WHEREAS, the First Senatorial District of Georgia is composed of Effingham County and Chatham County; and
WHEREAS, under the law, it was the time for Effingham County to furnish the Senator from said First Senatorial District for 1947-1949; and,
WHEREAS, Honorable Spence M. Grayson of Chatham County is the present Senator from said First Senatorial District; and,
WHEREAS, Honorable Clarence T. Guyton, late of Effingham County, deceased, was the Senator-elect from said First District for 1947-1949; and,

12

JOURNAL OF THE SENATE,

WHEREAS, on January 7th, 1947, a mass meeting and/or Democratic convention, after having been duly called, convened at Springfield, the county seat of Effingham County, Georgia, for the purpose of nominating, and did nominate, a candidate to be certified by the First District Democratic Senatorial Committee to run in a special election on the Democratic ticket, in the counties of Effingham and Chatham, to be held under and by virtue of a Writ of Election to be issued by the Governor of Georgia; and,
NOW THEREFORE, at said mass meeting and/ or Democratic Convention, as aforesaid, a motion was made and duly seconded and adopted by a unanimous vote of the con vention, that it is the sense of this meeting that our present Senator, to wit: Honorable Spence M. Grayson, be seated by the State Senate as Senator from the First District, when that body convenes on January 13th, 1947, and that said Senator Grayson continue as such Senator from the First District of Georgia until his successor has been duly elected and qualifies.

This 7th day of January, 1947.
Columbus E. Alexander, Chairman, First District Democratic Senatorial Committee, and .Chairman of said Mass Meeting and/ or Democratic Convention.
Walton Usher, Secretary, First District Democratic Senatorial Committee, and Secretary of said Mass Meeting and/ or Democratic Convention.
The resolution was. adopted and Hon. Spence M. Grayson was seated as Senator from the First District.
The secretary announced that the next order of business was the election of a president of the Senate.
Senator Callaway of the 35th nominated Honorable William T. Dean, Senator of the 34th, under the provisions as adopted in SR 1. The nomination was seconded by Senator Coker of the 39th and upon motion of Senator Millican of the 52nd the nomination was closed.
Senator Pannell of the 43rd asked unanimous consent that the call of the roll be dispensed with and the secretary be instructed to cast the unanimous vote of the Senate for Honorable William T. Dean as president. The consent was granted and the secretary declared Senator Dean elected by unanimous vote of the Senate.
The secretary appointed as a committee to escort the president-elect to the president's stand: Senators Coker of the 39th, Pannell of the 43rd, and Callaway of the 35th.
Upon being presented to the Senate by the secretary, the president addressed the members in appreciation of his election as presiding officer.
The next order of business being the election of the secretary of the Senate, Senator Millican of the 52nd nominated Honorable Thomas L. Camp of Rockdale County. The nomination was seconded by Senator Blitch of the 5th. Senator Pannell of the 43rd nomi nated Mrs. Henry W. Nevin, Whitfield County. The nomination was seconded by Senator Trippe of the 38th and Senator Kennon of the 53rd, and upon motion of Senator Baker of the 42nd the nominations were closed.

MONDAY, JANUARY 13, 1947

13

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

Those voting for Mrs. Henry W. Nevin for Secretary were Senators:

Adams Arnold Branch Brown Burks Coker Daniell Dorsey Ferguson Grayson

Griffith Gwyn Hogg Huckeba Kennon Knox Logan Miller Mitchell

Overstreet Pannell Seay Smiley Sumner Trippe Wells Williams Yates

Those voting for Thomas L. Camp for Secretary were Senators:

Baker Blitch Boone Bush Butler Callaway Carswell Darby Hodges

Hooks Howard Kiker Killingsworth Mason Millican Odom Parker

Richardson Sams Tarbutton Tippins Walker Weaver Wideman Woodall

Senator Millican of the 52nd objected to dispensing with the verification of the roll call, and the roll call was verified.

The president declared Mrs. Nevin elected secretary by vote of the Senate.
The president appointea as a committee to locate and escort the secretary-el~t to her desk the following: Senator Pannell of the 43rd, Senator Trippe of the 38th, and Senator Kennon of the 53rd.

Secretary Nevin was administered the oath of office by the president.

Upon being presented to the members by the president, the secretary addressed the Senate, expressing her appreciation of the honor conferred upon her.

The following resolutions were read and adopted:

SR 2.

By Senators Millican of the 52nd and Weaver of the 51st: BE IT RESOLVED, by the Senate, that the Secretary of the Senat~ be instructed to notify the House that the Senate has organized and has elected Hon. W. T. Dean
president, and Mrs. Henry W. Nevin, county of Whitfield, secretary, and is ready
for the transaction of business.

SR 3.

By Senators Millican of the 52nd and Weaver of the 51st:
BE IT RESOLVED, by the Senate, the House concurring, that a committee of five, three to be named by the Speaker of the House and two by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly bas convened and organized in regular session for the transaction of business.

14

JOURNAL OF THE SENATE,

The president appointed as a Committee on the part of the Senate under the above resolution, Senators Ferguson of the 13th and Arnold of the 50th.
The president announced that the next order of business was the election of a doorkeeper of the Senate.
Senator Dean of the 34th nominated the Honorable A. Perry Griffin of DeKalb County.
Senator Mason of the 30th moved that the nominations be closed, and the motion prevailed.
Senator Dean of the 34th asked unanimous consent that the call of the roll be dispensed with and that the secretary be instructed to cast the unanimous vote of the membership for Mr. Griffin as doorkeeper. The consent was granted and the president declared Mr. Griffin duly elected as doorkeeper by unanimous vote of the Senate.
The president appointed as a committee to find and escort Mr. Griffin to the president's stand the following: Senator Dean of the 34th, Senator Dorsey of the 32nd, and Senator Griffith of the 28th.
The president presented Mr. Griffin to the members of the Senate and he responded with expression of appreciation for the honor he had received.
The next order of business being the election of a messenger of the Senate, Senator Coker of the 39th nominated the Honorable H. B. Smith of Lumpkin County. The nomination was seconded by Senator Mitchell of the 40th and Senator Dorsey of the 32nd.
Senator Hooks of the 16th nominated Honorable Joe Lipps of the county of Tift. The nomination was seconded by Senator Kennon of the 53rd.
Senator Branch of the 47th nominated Honorable M. S. Patton of Tift County. The nomination was seconded by Senator Sumner of the lOth. Senator Coker of the 39th moved that the nominations be closed and the motion prevailed.

Those voting for Mr. Lipps for Messenger were Senators:

Adams Arnold Baker Burks Carswell

Daniell Hooks Howard Kiker Knox

Miller Millican Parker Smiley

Those voting for Mr. Patton for Messenger were Senators:

Blitch Boone Branch Butler Callaway Grayson Hogg

Kennon Mason Odom Overstreet Richardson Sams

Seay Sumner Trippe Weaver Wideman Williams

Those voting for Mr. Smith for Messenger were Senators:

Brown Bush Coker Darby Dorsey Ferguson Griffith

Gwyn Hodges Huckeba Killingsworth Logan Mitchell Pannell

Tarbutton Tippins Walker Wells Woodall Yates

MONDAY, JANUARY 13, 1947

15

No carnlidate having received a majority of the entire vote cast, a second roll call was ordered on the two highest candidates and the vote was as follows:

Those voting for Mr. Smith for Messenger were Senators:

Adams Baker Brown Bush Carswell Coker Darby Dorsey Ferguson Griffith Gwyn

Hodges Hogg Hooks Howard Huckeba Kiker Killingsworth Knox Logan Millican Mitchell

Pannell Smiley Tarbutton Tippin~ Trippe Walker Wells Williams Woodall Yates

Those voting for Mr. Patton for Messenger were Senators:

Arnold Blitch Boone Branch Burks Butler Callaway

Daniell Grayson Kennon Mason Miller Odom Overstreet

Parker Richardson Sams Seay Sumner Weaver Wideman

Senator Millican of the 52nd asked unanimous consent that the verification of the roll

call be dispensed with.

I

The consent was granted, and the president declared Mr. Smith duly elected as

messenger.

The president appointed as a committee to find and escort Mr. Smith" to the president's stand the following senators: Senator Sumner of the lOth and Senator Coker of the 39th.

The president presented Mr. Smith to the members, who expressed his appreciation for being elected to this post.

The president presented to the Senate his wife, Mrs. William T. Dean.

Senators Millican of the 52nd and Weaver of the 51st offered the following privileged resolution:

The following resolutions were read and adopted:

A RESOLUTION
By Senator Weaver of the 51st and Senator Millican of the 52nd~
Be It Resolved that the following Senators be extended the courtesy of selecting their seats:
Senator Blitch of the 5th District Senator Odom of the 9th District Senator Sams of the 26th District Senator Gwyn of the 36th District Senator Kennon of the 53rd District Senator Darby of the 15th District Senator Woodall of the 25th District, and Senator Logan of the 33rd District.

16

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, Chairman of the Committee on Engrossing and Enrolling, submitted the following report: Mr. President:

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

SR 2

SR 3

Respectfully submitted,

Wideman of 46th District, Chairman

SR 4. By Senators Millican of the 52nd and Weaver of the 51st.
A resolution by the Senate, the House concurring, that the Senate and House meet in joint session in the hall of the House of Representatives at 10:30 A. M., January 14, 1947, for the purpose of canvassing and publishing the election returns of the General Election of November 5, 1946, for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor; and the Prtsident of the Senate and the Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly.
The following assistant secretary, Lamont Smith, and attaches, Miss Edna Swann, Mrs. Anne Gaffney, Mrs. Rebecca Causey, Miss Lila Longley, Mrs. Eugenia Barnard, Mr. Job Barnard, Mr. Eric Holmes and Mr. R. A. Stribling were administered their respective oaths of office by the president pro tempore.
Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, JANUARY 14,"1947

17

Senate Chamber, Atlanta, Georgia. Tuesday, January 14, 1947.

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 chapl~n.
By unanimous consent the reading of the journal was dispensed with.
Senator Millican of the 52nd asked unanimous consent that the journal be confirmed. The con.sent was granted and the journal was confirmed.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

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

Mr. President:
I am directed by the House to notify the Senate that the House has organized, with the election of Hon. Fred B. Hand of Mitchell, as Speaker, and Joe Boone of Wilkinson, as Clerk, and is now ready for the transaction of business.

The House has adopted the following resolution of the Senate:

SR 3.

By Senators Millican of the 52nd and Weaver of the 51st:
A resolution, providing for a committee to notify His Excellency, the Governor, that the General Assembly has convened and is ready for the transaction of business.

The speaker has appointed, on the part of the House, the following members of the House, to wit: Messrs. Hinson of Ware, Evitt of Catoosa and Kenimer of Harris.

18

JOURNAL OF THE SENATE,

The House has adopted the following resolution of the House, to wit:

HR 5.

By Mr. Ray of Warren.
A resolution, providing for a joint session in the hall of the House of Representa tives, at 10:30 A. M., January 14, 1947, for the purpose of opening and publishing the election returns.

The following resolution of the House was read:

HR 5.

By Mr. Ray of Warren.
A resolution that the House and Senate meet in joint session in the hall of the House of Representatives at 10:30 A. M., on January 14, 1947, for the purpose of opening and publishing the election returns.

Senator Grayson of the 1st moved the previous question and the motion prevailed.

On the adoption of the resolution, Senator Grayson of the 1st called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway

Darby Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Those voting in the negative were Senators:

Arnold Branch Carswell Coker Daniell Ferguson Griffith Gwyn

Hogg Huckeba Kennon Kiker Knox Logan Mason Millican Overstreet

Parker Sams Seay Sumner Trippe Williams Woodall Yates

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

On the adoption of the resolution, the ayes were 28, nays 25.

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

The president asked unanimous consent that the resolution be immediately transmitted to the House and the consent was granted.

The following resolution was read and adopted:

SR 5.

By Senator Millican of the 52nd:
A resolution providing for rules to govern appointment of Senate attaches and fixing per diem and pay; and for other purposes.

TUESDAY, JANUARY 14, 1947

19

The hour of convening the joint session of the Senate and House having arrived, the president accompanied by the secretary and Senators, proceeded to the hall of the House of Representatives, and the joint session called for the purpose of canvassing and publishing the vote of the general election of 1946, and declaring the results thereof for the Governor and other state house officers, was called to order by the president.
Under the provisions of HR 5 adopted in the House on January 13, 1947, and adopted in the Senate on January 14, 1947, the Senate appeared upon the floor of the House and the joint session, convened for the purpose of opening and publishing the election returns, was called to order by the president of the Senate.
The secretary of the Senate read the resolution providing for the joint session.
The president announced that the joint session would recess until 2:00 P. ,M. this afternoon.

2:00 P.M.
The president called the joint session to order.
The following communication was received from the Secretary of State:
Department of State
Atlanta
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby transmit to the President of the Senate for the President of the Senate and Speaker of the House of Representatives in Joint Session of the General Assembly the election returns of the election held on November 5, 1946, for Governor, Lieutenant Governor and Constitutional Officers, as the same have come to me.
Ben W. Fortson, Jr., Secretary of State
Mr. Neal of Thomas asked unanimous consent to introduce a resolution and the consent was granted.
The following resolution was read: JSR 1. By Messrs. Neal of Thomas, Flynt of Spalding, Howard of DeKalb, Battle of Schley,
Pearlman of Sumter, and Moye of Lanier.,
WHEREAS, the General Assembly of Georgia is about to participate in a session unparalleled in importance in Georgia history;
AND, WHEREAS, we subscribed to the principle that all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the people ;
AND, WHEREAS, we believe that chaotic conditions will prevail in Georgia during at least the next two years if a governor is chosen in any way, other than by the direct vote of the people of this state;
AND, WHEREAS, we believe that the members of the General Assembly are entitled to know the positions of certain persons upon the question of a proposed special election ;

20

JOURNAL OF THE SENATE,

THEREFORE, BE IT RESOLVED by the General Assembly in joint session assembled, that an invitation be extended to Honorable M. E. Thompson and Honorable Herman Talmadge to immediately address this General Assembly and state to said body whether he is in favor of a special election for Governor of Georgia, and whether, if he is Governor of Georgia on January 15, 1947, he will stand before the General Assembly in joint session and request said General Assembly to pro vide the machinery for calling a special election for Governor at a time not less than twenty days nor more than sixty days after the passage of the necessary enabling legislation. Said election to be held under the existing laws of the State of Georgia and both candidates agreeing that neither of them will ask the present State Democratic executive committee to take any action prior to the election date.
The president ruled the resolution out of order.

The following resolution was read:
JSR 2. By Mr. Elliott of Muscogee:
BE IT RESOLVED that the General Assembly proceed to open, canvass and publish the returns of the general election held November 5th, 1946, for Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Comptroller General, Commissioner of Agriculture and Commissioner of Labor, and that for this purpose a committee of tellers be appointed to make the tabulation, said committee to be composed of two members of the Senate to be named by the president of the Senate, and three members of the House to be named by the Speaker of the House.

BE IT FURTHER RESOLVED that said committee be instructed as follows:
1. To proceed with said tabulation immediately.
2. To conduct the tabulation in the hall of the House of Representatives in the presence of the entire General Assembly.
3. When the tabulation for all offices is complete, to make a separate report of the returns of the election for each of the above named offices.
4. To make no recommendation concerning action of the General Assembly thereon.
5. To submit said reports separately and in the following order: (1) Governor
(2) Lieutenant Governor (3) Secretary of State (4) Treasurer (5) Attorney General (6) Comptroller General (7) Commissioner of Agriculture (8) Commissioner of Labor
(9) State School Superintendent

TUESDAY, JANUARY 14, 1947

21

BE IT FURTHER RESOLVED that the General Assembly act upon said reports in this order:
(1) Governor (2) Lieutenant Governor (3) Secretary of State (4) Treasurer (5) Attorney General (6) Comptroller General (7) Commissioner of Agriculture (8) Commissioner of Labor (9) State School Superintendent

BE IT FURTHER RESOLVED that no report of the returns in any election other than the election of Governor be read or acted upon until final action has been taken on the election of a Governor and until the inauguration of a Governor, in the event a Governor is elected by the General Assembly.

The following substitute to JSR 2 was read: By Senator Millican of the 52nd:
BE IT RESO' LVED by the General Assembly of Georgia in joint session, that a committee of five members be appointed. Two members from the membership of the Senate, appointed by the president of the Senate, and three members from the membership of the House, appointed by the speaker of the House, to assist the president of the Senate and the speaker of the House in acting as teller in the
canvassing of the returns of the general election of November s; 1946, as provided
in the joint resolution adopted by the Senate and the House on January 13, 1947. When the canvassing shall have been completed, said results shall be announced to the members of the General Assembly in joint session by the presiding officer of the joint session, and said results shall be recorded in the Journals of the House and Senate.

The following amendment to JSR 2 was read:
Messrs. Gowen of Glynn and Durden of Dougherty moves to amend joint resolution 2 by striking the following words:
"Be it further resolved that no report of the returns in any election other than the election of Governor he read or acted upon until final action has been taken on the election of a Governor and until the inauguration of a Governor in the event a Governor is elected by the General Assembly." and insert in lieu thereof the following:
"The president of the Senate shall publish the entire returns from the general election for all officials as soon as the tellers report and before any other business is transadted."
Mr. Crowe of Worth moved the previous question.
Senator Millican of the 52nd asked unanimous consent to withdraw his substitute to JSR 2, the request was granted, and the substitute was withdrawn.

22

JOURNAL OF THE SENATE,

The following amendment was read:

Mr. Elliott of Muscogee moves to amend JSR 2 by adding a new paragraph as follows:

"Be it further resolved that the action on the returns for Lieutenant Governor and the inauguration of the Lieutenant Governor shall follow immediately the inauguration of a Governor."

The president ruled the amendment out of order.

On the adoption of the amendment offered by Messrs. Gowen of Glynn and Durden of Dougherty to JSR 2, Senator Trippe of the 38th called for the ayes and nays and the call was sustained.

Mr. Flynt of Spalding asked unanimous consent that several members of the House be excused from voting and objection was heard.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Branch Carswell Coker Daniell Ferguson Griffith Gwyn

Hogg Huckeba Kennon Kiker Knox Logan Mason Millican Overstreet

Parker Sams Seay Sumner Trippe Wells Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Callaway Darby

Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wideman

On the adoption of the amendment the ayes were 27, nays 26.

Those voting in the affirmative were Representatives:

Adams of Polk Arnall Avera Bagby Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Caswell

Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Etheridge of Fulton Evans. Eve Evitt Fowler

Freeman Garrison Gibbons Gibson Goldberg Gowen Greene of Crisp Greer Groover Hagan Hampton Hardin of Turner Hardy

TUESDAY, JANUARY 14, 1947

23

Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn

Lokey Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis Moore of Lumpkin Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay

Reid Riddlespurger Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Vandiver Watford Wells of Clarke Welsch Williams of Jones Williams of Ware Willingham Wilson

Those voting in the negative were Representatives:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Cates Chalker Chance Cheek Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth

Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Garland Garrard Garrett Gary Glisson Green of Rabun Hall Hand Hardin of Glascock Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb

Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Lewis of Hancock Lockett Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby

24

JOURNAL OF THE SENATE,

Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland

Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson

Twitty Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Representatives Black, Mavity and Tuttle.

The roll call was verified.

On the adoption of the amendment the ayes were 126, nays 128.

The amendment was lost.

On the adoption of JSR 2, the president ordered a roll call.

Mr. Gowen of Glynn asked unanimous consent that the resolution be adopted; there was no objection and the resolution was adopted.

Under the provisions of JSR 2, the president appointed as a committee of tellers, the following:

Senator Pannell of the 42nd

Senator Millican of the 52nd

Mr. Gowen of Glynn

Mr. Crowe of Worth

Mr. Twitty of Mitchell

The joint session was recessed subject to the call of the president.

The president called the joint session to order.

Rule 177 was read.

Mr. Smith of Bryan moved that the joint session of the General Assembly be now ad journed until 10:00 tomorrow morning.

The president ruled the motion out of order.

The following report of the committee of tellers was submitted and read:

January 14, 1947
To the General Assembly of Georgia in joint session: We, your tellers, appointed to canvass the vote for Governor, beg leave to submit the
following report: For Governor: Eugene Talmadge ..... 143,279 For Governor: Herman Talmadge 675

TUESDAY, JANUARY 14, 1947

25

For Governor: James V. Carmichael ......... 669

For Governor: D. Talmadge Bowers . . . . . . . . . . 637

For Governor: Ellis Arnall . . . . . . . . . . . . . . . . . . . 122

For Governor: E. D. Rivers . . . . . . . . .. . . . . . . . .

6

For Governor: Hoke O'Kelly . . . . . . . . . . . . . . . . .

4

For Governor: Frank Lawson . . . . . . . . . . . . . . . . . .

3

For Governor: Jake Joel . . . . . . . . . . . . . . . . . .

1

For Governor: Harry Summers . . . . . . . . . . . . . . .

1

For Governor: Helen Mankin . . . . . . . . . . . . . . . . . .

1

For Governor: Hoyt Sheppard . . . . . . . . . . . . . . . . .

1

For Governor: Charles Trippi . . . . . . . . . . . . . . . . .

1

For Governor: T. H. Brooks . . . . . . . . . . . . . . . .

1

For Governor: 0. Weaver . . . . . . . . . . . . . . . . . . . . .

1

For Governor: H. A. Alexander . . . . . . . . . . . . . . . 13

For Governor: J. T. Herndon . . . . . . . . . . . . . . . . . .

1

For Governor: Guy Bomar . . . . . . . . . . . . . . . . . .

1

For Governor: Broughton . . . . . . . . . . . . . . . . . . . . .

1

For Governor: Neal . . . . . . . . . . . . . . . . . . . . . . . . . .

1

For Governor: Dan Duke . . . . . . . . . . . . . . . . . . . . . .

1

For Governor: Harold Cole . . . . . . . . . . . . . . . . . . .

1

For Governor: Joe Bush . . . . . . . . . . . . . . . . . . . . .

2

For Governor: Connally ....................... .

1

For Governor: Butts

1

For Governor: Thompson ..................... .

3

For Governor: Glen Rainey ................... .

1

For Governor: Brewton ......................

1

For Governor: B. Jones ....................... .

5

For Governor: J. C. Davis . . . . . . . . . . . . . . . . . . . . .

1

For Governor: F. Merle . . . . . . . . . . . . . . . . . . . . . . .

1

Respectfully submitted,

On the part of the Senate:
Pannell of 43rd Millican of 52nd

The following resolution was read:

On the part of the House:
Gowen of Glynn Twitty of Mitchell W. J. Crowe

JSR 3. By Mr. Elliott of Muscogee:
WHEREAS, an election for Governor of the State of Georgia was held on November 5, 1946, and the returns of said election have been opened and published under the direction of the General Assembly on January 14, 1947, and
WHEREAS, it appears that no person has a majority of the whole number of votes cast by virtue of the fact that Eugene Talmadge, now deceased, received the highest number of votes cast,

26

JOURNAL OF THE SENATE,

THEREFORE, BE IT RESOLVED that the General Assembly proceed immediately to elect a Governor viva voce.
Photostatic copy of the original certificate of death of Eugene Talmadge was attached to joint session resolution 3.
The following substitute to JSR 3 was read: Substitute to JSR 3. By Mr. Durden of Dougherty:
Since the returns from the General Election held November 5, 1946, show upon their face that the Honorable Eugene Talmadge received a majority of the votes cast for Governor in said election, and since he died on December 21, 1946, and since a Lieutenant Governor was elected in the same election; now, therefore,
BE IT RESOLVED by the General Assembly of Georgia in joint session: That Honorable Eugene Talmadge was, and is hereby declared to have been, elected to a fourth term as Governor on November 5, 1946, and that it is therefore the sense of this body that it does not have authority to elect a Governor.
The previous question was ordered.
The main question was ordered.
On the adoption of the substitute to JSR 3, the president ordered a roll .call.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Branch Carswell Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Overstreet

Parker Sams Seay Sumner Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Callaway Coker

Darby Dorsey Grayson Hodges Hooks Howard Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

TUESDAY, JANUARY 14, 1947

27

On the adoption of the substitute, the ayes were 26, nays 27.

Those voting in the affirmative were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Evans Eve Evitt Fowler Freeman Garrison Gibbons Gibson Goldberg Gowen Greer Groover

Hagan Hampton Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis

Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay Reid Riddlespurger Seagraves Skinner Smith of Chatham Smith of Oayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Tuttle Vandiver Watford Wells of Clarke Welsch Williams of Ware Willingham Wilson

Those voting in the negative were Representatives:

Adams of Towns Adams of Wheeler Addleton Ansley Bargeron Barrett Bennett Bostwick Bradley Briscoe

Byrd Callier Caswell Cates Chalker Chance Cheek Cochran Conger Coogle

Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker

28

JOURNAL OF THE SENATE,

Etheridge of Fulton Flynt Garland Garrard Garrett Gary Glisson Green of Rabun Hall Hand Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes

Jones Kendrick Kidd King Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey

Ramey Ray Rich Risner Rowland Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson Twitty Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Representatives Anglin, Bagby, Black, Greene of Crisp, Mavity, Moore of Lumpkin, and Williams of Jones.

The roll call was verified.
On the adoption of the substitute to JSR 3, the ayes were 118, the nays 132.
The substitute was lost.
On the adoption of JSR 3, Senator Millican of the 52nd moved the ayes and nays and the roll call was sustained.
Roll call was order~ and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Coker

Darby Dorsey Grayson Hodges Hooks Howard Mason Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

TUESDAY, JANUARY 14, 1947

29

. Those voting in the negative were Senators:

Arnold Branch Carswell Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Kiker Killingsworth Knox Logan Millican Overstreet

Parker Sams Seay Sumner Trippe Williams Woodall Yates

On the adoption of JSR 3, the ayes were 29, the nays 24.

Those voting in the affirmative were Representatives:

Adams of Towns Adams of Wheeler Addleton Ansley Bagby Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Caswell Cates Chalker Chance Cheek Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Flynt

Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hand Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hicks Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Lewis of Hancock Lockett Lokey Lovett

McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson Twitty

30

JOURNAL OF THE SENATE,

Vickers Walker Wells of Lincoln

Whaley Williams of Mcintosh Williams of Toombs

Willoughby Witherington Yawn

Those voting in the negative were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Evans Eve Evitt Fowler Freeman Garrison Gibbons Gibson Goldberg Gowen Greer

Groover Hagan Hampton Hardy Harrison of Jenkins Hefner Henderson Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Mathis

Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay Reid Riddlespurger Seagraves Skinner Smith of Chatham Smith of Oayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Tuttle Vandiver Watford Wells of Clarke Welsch Williams of Ware Willingham Wilson

Those not voting were Representatives Anglin, Black, Mavity, Moore of Lumpkin, and Williams of Jones.

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

On the adoption of JSR 3, the ayes were 137, the nays 114.

The resolution was adopted.

Mr. Elliott of Muscogee moved with reference to the report of the tabulating com mittee relating to the election for Governor, from among the two named as having received the highest number of votes, who are still in life, and who do not decline an election, I nominate for Governor of Georgia for a term of four years the Hon. Herman Talmadge of the counties of Telfair and Henry.

TUESDAY, JANUARY 14, 1947

31

On the nomination, the roll call was ordered and the vote was as follows:

Those voting for Herman Talmadge for Governor were Senators:

Adams Blitch Boone Branch Brown Burks Bush Butler Callaway Coker Darby Dorsey

Ferguson Grayson Gwyn Hodges Hooks Howard Huckeba Killingsworth Knox Mason Miller Mitchell

Odom Pannell Richardson Sams Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Those voting present were Senators:

Arnold Carswell Daniell Ferguson Griffith Hogg

Kiker Logan Millican Overstreet Parker Seay

Sumner Trippe
~lliams
Woodall Yates

Not voting were Senators Baker and Kennon.

On the election of Herman Talmadge as Governor, the ayes were 34, nays 17.

Those voting for Herman TalJ!ladge for Governor were Representatives:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bagby Bargeron Barrett Bennett Bostwick Bradley
-Briscoe Byrd Callier Caswell Cates

Chalker Chance Cheek Cheshire Clark Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Wortb Davis Dykes Edenfield Elliott

Ellis Etheridge of Baker Etheridge of Fulton Flynt Freeman Garland Garrard Garrett Garrison Gary Glisson Green of Rabun Greene of Crisp Hall Hand Hardin of Glascock

32
Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Henderson Higgs Hill Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Lewis of Greene Lewis of Hancock Lockett Lokey Lovett McCracken McMillan

JOURNAL OF THE SENATE,
Mall~d Mann of Henry Mann of Rockdale Manous Mathews Meeks Mitchell Mnfer Morgan Morrison Moye of Lamar Moye of Washington Nicholson Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Riddles purger Rich Risner Rowland Rucker

Sabados Salter Seagraves Shields Sills Smith of Bryan Smith of Carroll Smith of Clayton Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Those votmg present were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Claxton Covington Dobbs Dorsey Durden

Evans Eve Evitt Fowler Gibson Goldberg Gowen Greer Groover Hagan Hampton Hardy Harrison of Jenkins Hefner Hinson Hubert Hurt

Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Littlejohn Long McWhorter Malone Mason Massey Mathis Moore of Taliaferro

TUESDAY, JANUARY 14, 1947

33

Morris Murphy Neel Nightingale Phillips Ramsay

Reid Skinner Smith of Chatham Smith of Fulton Swindle Towill Trulock

Vandiver Wells of Clarke Welsch Williams of Ware Willingham Wilson

Not voting were Representatives Black, Gibbons, Hicks, Leverette, Mavity, Moore of Lumpkin, and Williams of Jones.

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

On the election of Hon. Herman E. Talmadge as Governor of Georgia for a four-year term, the vote was 161 in favor of the Hon. Herman E. Talmadge.

87 members voted present.

Hon. Herman E. Talmadge, having received a majority -of the votes of all members elected to the General Assembly of Georgia, was declared Governor of Georgia for a four year term.

The following resolution was read and adopted:
JSR 4. By Mr. Elliott of Muscogee:
WHEREAS, the General Assembly has elected a Governor,
THEREFORE, BE IT RESOLVED that a committee of escort be appointed to escort the Governor-elect to the hall of the House of Representatives and that the General Assembly proceed immediately with the inauguration.
Under the provisions of JSR 4 the president appointed the following as a committee to escort Governor-elect Herman E. Talmadge to the speaker's stand:
Mr. Elliott of Muscogee
Mr. Crowe of Worth
Mr. Smith of Emanuel
Senator Tippins of the 48th
Senator Grayson of the 1st.
Governor-elect Herman E. Talmadge appeared on the speaker's stand and the following oath of office was administered by Hon. C. W. Worrill, Judge of the Superior Courts of the Pataula Judicial Circuit:

OATH OF OFFICE
I do solemnly swear that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.
I do further solemnly swear that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor any one of the several States, nor of any foreign State, and

. MERTON COUlTER

34

JOURNAL OF THE SENATE,

that I am otherwise qualified to hold the office of Governor according to the Constitution and laws of Georgia, and that I will support the Constitution of the United States and of the State of Georgia.
Herman E. Talmadge Sworn to and subscribed before me on this, the 14th day of January, 1947.
C. W. Worrill, Judge, Superior Courts, Pataula Judicial Circuit, State of Georgia
Governor Herman Talmadge addressed the joint session of the General Assembly.
The following resolution was read and adopted, by unanimous consent: JSR 5. By Rep. Elliott of Muscogee:
BE IT RESOLVED .by the General Assembly of Georgia that the presiding Officer of the Senate he, and is hereby authorized and directed to appoint ten (10) members of the Senate, and the speaker of the House is hereby authorized and directed to appoint fifteen (15) members of the House to serve as a committee of the General Assembly to install the newly elected Governor in the Governor's office in the capitol building.
BE IT FURTHER RESOLVED that the messenger and doorkeeper of the House, and the sergeant at arms of the Senate, together with their assistants, he and they are hereby instructed to render whatever assistance as may he necessary to said committee.
Under the provisions of JSR 5, the chair appointed the following as a committee:
Senator Odom of the 9th Senator Blitch of the 5th Senator Boone of the 21st Senator Branch of the 47th Senator Brown of the 19th Senator Burks of the 12th Senator Bush of the 8th Senator Butler of the 7th Senator Callaway of the 35th Senator Tippins of the 48th Mr. Dykes of Bleckley Mr. Lovett of Laurens Mr. Crowe of Worth Mr. Williams of Toombs Mr. Overby of Hall Mr. Moye of Lamar Mr. Rich of Decatur Mr. Willoughby of Clinch Mr. Yawn of Dodge Mr. Hobby of Worth Mr. McCracken of Jefferson Mr. Ray of Warren Mr. F1ynt of Spalding Mr. Howard of DeKalh Mr. Johnston of Lowndes

TUESDAY, JANUARY 14, 1947

35

The followi!lg reports of the committee of tellers were submitted and read:

To the General Assembly of Georgia in joint session:

January 14, 1947

We, your tellers, appointed to canvass the vote for Lieutenant Governor, beg leave to submit the following report:

For Lieutenant Governor: For Lieutenant Governor: For Lieutenant Governor: For Lieutenant Governor:

M. E. Thompson ...... 161,513

J. C. Balkcom, Sr.....

2

Marvin Griffin . . . . . . . .

1

B. Davis . . . . . . . . . . . . .

1

Respectfully submitted,

On the part of the Senate:
Pannell of 43rd Millican of 52nd

On the part of the House:
Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Secretary of State, beg leave to submit the following report:
For Secretary of State: Ben W. Fortson, Jr....... 159,363
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Treasurer, beg leave to submit the following report:
For Treasurer: George B. Hamilton ............ 159,379
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On t~e part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

36

JOURNAL OF THE SENATE,

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Attorney General, beg leave to submit the following report:
For Attorney General: J. Eugene Cook ......... 159,371
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Comptroller General, beg leave to submit the following report:
For Comptroller General: Zack D. Cravey........ 159,380
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Commissioner. of Agriculture, beg leave to submit the following report:
For Commissioner of Agriculture: Tom Linder.... '159,376
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

TUESDAY, JANUARY 14, 1947

37

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Commissioner of Labor, beg leave to submit the following report:
For Commissioner of Labor: Ben T. Huiet. ....... 159,375
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for State School Superintendent, beg leave to submit the following report:
For State School Superintendent: M. D. Collins ... 159,370
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe
Mr. Elliott of Muscogee moved with reference to the reports of the tabulating committee relating to the returns in t}le election for Lieutenant Governor, Secretary of State, Treas urer, Attorney General, Comptroller General, Commissioner of Agriculture, Commi~sioner of Labor, and State School Superintendent, I ask unanimous consent that the persons indi cated in said reports as having received the majority vote for the offices set opposite their names be declared duly elected to the respective offices.
The motion prevailed and the president announced the aforesaid officers duly elected.
Mr. Twitty of Mitchell moved that the joint session of the General Assembly be now
dissolved, and the motion prevailed.
The Senators returned to the Senate chamber and the Senate was called to order by the president.
Senator Millican of the 52nd moved that the Senate adjourn until 10 o'clock Thursday morning, and the motion prevailed.

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

38

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 16, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain.

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

Adams Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson Griffith

Gwyn Hodges Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Walker Weaver Wells Wideman Williams Woodall Yates

The journal of yesterday's proceedings was read.

The journal was confirmed.

Under the privileged resolution introduced by Senator Millican of the 52nd as adopted Monday, January 13th, 1947, the members named therein presented themselves to the secretary's desk for the purpose of choosing their seats.

At this time the Senators retired from the Senate chamber for the drawing to be held in selecting their seats except those Senators previously authorized to select their seats in advance.

As the names of the Senators were called by the secretary, the members re-entered the Senate chamber and selected their seats.

A sealed message was received from His Excellency, Governor Herman E. Talmadge through his executive secretary, Hon. Benton Odom.

The following resolution was read and adopted:
SR 6. By Senator Millican of the 52nd: A resolution by the Senate that the president of the Senate be authorized to appoint one administrative assistant to be paid in an amount not to exceed $15.00 per day.

THURSDAY, JANUARY 16, 1947

39

The following resolution was read:

SR 7. By Senator Millican of the 52nd:

A RESOLUTION
BE IT RESOLVED by the Senate that the Rules of the Senate for the sessions of 1945 and 1946 are hereby adopted for the sessions during the years 1947 and 1948 except as provided in changes attached hereto which covers report of committee appointed by Lieutenant Governor-elect M. E. Thompson and pl"eviously mailed to each member of the Senate and as provided by amendment to Rule 1a passed by the Senate January 13, 1947.
The committee appointed by the Lieutenant Governor-elect to consider the rules of the Senate has made and submits the following report for the consideration of the members-elect of the Senate and recommends the adoption of the suggested changes. Please refer to the Legislative Manual 1945-1946. The report will follow the present rules number by number.

Rule I. No change.

THE PRESIDENT

Rule 2. In all cases the President shall not vote unless the Senate shall be equally divided. In all cases where a fixed constitutional vote is required to pass the bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the President may vote.

Rules 3 through 14. No change.

ON DECORUM AND DEBATE
Rule 15. Change third sentence to read as follows: "During all sessions all individual speeches on bilis and resolutions shall be limited to thirty minutes unless extended by a majority of a quorum; and on all points of personal privilege shall be limited to ten minutes."
Rules 16 through 23. No change.
Rule 24. Eliminate entirely.
(The numbers from this point on will have to be changed, which will be a clerical task, but this report will continue with the numbers as given in the present Manual and Rules.)
Rules 25 through 32. No change, except Rules 27 and 29-change "Ayes" to "Yeas."
DIVISION OF A QUESTION
Rules 33 and 34. No change.

BILLS AND RESOLUTIONS Rules 35 through 45. No change except Rule 43-A-change "extra sessions" to "all sessions."
PRECEDENCE OF MOTIONS Rule 46. No change.

40

JOURNAL OF THE SENATE,

MOTION TO ADJOURN Rules 47 through 52. No change, except Rule 52-change "ayes" to "yeas."

MOTIONS TO LAY ON THE TABLE Rules 53 through 58. No change.

THE MOTION FOR THE PREVIOUS QUESTION Rules 59 through 67. No change.

MOTIONS TO INDEFINITELY POSTPONE Rules 68 through 71. No change.

MOTION TO POSTPONE TO A DAY CERTAIN Rules 72 and 73. No change.

MOTION TO COMMIT Rules 74 through 78. No change.

MOTION TO AMEND Rules 79 through 91. No change.

RECONSIDERATION Rules 92 through 97. No change.

ABSENTEES Rules 98 and 99. No change.
COMPELUNG ATTENDANCE Rule 100. No change.

CALL OF THE SENATE Rule 101. No change.

MISCELLANEOUS RULES Rule 102 through Rule 110. No change.
Rule 111. Change "Committee on Privileges of the Floor" to "Committee on Rules."
Rules 112 through 134. No change, except Rules 132-133-change "Enrolling Committee" to "Engrossing and Enrolling Committee."

COMMITTEES Rule 135. The president shall appoint the following standing committees:
Committee on Agriculture. Committee on Amendments to Constitution.

THURSDAY, JANUARY 16, 1947

41

Committee on Appropriations. Committee on Auditing. Committee on Aviation. Committee on Banks and Banking. Committee on Congressional and Legislative Reapportionment. Committee on Conservation. Committee on Counties and County Matters. Committee on Education and Public Schools. Committee on Engrossing and Enrolling. Committee on Finance. Committee on Game and Fish. Committee on General Judiciary. Committee on Halls and Rooms. Committee on Highways and Public Roads. Committee on Public Health. Committee on Industrial Relations. Committee on Insurance. Committee on Interstate Co-operative Council of State Government. Committee on Journals. Committee on Military Affairs and Veterans Affairs. Committee on Mines and Mining. Committee on Motor Vehicles. Committee on Municipal Government. Committee on Penal Institutions. Committee on Pensions. Committee on Public Utilities. Committee on Public Welfare. Committee on Rules. Committee on Special Judiciary. Committee on State of the Republic. Committee on Temperance. Committee on Uniform Laws. , Committee on University System of Georgia. Committee on Western and Atlantic Railroad.
The chairman and vice chairman of the Committee on Approp~ations shall be exofficio members of the Committee on Finance, and the chairman and vice chairman of the Committee on Finance shall be ex-officiD members of the Committee on Appropriations. That the president of the Senate shall be an ex-officio member of all standing committees of the Senate, but shall have no vote as an ex-officio member except on the Committee on Rules of which he is chairman.

ORDER OF BUSINESS Rules 133 through 141. No change.

CONSTITUTIONAL RULES
(The only changes suggested here are to comply with the new Constitution, and to give the correct references and correct punctuation.)

42

JOURNAL OF THE SENATE,

New Rule: The Lieutenant Governor shall be President of the Senate. (Art. 5, Sec. 1, Par. 7.)
Rules 142 through 147. No change, except Rules 143 and 147. Rule 143change reference to "Art. 3, Sec. 4, P~. 5"; Rule 147--change reference to "Art. 3, Sec. 7, Par. 19".
Rule 148. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
(Art. 3, Sec. 7, Par. 7.)
Rule 149. No change.
Rule 150. Strike out words "or ordnance."
Rule 151. Change reference to "Art. 3, Sec. 7, Par. 16".
Rule 152. Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law, affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent.
Rule 153. The General Assembly shall have no power to grant corporate po~ers and privileges to private companies, to make or change etection precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted.
(Art. 3, Sec. 7, Par. 17.)
Rule 154. No change in rule, but insert reference "Art. 3, Sec. 7, Par. 18".
Rule 155. No change.
Rule 156. Change reference to "Art. 3, Sec. 7, Par. 22".
Rule 157. No change.
Rule 158. All acts shall be signed by the President of the Senate and the
Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
(Art. 3, Sec. 7, Par. 13.)
Rule 159. No change, but insert reference "Art. 3, Sec. 4, Par. 3".
Rule 160. No change.
Rule 161. No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the

THURSDAY, JANUARY I6, I947

43

signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly.
(Art. 3, Sec. 7, Par. 21.)
Rule I62. Change reference to "Art. 5, Sec. I, Par. I5".
Rule I63. Every vote, resolution, or order, to which the concurrence of both houses may he necessary, except on a question of election or adjournment, shall he presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall he repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall he construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution.
(Art. 5, Sec. I, Par. I6.)
Rule I64. No county site shall he changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly.
(Art. II, Sec. I, Par. 9.)
Rule I65. Any amendment or amendments to this Constitution may he proposed in the Senate or House of Representatives and if the same shall he agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall he entered on their journals, with the yeas and nays taken thereon. The General Assembly shall cause such amendment or amendments to he published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen; and if such proposed amendment directly affects only one or more political subdivisions of the State, then it shall also he advertised in the area to he directly affected thereby; and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become a part of this Constitution; provided that if the proposed amendment is not one that directly affects the whole State, hut only one or more subdivisions thereof, said amendment shall not become a part of this Constitution unless it receive both a majority of the electors qualified to vote voting thereon in the State as a whole, and also a majority of the electors qualified to vote voting thereon in the particular subdivision or subdivisions affected. When more than one amendment is submitted at the same time, they shall he so submitted as to enable the electors to vote on each amendment separately.
(Art. I3, Sec. I, Par. 1.)
Rule 166. No convention of the people shall he called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of twothirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.
(Art. I3, Sec. I, Par. 2.)
Rule 167. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000 per annum; the judges of the Court of Appeals each

44

JOURNAL OF THE SENATE,

shall have out of the treasury of the State salaries of $8,000 per annum, the judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000 per annum, and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Provided further, that the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of two thousand ($2,000) dollars per annum, which shall he in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the county treasury as above provided.
The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but, in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected.
(Art. 6, Sec. 13, Pars. 1 and 2.)
Rule 168. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the Gen eral Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected. unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county gov erning authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by a majority vote of the qualified voters of the political subdivision affected.
(Art. 3, Sec. 7, Par. 15.)

RULES FOR THE GOVERNMENT OF THE SENATE IN
EXECUTIVE SESSION No change.

THURSDAY, JANUARY 16, 1947

45

RULES FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY
WHEN ASSEMBLED IN JOINT SESSION No change.

Senator Millican of the 52nd offered the following amendment: Resolved that the rules of the Senate be amended by adding after the names of committees as they appear~the following: That the president of the Senate be an ex-officio member of all standing committees of the Senate but shall have no vote as an ex-officio member except on the committee on Rules of which he is chairman.
Senator Grayson of the 1st asked unanimous consent that the amendment be adopted.
The consent was granted, and the amendment was adopted.
The resolution was adopted as amended.
Senator Grayson of the 1st moved that the Senate do now go into executive session to receive a communication from His Excellency, Governor Herman E. Talmadge.
The motion was granted and the Senate went into executive session at 11 o'clock A. M.
The following communication was dispatched to His Excellency, The Governor, Herman E. Talmadge, through Mrs. Henry W. Nevin, secretary of the Senate:

Hon. Herman E. Talmadge, Governor, State Capitol, Atlanta, Georgia.

January 16, 1947

Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you for confirmation of the following nominations:
Hon. Charles D. Redwine, Commissioner of Revenue for the State of Georgia for the term of four years, beginning January 15, 1947. The vote on this confirmation was ayes 34. 17 Senators voted present.
Hon. S. Marvin Griffin, to be Adjutant General of the State of Georgia for a term of four years, beginning January 15, 1947. The vote on this confirmation was ayes 33. 18 Senators voted present.
Hon. Jim L. Gillis, to be Director of the State Highway Department of the State of Georgia, to serve as provided by law. The vote on this confirmation was 34 ayes. 17 Senators voted present.
Respectfully yours,
Mrs. Henry W. Nevin, Secretary of Senate.
The Senate resumed the regular order of business at 11 :55 A. M.

46

JOURNAL OF THE SENATE,

Senator Sumner of the lOth asked unanimous consent that when the Senate adjourn today, it stand adjourned until 11 o'clock Monday morning, January 20, 1947.
The consent was granted.

The following resolution was read:

SR 8.

By Senator Kennon of the 53rd: A resolution of the Senate, the House concurring, that the General Assembly ad journ on Thursday, January 23, 1947, until Monday, March 31, 1947, at 10 o'clock A. M.

Senator Kennon of the 53rd moved that the Senate postpone action on the resolution until Monday, and the motion prevailed.

Senator Logan of the 33rd moved that the Senate do now adjourn.

The motion prevailed.

The president pro tempore announced the Senate adjourned until 11 o'clock Monday morning.

MONDAY, JANUARY 20, 1947

47

Senate Chamber, Atlanta, Georgia. Monday, January 20, 1947.

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

Scripture reading and prayer was offered by the chaplain.
Hon. M. E. Thompson presented himself at the president's desk and Hon. J. M. C. Townsend, judge of the Superior Court of the Cherokee Circuit, administered the following oaths:
I, M. E. Thompson, do solemnly swear that I will faithfully execute the office of Lieu tenant Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.
I furiher solemnly swear that I am not the holder of any public money due this State, unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor any one of the several States, nor of any foreign State, and that I am otherwise qualified to hold said office according to the Constitution and laws of Geor. gia, and will support the Constitution of the United States and of this State.

This 20th day of January, 1947, at 11 o'clock A. M.

M. E. Thompson

The foregoing oath was administered by me to M. E. Thompson, at Atlanta in Fulton County, Georgia, on this the 20th day of January, 1947, at 11 o'clock A. M.

J. M. Townsend
Judge of the Superior Courts of the Cherokee Circuit of Georgia

I, M. E. Thompson, do solemnly swear that I will faithfully exercise the executive power of the State of Georgia and execute the same, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.
I further solemnly swear that I am not the holder of any public money due this State, unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor any one of the several States, nor of any foreign State, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and will support the Constitution of the United States and of this State.

M. E. Thompson

The foregoing oath was administered by me to M. E. Thompson, at Atlanta in Fulton County, Georgia, on this the 20th day of January, 1947, at 11 o'clock A. M.

J. M. Townsend
Judge of the Superior Courts of the Cherokee Circuit of Georgia

48

JOURNAL OF THE SENATE,

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dean Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Mitchell Odom

Overstreet Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

By unanimous consent the journal yesterday's proceedings was read and confirmed.

The president pro tempore asked unanimous consent that a communication from former Governor Ellis Arnall be read and the following communication was read:

State of Georgia Office of the Governor
Atlanta Ellis Arnall, Governor Grace Cannington. Secretary

January 18', 1947
Hon. Wm. Dean, President Georgia State Senate State Capitol Atlanta, Georgia
Dear Mr. President and Members of the State Senate: On January 11, 1947, I resigned as Governor of Georgia effective immediately after
the qualification of the Lieutenant Governor so that he would become invested with the executive powers of government as provided by the Constitution of Georgia.
Since the General Assembly was not then in session. my contingent resignation was directed to the Secretary of State.

MONDAY, JANUARY 20, 1947

49

On January 18th, at about 10 :50 A. M., the Honorable M. E. Thompson, Lieutenant Governor-elect, took the oath of office as Lieutenant Governor and qualified for said office.

There is some legal argument as to whether my resignation should he addressed to the General Assembly now that it is in session hut is in adjournment until Monday, January 20th.

Although I consider that immediately after the Lieutenant Governor became qualified on this date, my resignation as Governor became effective; nevertheless, in order to com plete the record, I hereby resign the office of Governor effective immediately.



Respectfully submitted,

Ellis Arnall, Governor

Senator Grayson of the 1st asked unanimous consent that the communication he entered upon the journals as information and as a matter of public record.

The consent was granted.

Senator Trippe of the 38th moved that the Senate adjourn until 11 o'clock tomorrow morning. On the motion to adjourn the ayes were 20, nays 21, and the motion was lost.

Senator Grayson of the 1st asked unanimous consent that Rule Ill he read and enforced. The consent was granted and the secretary read Rule Ill.

Senator Weaver of the 51st asked unanimous consent that Senator Millican he excused on this date, and the consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the ~ouse, to wit:
HR 15. By Mr. Elliott of Muscogee:
A resolution by the House of Representatives, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representa tives at 12:00 o'clock noon on Tuesday, January 21st, for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge.
That a committee of five, two to he named by the presiding officer of the Senate and three by the presiding officer of the House, to he appointed to escort His Excellency to the hall of the House of Representatives.
The speaker has appointed on the part of the House the following: Messrs. Byrd of Taylor, Bennett of Barrow, and Mann of Rockdale.

50

JOURNAL OF THE SENATE,

The following resolution was read:

A RESOLUTION. By Senators Weaver of the 51st and Grayson of the 1st:

Be it resolved by the Senate that the following be established as the order of business for today:

(1) Administering the oath of office to M. E. Thompson as Lieutenant Governor.

(2) Such other business as may come before the Senate.

(3) Adjournment.



The president pro tempore ruled Section 1 of the resolution out of order.

Senator Grayson of the 1st asked unanimous consent that the resolution be adopted.

The consent was granted and sections 2 and 3 of the resolution were adopted.

Senator Kennon of the 53rd asked unanimous consent that action on the following resolution be postponed until tomorrow:

SR 8. By Senator Kennon of the 53rd: A resolution of the Senate, the House concurring, that the General Assembly adjourn on Thursday, January 23, 1947, until Monday, March 3, 1947, at 10 o'clock A. M.
The consent was granted.

The following resolution of the House was read:
HR 15. By Mr. Elliott of Muscogee:
A resolution that the House of Representatives, the Senate concurring, the General Assembly convene in joint session in the hall of the House of Representatives at 12:00 o'clock noon on Tuesday, January 21st, for the purpose of hearing a mes sage from His Excellency, Governor Herman E. Talmadge.
That a committee of five, two to be named by the presiding officer of the Senate and three to be named by the presiding officer of the House, be appointed to escort His Excellency to the hall of the House of Representatives.
Senator Grayson of the 1st asked unanimous consent that the resolution be adopted. There was objection.
Senator Weaver of the 51st moved the previous question and the motion prevailed.
Senator Grayson of the 1st moved the ayes and nays on the adoption of House Resolu. tion 15 and the motion prevailed.

MONDAY, JANUARY 20, 1947

51

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Branch Brown Burks Bush Butler Coker

Darby Dorsey Ferguson Grayson Hodges Hooks Howard Killingsworth Miller Mitchell

Those voting in the negative were Senators:

Arnold Carswell Daniell Griffith Gwyn Hogg Huckeba

Kennon Kiker Knox Mason Overstreet Parker Sams

Odom Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman
Seay Sumner Trippe Williams Woodall Yates

Not voting were Senators Callaway, Logan, Millican, and Pannell. The roll call was verified. On the adoption of the resolution, the ayes were 29, nays 20. The resolution was adopted. The president pro tempore appointed on the part of the Senate as a committee of escort:
Senator Hooks of the 16th and Senator Hodges of the 27th. Senator Grayson of the lst moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed. The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

52

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 21, 1947.

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

Scripture reading and prayer was offered by the chaplain.

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

Adams Arnold Baker Blitch Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg
Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet

Pannell Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Grayson of the 1st asked unanimous consent that the report of the Committee on Journals, reading of the journal and confirmation of the journal of January 20th, 1947, be dispensed with until January 22nd, 1947, at 10 o'clock.

The consent was granted.

The president pro tempore asked unanimous consent that the secretary be allowed to correct any typographical errors on the committee lists, and the consent was granted.

The president pro tempore asked unanimous consent to make any necessary changes in the personnel of the committees before the lists of committees are sent to the printer, and the consent was granted.

The president pro tempore announced the following standing committees of the Senate for the session of 1947-1948:

Overstreet, Chairman Huckeba, Vice-Chairman Daniell, Secretary
Arnold Blitch Branch Burk Bush Buder Carswell

AGRICULTURE

Coker Dorsey Ferguson Hooks Howard Odom Richardson Smiley Tippins Walker

TUESDAY, JANUARY 21, 1947

53

AMENDMENTS TO THE CONSTITUTION

Pannell, Chairman

Seay, Vice-Chairman

Logan, Secretary

Arnold

Brown

Grayson



Hodges

Hooks Knox Miller Millican Parker Tippins Yates

Callaway, Chairman Odom, Vice-Chairman Bush, Secretary
Blitch Boone Branch Burks Butler Dean Gwyn Hodges

APPROPRIATIONS
Hooks Killingsworth Kiker Mason Pannell Richaroson Sumner Walker Weaver Wideman

Williams, Chairman Branch, Vice-Chairman Wideman, Secretary
Bush Dorsey

AUDITING

Grayson Mitchell Odom Wells

Arnold, Chairman Mason, Vice-Chairman Yates, Secretary
Bush Butler

AVIATION

Callaway Coker Hodges Tarbutton

Trippe, Chairman Adams, Vice-Chairman Darby, Secretary
Butler Gwyn Killingsworth Mason

BANKS AND BANKING
Overstreet Smiley Tarbutton Tippins Weaver Woodall

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JOURNAL OF THE SENATE,

CONSERVATION

Ferguson, Chairman Mitchell, Vice-Chairman Smiley, Secretary
Blitch Bush Coker Dorsey Hooks Howard

Kennon Kiker Parker Sams Tarbutton Walker" Wells Wideman

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT

Kennon, Chairman Hodges, Vice-Chairman Burks, Secretary
Adams

Boone Darby Gwyn Parker

COUNTIES AND COUNTY MATTERS

Hogg, Chairman Butler, Vice-Chairman Wells, Secretary
Carswell Daniell Gwyn Hooks Huckeba Kennon Killingsworth

Mason Millican Pannell Richardson Sams Smiley Trippe Williams Wideman

EDUCATION AND PUBLIC SCHOOLS

Woodall, Chairman Williams, Vice-Chairman Blitch, Secretary
Arnold Carswell Coker Daniell Dorsey Ferguson Hodges Hooks Huckeba

Kiker Knox Millican Mitchell Odom Overstreet Sams Smiley Weaver Wells Wideman

TUESDAY, JANUARY 21, 1947

55

ENGROSSING AND ENROlliNG

Wideman, Chairman Sams, Vice-Chairman Brown, Secretary
Arnold Dorsey

Grayson Pannell Richardson Williams

Millican, Chairman Sumner, Vice-Chairman Odom, Secretary
Arnold Baker Branch Carswell Daniell Dean Ferguson Grayson Griffith

FINANCE

Hogg Huckeba Kennon Knox Logan Parker Sams Seay Trippe Williams Woodall Yates

Howard, Chairman Wells, Vice-Chairman Kiker, Secretary
Branch Brown Ferguson Logan Miller

GAME AND FISH
Mitchell Odom Richardson Smiley Tarbutton Walker Wideman

GENERAL JUDICIARY

Boone, Chairman Grayson, Vice-Chairman Seay, Secretary
Burks Bush Callaway

Hodges Howard Killingsworth Pannell Tippins Weaver

HALLS AND ROOMS

Huckeba, Chairman Overstreet, Vice-Chairman Hogg, Secretary
Burks Bush

Butler Howard Wells Williams

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JOURNAL OF THE SENATE,

HIGHWAYS AND PUBUC ROADS

Tarbutton, Chairman Trippe, Vice-Chairman Killingsworth, Secretary
Adams Boone Branch Brown Darby Griffith Hodges Hogg Hooks Huckeba

Kennon Kiker Knox Logan Miller Millican Mitchell Parker Seay Sumner Wells Yates

INDUSTRIAL RELATIONS

Daniell, Chairman Mitchell, Vice-Chairman Baker, Secretary
Brown Callaway Carswell Coker Dean

Grayson Hogg Mason Miller Overstreet Trippe Weaver Woodall

Miller, Chairman Knox, Vice-Chairman Dean, Secretary
Adams Bush Darby Gwyn Hooks

INSURANCE

Mason Pannell Tarbutton Tippins Walker Weaver Wells

INTERSTATE COOPERATIVE COUNCIL OF STATE GOVERNMENT

Dean, Chairman Arnold, Vice-Chairman Pannell, Secretary

Callaway Baker

Knox, Chairman Callaway, Vice-Chairman Ferguson, Secretary
Griffith

JOURNALS

Seay Wideman Williams Daniell

TUESDAY, JANUARY 21, 1947

MIIJTARY AND VETERAN AFFAIRS

Sams, Chairman Boone, Vice-Chairman Butler, Secretary

Callaway Dorsey Huckeba

Arnold Branch Burks

Knox Parker Wideman

Kiker, Chairman Dorsey, Vice-Chairman Tarbutton, Secretary

MINES AND MINING
Boone Coker Yates

Smiley, Chairman Burks, Vice-Chairman Richardson, Secretary
Baker Brown Butler Callaway

MOTOR VEHICLES
Daniell Dorsey Gwyn Knox Overstreet Trippe

MUNICIPAL GOVERNMENT

Darby, Chairman

Kiker

Killingsworth, Vice-Chairman Griffith, Secretary
Baker Branch Hogg Huckeba

Mason Miller Millican Seay Williams

Baker, Chairman Walker, Vice-Chairman Dorsey, Secretary
Arnold Burks Daniell Darby Dean

PENAL INSTITUTIONS
Hooks Logan Mitchell Pannell Richardson Smiley Sumner Wideman

Parker, Chairman Pannell, Vice-Chairman Hooks, Secretary
Adams Branch

PENSIONS

Mitchell Tarbutton Walker Wideman

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JOURNAL OF THE SENATE,

Sumner, "Chairman Griffith, Vice-Chairman Coker, Secretary
Baker Blitch Brown Burks

PUBUC HEALTH Carswell Darby Howard Kennon Odom Seay Wideman

PUBLIC UTIUTIES

Mason, Chairman

Logan

Richardson, Vice-Chairman

Parker

Miller, Secretary

Tarbutton

Arnold

Trippe

Daniell

Williams

Killingsworth

Hooks, Chairman Blitch, Vice-Chairman Woodall, Secretary
Adams Boone Burks Coker Dorsey Griffith

PUBLIC WELFARE Hodges Howard Kennon Miller Millican Mitchell Odom Sumner Tippins

Mr. President, Chairman Millican, Vice-Chairman Parker, Secretary
Arnold Baker Branch Carswell Dean Daniell Ferguson Griffith Hogg

RULES

Kennon Kiker Logan Overstreet Sams Seay Sumner Trippe Williams Woodall Yates

TUESDAY, JANUARY 21, 1947

59

Logan, Chairman Brown, Vice-Chairman Knox, Secretary
Daniell Dean Ferguson Griffith Hogg Kiker Mason

SPECIAL JUDICIARY
Millican Overstreet Sams Seay Sumner Trippe Williams Woodall Yates

STATE OF THE REPUBUC

Weaver, Chairman Howard, Vice-Chairman Tippins, Secretary
Adams Blitch Boone Callaway

Dorsey Grayson Millican Odom Pannell Walker Wideman

Bush, Chairman Walker, Vice-Chairman Adams, Secretary
Boone Coker Darby

TEMPERANCE

Howard Killingsworth Miller Richardson Weaver

Gwyn, Chairman Weaver, Vice-Chairman Kennon, Secretary
Adams Brown

UNIFORM LAWS
Grayson Killingsworth Smiley Tippins

UNIVERSITY SYSTEM OF GEORGIA

Carswell, Chairman Coker, Vice-Chairman Hodges, Secretary
Blitch Bush Ferguson Grayson Griffith Gwyn Hogg

Huckeba Knox Odom Overstreet Sams Sumner Wideman Woodall Yates

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WESTERN AND ATLANTIC RAILROAD

Yates, Chairman Gwyn, Vice-Chairman Branch, Secretary
Baker Dean

Logan Tarbutton Wells Williams Wideman

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

The House has adopted the following resolution of the House, to wit:

HR 16. By Messrs. Hand of Mitchell and Smith of Emanuel: A resolution calling to the attention of the people of Georgia the 1947 March of Dimes Campaign; and for other purposes.

The following resolution of the House was read:
HR 16. By Messrs. Hand of Mitchell and Smith of Emanuel:
A resolution calling to the attention of the people of Georgia the 1947 March of Dimes Campaign; and for other purposes.
By unanimous consent the resolution was adopted.

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

SB 1.

By Senator Weaver of the 51st:
A bill to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company, as evidenced by deed dated March 12, 1946, to confirm the title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company, and for other purposes.

Referred to the Committee on Municipal Government.

SB 2.

By Senator Weaver of the 51st:
A bill to provide that no person shall be elected Ordinary of a County having therein a city with a population of 50,000 or more unless such person shall have attained the age of thirty years, and shall have practiced law for three years next preceding his election, and for other purposes.

Referred to the Committee on Counties and County Matters.

SB 3. By Senator Weaver of the 51st:
A bill to amend Section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 21, 1947

61

SB 4. By Senator Weaver of the 51st:
A hill to provide for the relinquishment by the State of the areas leading from the original corporate boundaries of the City of Macon to the ten-acre lots of the Macon Reserve West of the Ocmulgee River and lying between the four-acre lots of said Macon Reserve, to state the purposes of this Act; and for other purposes.
Referred to the Committee on State of Republic.

SB 5. By Senator Woodall of the 25th:
A hill to amend an act approved March 20, 1943, Ga. Laws 1943, pp. 672-676, entitled an Act to equalize educational opportunities throughout the State in certain phases of vocational education, said act being set forth in Sees. 32-2206 through 32-2223 of the 1945 Cumulative Poe. Pt. to the Annotated Code of 1933, by striking and repealing in their entirety all of Sees. 4 and 7 of said Act; by striking from Sec. 6 of said act, in their entirety sub-paragraphs numbered (1) and (2) and by inserting in lieu, etc.; and for other purposes.
Referred to the Committee on Education.

SB 6. By Senator Sams of the 26th:
A hill to amend an act approved March j!O, 1943, amending an act approved March
15, 1935, and particularly Section 2 of the act first referred to, by changing the required degree of disability from twenty-five percentum, to ten percentum; by amending Section 3 of said act to provide that eligible veterans may not he limited as to the number of businesses exempted; by extending the provisions of said act to Veterans who engage in any profession, or semi-profession; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Veterans Affairs.

SB 7. By Senator Sams of the 26th:
A hill to amend an act approved March 9, 1937, creating a department of public safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department, providing for the issuance of driver's licenses, prescribing penalties for violation, and for other purposes, by adding a sub-section to section 1 of article IV of said act exempting honorably discharged veterans of the armed forces of the United States from the payment of drivers' license fees and tax; to provide for the issuance of honorary drivers' license to honorary dis charged veterans, to prescribe procedures for the suspension or revocation of such licenses; and for other purposes.
Referred to the Committee on Veterans Affairs.

SB 8. By Senator Sams of the 26th:
A bill to prescribe the duties, powers and jurisdiction of the state department of veterans service; to fix the compensation of the members of the veterans service board; to provide for the selection, fix the compensation and prescribe the duties and powers of the director thereof; to repeal an act approved March 8, 1945, estah lishing a department of veterans service; to declare the legislative policy with respect to veterans; and for other purposes.
Referred to the Committee on Veterans Affairs.

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JOURNAL OF THE SENATE,

SB 9. By Senator Sams of the 26th:
A bill to establish a veterans education council; to provide for the selection of the members, fix their terms of office and provide for their compensation; to provide, define the duties and fix the compensation of a director of veterans education and other employees of the council; to transfer certain powers and duties heretofore exercised by the department of veterans service; to provide for cooperation with other agencies; to define the relationship thereto of local school authorities; to declare the legislative policy with respect to education of veterans; and for other purposes.
Referred to the Committee on Veterans Affairs.

SR 9. By Senator Sams of the 26th:
A resolution proposing to the qualified voters of the State of Georgia an amend ment to paragraph 1 of section ll of article VII of the Constitution of Georgia by adding to said paragraph 1 a new subsection to be designated subsection 10, to provide that the power of taxation over the whole State may be exercised by the General Assembly for the purpose. of paying appropriations made by it to guarantee payment of the bonds, and the interest thereon, authorized to be issued by Servicemens Resettlement Corporation.
Referred to Jhe Committee on Amendments to the Constitution.
Senator Millican of the 52nd asked unanimous consent that when the Senate adjourn after the joint session, it stand adjourned until tomorrow morning at ll o'clock.
Senator Darby of the 15th objected.
Senator Grayson of the lst moved that when the Senate adjourn after the joint session, it stand adjourned until tomorrow morning at 10 o'clock, and the motion prevailed.
The president pro tempore announced that at the conclusion of the joint session today, the Senate would stand adjourned until tomorrow morning at 10 o'clock.
Under HR 15 the hour of convening the joint session of the Senate and the House having arrived, the president pro tempore, accompanied by the secretary and Senators, pro ceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing an address by His Excellency, Governor, Hon. Herman E. Talmadge, was called to order by Hon. Fred Hand, speaker of the House of Representatives.
Speaker Hand asked the secretary to read Article Ill, Paragraph IT, Section V, of the
Constitution of Georgia, and the following paragraph was read:

"Paragraph II. President. The presiding officer of the Senate shall be styled the president of the Senate. A president pro tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the president, or in the event of his succession to the executive power."
The speaker announced that under the Constitution of Georgia, the speaker of the House of Representatives would preside in this joint session.
The president pro tempore of the Senate did not raise objection.

TUESDAY, JANUARY 21, 1947

63

HR 15 authorizing the joint session of the House and Senate was read by the secretary.
The doorkeeper announced His Excellency the Governor, his executive secretary and his committee of escort at the door and awaited the. pleasure of the General Assembly.
The speaker directed the doorkeeper to admit the distinguished guests and they were admitted.
The speaker introduced the Governor who addressed the General Assembly as follows:
Ladies and Gentlemen of the General Assembly:
At the out-set, let me express to you my deep appreciation for the confidence which you have expressed in me and for the honor which yt>u have conferred on me by electing me Governor of the State of Georgia.
Some of the newspaper writers and some of the radio commentators have been saying that I have made myself Governor of Georgia by the use of force and violence and that I have executed a military coup d' etat in Georgia.
I leave it to the Legislature to he the judges as to whether or not I have used any force or violence or whether or not there has been a military coup d' etat in Georgia. You were present and you know what happened. You elected me and your committee installed 'me in the Executive Offices.
I wish to brand all of these charges and all of these statements as absolutely false. I charge that these rumors and these reports are malicious and have been circulated by designing people in an effort to produce resentment against the Legislature and against me as your Governor.
And those in the midst of this plot care nothing for the truth and the good name of Georgia. They are willing to destroy the reputation of the Georgia people and Georgia's good name in order to further their own ends. One of these perpetrators has now passed from the scene of action and the others, one by one, will follow in his footsteps.
I The opposition is calling upon the people of Georgia to stage an uprising. They are advocating anarchy. They hope to create such a state of confusion in Georgia that it will be impossible for the Legislature to perform its duties. In their effort they will fail, because the majority of the White People of Georgia are behind us in this fight. If they persist in their effort, I shall call for this majority of the White People of Georgia to come to Atlanta and show them a real demonstration.
Now, that has been said. Let's get down to business. Let's attend to the State's business and do our duty.
It is an ancient practice in Georgia, and in all democracies, for the Chief Executive to counsel with the sovereign law-making body. I appear before you this morning in the furtherance of that practice, and I will discuss with you briefly the objectives to which all of us are committed by mandate of the people of Georgia expressed at the ballot box last summer.
A chain of grievous circumstances removed from the scene the party leader. It became necessary, for the first time in more than a century for you to elect a Governor, and I want to say to you that I am eternally grateful to you for the trust and confidence which you have imposed in me. I will dedicate all that I am to the justification of that confidence.
When you inaugurated me and, by a joint committee of the House and Senate, inducted me into office I felt it my duty to take complete charge of the executive offices in order that the orderly processes of democratic government might not he impeded by those who would challenge your authority. I have acted kindly, but firmly.

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SCHOOLS
I am sure that each member of the General Assembly will recognize, as I do, that the people of Georgia are impatient at the status of our schools. The complaint does not go to the curricula, nor to the executive management, but to the inadequacy of financing. No school system can be an adequate one without competent teachers,-teachers who rely with confidence upon their careers for a livelihood. To place our teachers upon a parity with other people employed by the State who have comparable responsibilities is a pressing necessity, and a necessity which nominees of the Democratic party undertook to meet. A fifty per cent increase in salary has been pledged. The method by which this can be accomplished is inseparably linked with the budgetary and financial policies, and I shall, in a separate message, deal with that specifically at a later date.

PUBLIC ASSISTANCE
It has been the public policy of this State, and I think a splendid one, to provide assistance for people who are physically handicapped; for those who, on account of age and infirmity, are no longer able to earn a livelihood; and to crippled children. This assistance has not been limited to grant of monies, but extends to the establishment of training schools at which they might be taught trades and avocations to make them self sustaining. By vocational guidance and by instruction in these schools many unemployables can be reclaimed to contribute to the State's economy, 'rather than remain a drain upon it.' With the cooperation of agencies of this State, it shall be my purpose to direct the State's assistance in such manner that the physically handicapped, and persons displaced in em ployment, shall make such contributions to their own support as might be possible. Of course there are persons whom such a program cannot reach. There are persons lingering in the late afternoon of life, and whose last days will be charged with fear unless a firm policy be established to assuage such fears. This program, too, is inseparably linked with the tax policy with which you must deal at the present session, and is one of the things which should have bearing upon your decisions.

ROADS
Our people have exercised a great degree of patience with respect to the construction and maintenance of secondary roads. A great number of our people live in areas not accessible to paved roads, yet they have contributed their full share of taxes for the construction of such. That degree of fairness with which you and I must deal with road construction and road maintenance will require that we spread the benefits of good roads throughout the entire State. I don't think any driver upon any road has more important business than the school bus driver with his cargo of bright boys and girls making his way to a schoolhouse. If there were such a thing as priority to roads, then the rural mail carrier would come pretty close to second. These are the road problems which have been neglected. The people are impatient at such neglect, and they gave you and me a clear mandate last summer. I earnestly urge that we comply with that mandate. I shall throw the full weight of the Executive Department into such compliance.

HEALTH
Too often people living in rural areas have lost the grim race with death because of the too-great distance to a hospital. It has been said that life is the most precious gift of God; good health is next. The contributions which we make, even though it does entail higher taxes, to the relief of suffering, to the prevention of maladies, to the improvement of the physical stamina of our people will be the greatest contributions. We are committed to the establishment of medical centers in rural areas which desire to match state funds. These areas are sometimes grouped around a principal town; sometimes they involve a number of counties. Whatever local subdivision might sponsor health centers and hospitals

TUESDAY, JANUARY 21, 1947

65

ought to have the aid of this State. Medical education cannot he derived solely from hooks and publications. We urge doctors to take up their practice in these areas. We cannot with any degree of good faith ask them to do that unless we are willing to provide facilities which they may employ in their practice. The Party Convention at Macon committed you and me 'to set up at least one million dollars per annum to he used for the establishment of hospitals and medical centers. I earnestly ask your cooperation in this.

VETERANS
The problem of returning to civilian life has confronted nearly 400,000 young men and women. The Federal Government recognized its responsibility to aid in their rehahili tation, and has provided adequate funds with which to implement federal statutes. It is the function of the states to provide certain agencies to implement the benefits accruing to veterans under Federal legislation.
In the last few months I have, I think, thoroughly informed myself with respect to the views of Georgia veterans. They have not asked for any extravagant legislative program at all. In fact, veterans do not want anything like the extravagant legislative programs that non-veterans have urged. I have been advised that the failure o! state agencies to function properly and efficiently has entailed the loss of many millions of dollars to our veteran groups, all of which is a corresponding loss to the State's economy. I am informed that under the G. I. Bill rural communities may have, at the expense of the Federal Government, vocational agricultural training; that classes may be organized and located in such manner that veterans may take this training without leaving home. If we can organize sufficient classes in this State to carry this training to all of the rural communi ties, it will go far to solve the problem of soil erosion control; the preservation of forest reserves; and adequate housing in rural areas. It will solve many of the ills which have made individual farming enterprises unattractive. I shall do all within my power to imple ment every feature of the G. I. Bill, to the end that its benefits may be fully enjoyed by veterans of this State. In this I ask your full cooperation.

LABOR RELATIONS
Proponents of totalitarianism have claimed that their theory of government alone will stamp out unemployment. The theory is utterly false. Nevertheless one of the challenges to a democratic state is to maintain such an economy as will be free, yet just to both capital and labor. Out of the recent turmoil will come a proper relationship between all who contribute to the nation's economy. We in Georgia must aid that. There must he job opportunities for everyone, hut jobs which contribute to the State's economy. It is the duty of you and me to encourage the cooperation of labor and management, giving equal protection of the laws. Men who work must have the security of a home, the pleasure of decent living conditions, and such security as life in a democratic state affords. Oppor tunity to advance in job classifications, in salaries, and in wages must not he impaired and social reforms must he protected and maintained. Labor has every right to organize and bargain collectively. That right was granted capital when the first corporation in America was chartered. Labor has no less a right and it is the function of good government to protect each.
AGRICULTURE
I firmly believe that the vocational training in agriculture which is available to our veterans simply for the asking, and without expense to the State, will resuscitate abandoned farm communities; will make rural life teem with activity again; and will bring to agriculture that skill which has caused other avocations to he more attractive. The income of farms should he commensurate with that of other occupations. Without paved roads, electric power, and the convenience of modern life the plight of the farmers will not be what they are entitled to. I want to see the rural farm communities of our State grouped

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JOURNAL OF THE SENATE,

around adequate schools and community centers which will not only provide comfort and health but that culture to which our children are entitled. Farmers markets are necessary. They have improved the plight of our farmers immeasurably. They must be expanded to meet every need. One of the greatest sins against decent economy is to permit the crops, coaxed from Georgia soil by honest labor, to be wasted for want of a market place, or for want of roads to get them to such market places. We shall work together during the next four years to make every improvement possible in community life.

SOUTHERN TRADITIONS
Great statesmen of other days evolved and handed down to us what is known as the county unit system in the selection of our party nominees. I have found that in states which have a predominant political party, and which have no such system, are given to boss control. The endeavor of a candidate in such a state is not to appraise the needs of far-flung rural areas or small subdivisions of the state, but to amass a block vote in congested centers. Some of the most notorious political machines in the nation's history have flourished under such conditions. In Georgia, under the county unit plan, these machines break up on county lines.
Some of you come from small counties. If your two county unit votes were to be taken away and the mass block vote in our large cities were to be pitted against your small registration list, your needs for roads and schools and civic improvement would be lightly considered. By taking that unit vote from you they would take the only remaining influence you have. It is a theory not peculiar to Georgia but a theory which was accepted by the great men who met with Washington at Philadelphia and there drafted the United States Constitution. Of course I have dedicated myself to preserve the county unit system from attacks outside this State and inside. You have made the same pledge and you share the same responsibility.
THE WHITE PRIMARY
Ladies and Gentlemen, I have discussed the white primary last for emphasis. The forces which would destroy the white primary are largely centered outside of our State. Of course we love Southern tradition and Southern history, but these alone do not constitute our defense of the white primary. The necessity is much deeper, and is of far more consequence than mere tradition and history. The preservation of the white primary is no indication of any unfriendly attitude toward our colored population. Let me quote an excerpt from the forthcoming book of one of the nation's greatest educators: "It is inter esting to note that the Southern men who have been the most outspoken against the socalled rights of the negro when it comes to political rights have been the very men fore most in helping their fellow colored citizens. I refer especially to Senator Tillman and to Senator Long. When these men came into office they found the program of higher education in the hands of white people who were teaching in negro schools. They had these schools separated from the whites and put in the hands of negroes, following these separations with large appropriations of state funds. Today the college built by Senator Tillman is a fine and well-supported school. I have found that, concede to Southern men segregation and they will go along with our colored friends to the utmost limit."
Colored people should have the same protection under the law accorded white people. They should have good schools, the opportunity to work, the protection of the full benefit of our health laws, and the right to earn a living and educate their children. Negroes who are qualified to vote must be allowed to vote. This attitude is not at all inconsistent with our demand that the Democratic party in Georgia he allowed to make its own rules and, like every other society, be the judge of the qualification of its own members. We operated the Democratic Party for many years under its own rules. You will find on page 121 of the recent History of the Supreme Court, which was edited by the Georgia Bar Association, that we have had more cases in our courts involving claims to office and elections

TUESDAY, JANUARY 21, 1947

67

during the last ten years than we had the previous ninety. That simply means that when we operated the Party under its own rules elections were even more orderly, more satisfactory, and less productive of litigation than since the Neil Primary Act became law. We are committed, th!lrefore, not only by the Electorate of this State but by the platfo>rm o>f the Party Convention, to repeal the Neil Primary Law and to enact such penal statutes policing electio>ns and guaranteeing peace and good order as might be necessary. I am wholly committed to such legislation and I urge upon you its prompt passage.

CONCLUSION
No>w, Ladies and Gentlemen, you have borne with me very patiently. I have not attempted to include in this message to yo>u my suggestio>ns with resp.ect to> the State's tax po>licy, o>r financial policy. It is necessary to go> into> detail in regard to these. With yo>ur permission, I shall again appear before you and give you my recommendations. I expect it to provoke much discussion-! hope it will. I want any legislation touching taxation to reflect the composite views of the members of the House and Senate. I earnestly invite the suggestions of each of you, and, most of all, I urge that you study the suggestions which I shall make in that message. I shall direct that each of you be furnished a copy and I hope it may serve you in the final preparation of legislation touching these matters.
I have stated on three previo>us occasions prior to my election as Governor of Georgia and when I made my inaugural address that the office of Governor of Georgia belongs to the people of Georgia. I am anxious for the people of Georgia to have an opportunity to express their choice through a Democratic White Primary at the earliest possible moment.
It is my recommendation that the General Assembly remain in session and complete its duties for the following reasons:
First, we should enact laws to provide for a Democratic White Primary.
Second, the election laws should be changed to strengthen the qualifications of voters.
Third, we and the Democratic Party have pledged expanded state services for the people of Georgia. These expanded services cannot be provided without increased revenue. This revenue must be provided immediately in order to provide these increased salaries for school teachers, assistance' for the aged, blind and dependent children and for public roads and health.
There is one way and only one legal way that the people can determin~ this issue at the polls.
In the event of the death, disability or resignation of the Governor and the Lieutenant Governor, the Executive authority of this state is vested in the Speaker of the House of Representatives who must call a special election within sixty days to elect a Governor of Georgia:
I therefore propose as follows:
" That the Legislature complete its duties in accordance with th; Democratic Party
platform. After completion of this duty, if the Lieutenant-Governor will resign, your Gov ernor will resign. The Speaker of the House of Representatives will assume Executive autho>rity. I will meet any candidate for the governorship of Georgia in a Democratic White primary to let the white people of Georgia determine who is their choice fo>r Governor.
Respectfully submitted, Governor
Mr. Elliott moved that the joint session do now dissolve and the motion prevailed.
Under a previous motion by Senator Grayson of the 1st, the Senate stood adjourned until 10 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, January 22, 1947.

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:

Adams Arnold Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dean Dorsey Ferguson Grayson '

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th, chairman of the Committee on Journals, reported that the journal of January 20, 1947, had been read, examined and found correct.

Senator Millican of the 52nd moved that the journal he confirmed.

Senator Grayson of the lst asked unanimous consent that the journal of January 20, 1947, be read and the consent was granted.
At the conclusion of the reading of page 4, Senator Grayson of the 1st asked unanimous consent that further reading of the journal he dispensed with.
Senator Millican of the 52nd objected and the secretary continued to read the remainder of the journal.
Senator Grayson of the 1st moved that page 4 of the journal which contained the oath of office for Governor as taken by Honorable M. E. Thompson he expunged.
Senator Ferguson of the 13th moved the previous question and the main question was ordered.
Senator Grayson of the 1st moved the ayes and nays and the motion prevailed.

WEDNESDAY, JANUARY 22, 1947

69

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Branch Callaway Carswell Daniell Dean Ferguson Griffith

Gwyn Hogg Huckeba Kennon Kiker Knox Logan Mason Millican

Overstreet Parker Sams Seay Sumner Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Coker Darby

Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Senator Darby of the 15th asked unanimous consent that he be recorded as voting nay on the adoption of the report of the Committee on Journals.

The consent was granted.

The roll call was verified.

Senator Garyson of the 1st asked unanimous consent that Ru1e No. 2 be read.

The consent was granted and Ru1e No. 2 was read by the secretary.

Senator Grayson of the 1st asked unanimous consent that Article Ill, Section 5, Para graph 2 of the Constitution of Georgia be read.

The consent was granted and the secretary read Article III, Section 5, Paragraph 2 of the Constitution of Georgia.
The president pro tempore ru1ed that he had the authority to vote.

On the motion to confirm the journal of January 20, 1947, the ayes were 27, nays 27, and the journal was confirmed.

Senator Knox of the 29th 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.

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JOURNAL OF THE SENATE,

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. Report of standing committees.

4. Second reading of bills and resolutions reported favorable for passage.

The consent was granted.

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

SB 10. By Senator Daniell of the 49th:
A bill defining "Employee," "Employer," "Employment" and "Labor Organiza tion"; and requiring as a condition of employment that any employee become affiliated with any labor organization; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 11. By Senator Daniell of the 49th:
A bill making it unlaW'ful for any employee, employer or labor organization to use intimidation, violence or threats in connection with any employee quitting or continuing in employment; or for two or more persons assembling near any place where a labor dispute exists or obstructing the entrance or egress of any place of employment where a labor dispute exists, or compelling any person to join or refrain from joining any labor organization; or preventing any person from law fully engaging in any business activity; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 12. By Senator Millican of the 52nd:
A bill to provide a county manager for counties of over 200,000 population accord ing to 1940 census; and for other purposes.

Referred to the Committee on Counties and County Matters.

10: SR

By Senators Griffith of the 28th and Yates of the 44th:

A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Article I, Section I of the Constitution of Georgia to protect the rights of all persons in this State to work in any lawful employment, said right not to be denied or abridged on account of membership or non-membership in any labor union, or labor organization; and for other purposes.

Referred to the Committee on Amendments to the Constitution.

A sealed communication was received from His Excellency, Governor Herman E. Talmadge, through Honorable Benton Odom, executive secretary.

WEDNESDAY, JANUARY 22, 1947

71

Senator Grayson of the 1st moved that the Senate do now go into executive session for the purpose of receiving a sealed communication from His Excellency, Governor Herman E. Talmadge.
Senator Logan of the 33rd objected.
The motion of Senator Grayson of the 1st prevailed.
The Senate resolved itself into executive session at 11 :05 A. M.
The Senate resumed its regular order of business at 11 :45 A. M.
Senator Grayson of the 1st asked unanimous consent that when the Senate adjourn today, it stand adjour.ned until 10 o'clock tomorrow morning, and the consent was granted.
Senator Grayson of the 1st moved that the Senate do now adjourn, and the motion prevailed.

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



72

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 23, 1947.

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

Scripture reading and prayer was offered by the chaplain.

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

Adams Arnold Baker Blitch Boone Branch 'Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dean Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell

Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

Senator Grayson of the 1st moved that the journal of yesterday's proceedings be confirmed.

The motion prevailed and the journal of yesterday's proceedings was confirmed.

Senator Millican of the 52nd asked unanimous consent that the following be estab. lished 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.

By unanimous consent the request was granted.

Senator Sams of the 26th asked unanimous consent that the following bills be with drawn from the committee, read the second time and recommitted to the Committee on ... Veterans Affairs:

THURSDAY, JANUARY 23, 1947

73

SB 8. By Senator Sams of the 26th:

SB 9.

A bill to prescribe the duties, powers ahd jurisdiction of the State Department of Veterans Service; to fix the compensation of the members of the Veterans Service Board; to provide for the selection, fix the compensation and prescribe the duties and powers of the Director thereof; to repeal an act approved March 8, 1945, establishing a Department of Veterans Service; to declare the legislative policy with respect to veterans; and for other purposes.
'
By Senator Sams of the 26th:

A bill to establish a Veterans Education Council; to provide for the selection of the members,. fix their terms of office and provide for their compensation; to provide, define the duties and fix the compensation of a Director of Veterans Education and other employees of the Council; to transfer certain powers and duties heretofore exercised by the Department of Veterans Service; to provide for cooperation with other agencies; to define the relationship thereto of local school authorities; to declare the legislative policy with respect to education of veterans; and for other purposes.

The consent was granted.

The following bill of the Senate was introduced, read the first time and referred to the committee:
SB 13. By Senator Millican of the 52nd:
A bill to amend Code to provide women to serve on juries; and for other purposes.
Referred to Committee on Special Judiciary.

The following resolution was read and adopted: SR ll. By Senator Baker of the 42nd:

A RESOLUTION
WHEREAS, the recent flood of the Oostanaula, Etowah and Coosa Rivers has caused great damage to the people of the City of Rome, Georgia; and
WHEREAS, many of the citizens of Rome were driven by the flood waters from their homes and forced to seek refuge elsewhere; and
WHEREAS, Dr. Rufus S. Payne, Director of the Battey General Hospital at Rome, Georgia, kindly extended to these unfortunate citizens of Rome the facilities of the Battey General Hospital; and
WHEREAS, Highway No. 1 leading from Rome to Battey General Hospital was under water; and
WHEREAS, this is caused by the bridge of .the Central of Georgia Railroad being too near the surface of the highway at an underpass on said highway between the City of Rome and Battey General Hospital; and
WHEREAS, the raising of said bridge four feet will enable the State Highway Department to raise this road four feet and thus be high enough to keep the road from being covered by flood waters in the future.

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JOURNAL OF THE SENATE,

THEREFORE, BE IT RESOLVED, and it is hereby resolved by the Senate,
the House of Representatives concurring, that the Senate and the House of Repre sentatives of Georgia do extend their thanks to Dr. R. S. Payne for his kind and considerate treatment of the citizens of Rome during the recent tragic emergency.

BE IT FURTHER RESOLVED by the Senate, the House of Representatives concurring, that the House of Representatives and the Senate do hereby request the Central of Georgia Railroad to raise its_ bridge over State Route No. 1 a distance of four feet to enable the State Highway Department to raise the road at this point a distance of four feet so as this road will not be covered by flood waters in the future.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

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

SR ll.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Weaver of the 51st District, chairman of the Committee on State of the Republic, submitted the following report: Mr. President:

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

SB 4. Do Pass.

Respectfully submitted,
Weaver of 51st District, Chairman

The following bill, reported favorably by the committee, was read the second time:

SB 4.

By Senator Weaver of the 51st:
A bill to provide for the relinquishment by the State of the areas leading from the original corporate .boundaries of the City of Macon to the ten-acre lots of said Macon Reserve West of the Ocmulgee River and lying between the four-acre lots of said Macon Reserve, to state the purposes of this act; and for other purposes.

Senator Grayson of the 1st asked unanimous consent that when the Senate adjourn today, it stand adjourned until Monday morning at ll o'clock.

The consent was granted.

THURSDAY, JANUARY 23, 1947

75

A resolution by Senator Millican of the 52nd extending to Honorable W. B. Freeman, former member of the Senate, the privileges of the floor was read and adopted.

The following communication was received from His Excellency, Governor Herman E. Talmadge:
State of Georgia Executive Department
Atlanta. Herman E. Talmadge, Governor Benton Odom, Executive Secretary

Honorable William T. Dean

January 23, 1947

President Pro Tem of the Senate

State Capitol

Atlanta, Georgia

Dear Senator Dean:
Attached hereto is a budget message to the General Assembly of Georgia which I would appreciate your having read to the Senate.
I am having copies made for each member of the General Assembly which I shall have placed on each Member's desk. These copies are now ready for distribution.
With kindest personal regards and best wishes.
Sincerely,
Herman E. Talmadge, Governor
The message from His Excellency, Governor Herman E. Talmadge, was read by the secretary.
Senator Woodall of the 25th asked unanimous consent that the following bill be with drawn from the Committee on Education, read the second time and recommitted:

SB 5.

By Senator Woodall of the 25th:
A bill to amend an act approved March 20, 1943, Georgia Laws 1943, pp. 672-676, entitled an act to equalize educational opportunities throughout the State in certain phases of vocational education, said act being set forth in Sections 32-2206 through 32-2223 of the 1945 Cumulative Pocket Part to the Annotated Code of 1933, by striking and repealing in their entirety all of sections 4 and 7 of the said act; by striking from section 6 of said act in their entirety sub-paragraphs numbered (1) and (2) and by inserting in lieu, etc.; and for other purposes.

The consent was granted.

Senator Weaver of the 51st moved that the Senate do now adjourn until 11 o'clock Monday morning.

The motion prevailed and the president pro tempore announced the Senate adjourned until 11 o'clock Monday morning.

76

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, January 27, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by Dr. A. M. Pierce, Methodist minister of Atlanta, Georgia.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dorsey Ferguson Grayson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of Thursday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills and resolutions. 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.

MONDAY, JANUARY 27, 1947

77

The following communication was received from His Excellency, Acting Governor M. E.
Thompson, through his executive secretary, Hon. Phillip Landrum, and was read by the
secretary:

To the Hon. William T. Dean, President Pro Tern of the Senate, and Members of this Honorable Body, State Capitol, Atlanta, Georgia

Ladies and Gentlemen:
Because of the emergency eXIstmg at the present time I want this honorable body to know that you have my complete cooperation in carrying out the wishes of the people of Georgia., and it is my opinion that this honorable body should adjourn this session until the constitlhional questions involving the governorship are settled by the courts.

Because of the unsettled conditions in State government which have been brought about through no fault of mine, I honestly and sincerely believe that a recess of this honorable body at this time will be used to advantage, and I am suggesting and do hereby urge the presiding officer of this body of the General Assembly to appoint from the membership of this Senate a commi~tee to study and make recommendation while adjourned on the following:

(1) Study and strengthen where necessary the bill to assure the people a white primary and preservation of the county unit system.

(2) Investigate for the purpose of making suggestions to the legislature ways and means for raising such additional revenue as will be necessary to carry out the Democratic party's program of increased services for the people.

Respectfully submitted,

This January 27, 1947.

M. E. Thompson, Acting Governor

The following bills and resolutions of the Senate were introduced, read the first time, and referred to committees:
SB 14. By Senator Millican of the 52nd:
A bill to amend an act of March 9, 1945, entitled "An act to provide for creation of office of judge of Superior Court, emeritus, to create retirement fund, and further amended February 1, 1946, so as to add judges who previously served as judge of a constitutional City Court; and for other purposes.
Referred to Committee on Special Judiciary.
SB 15. By Senator Millican of the 52nd:
A bill to amend an act of March 20, 1943, known as authorizing and maintaining common trust funds by increasing maximum amount from $25,000 to $50,000; and for other purposes.
Referred to Committee on Banks and Banking.

78

JOURNAL OF THE SENATE,

SB 16. By Senator Millican of the 52nd:
A bill to give express lien to involuntary gratuitous or naked depositories on property held in their possession; to authorize such depositories for the purpose of locating the owner, where unknown, to open and examine the containers of property; to authorize such depositories to incur expense in caring for and endeavoring to make delivery of such property; to provide a cumulative method for foreclosing their lien on said property; and for other purposes.
Referred to Committee on Public Utilities.

SB 17. By Senator Millican of the 52nd:
A bill to make it lawful for any railroad company or other corporation doing busi ness in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudiction to pay over whatsoever wages that may be due said employee not to exceed Two Hundred Dollars 'to said wife and to exempt said wages to the amount of Two Hundred Dollars for garnishment; and for other purposes.
Referred to Committee on Public Utilities.

SB 18. By Senator Millican of the 52nd:
A bill to fix the compensation to be paid the state superintendent of schools at $10,000 per annum, payable monthly, to repeal conflicting laws; and for other purposes.
Referred to Committee on Education.

SB 19. By Senator Millican of the 52nd:
A bill to repeal present law on notaries public for the stateat-large, Title 71 of . Code of 1933, and in lieu thereof provide "notaries public," appointment of same by judges of superior courts, qualifications, oath of office, fees, term of office; and for other purposes.
Referred to Committee on Special Judiciary.

SB 20. By Senator Millican of the 52nd:
A bill to repeal Chapter 101-1 of Title 101 "State Librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide a Department of State Library; and for other purposes.
Referred to Committee on Special Judiciary.

SB 21. By Senator Millican of the 52nd:
A bill to amend an act approved March 8, 1945, entitled "An act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroa~ and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell and otherwise of their street railroad and bus properties and franchises, etc." so as to make the same applicable to street railway companies owning and operating hydroelectric plants; and for other purposes.
Referred to Committee on Public Utilities.

MONDAY, JANUARY Z7, 1947

79

SB 22. By Senator Millican of the 52nd:
A bill to repeal an act approved October 10, 1868 (Georgia Laws 1868, page 24), entitled "An act to change the law of evidence" as amended by an act approved February 28, 1874, and entitled "An act to amend section 4637 of the Code of Georgia by striking out the words 'for a felony' in the second line of said section."; and for other purposes.
Referred to Committee on Special Judiciary.

SB 23. By Senator Millican of the 52nd:
A bill to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155) , entitled "An act to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit, approved August 11, 1924 (Georgia Lawa 1924, p. 255), and the acts amendatory thereof, by reducing and providing that the Salary of the Solicitor-General shall he fixed at a certain amount per year; to amend the aforesaid act as amended by the act approved August 6, 1925 (Georgia Laws 1925, p. 509) , by providing that the salary of the chief assistant Solicitor- . General and the salary of the second assistant Solicitor-General shall be fixed at certain amounts; and for other purposes" by fixing the salary of the SolicitorGeneral at a certain amount per annum and by providing the manner and method of paying the same; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 24. By Senator Millican of the 52nd:
A bill to repeal Section 64-208 of the Code of Georgia of 1933, which reads: "The question of who is the lawful Governor of this State may not he tried by quo warranto."; to repeal Section 64-209 of the Code of Georgia of 1933, which reads: "The writ of quo warranto will not lie to the duly inaugurated Governor, hut it does lie to all other civil or military officers."; and for other purposes.
Referred to Committee on Special Judiciary.

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools has had under consideration the following hill and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:

SB 5. Do Pass.

Respectfully submitted,
Woodall of 25th District, Chairman

A resolution by Senator Carswell of the 17th, extending the privileges of the floor to Hon. Wright Abbott, former member of the Senate, was read and adopted.

80

JOURNAL OF THE SENATE,

The following privileged resolution was read and adopted:
By Senator Knox of the 29th:
WHEREAS, the public press of this state did on yesterday carry the engagement announcement of Miss Jeanette Garrett to Honorable Clifford Seay, the distinguished senator from the 22nd district; and
WHEREAS, during these days of p~litical stress, strife and turmoil, this Senate deems Miss Garrett most brave to embark on a matrimonial venture with one whose avocation is politics; and
WHEREAS, the history of our state will show to future generations that there are numerous contenders for one high state office.
THEREFORE, be it resolved by the Georgia State Senate, that:
1. We do extend to this distinguished Georgia couple our heartiest congratulations and best wishes for a long, happy married life.
2. We recommend that, history to the contrary, that each of said parties have, keep, maintain and permit only one contender for the love and affection of the other.
3. That we do express just a little sympathy to the bridetobe for planning marriage with a member of the 19471948 Georgia Senate.
The following uncontested local bill of the Senate was read the third time and put upon its passage:

SB 4. By Senator Weaver of the 51st:

A bill to provide for the relinquishment by the State of the areas leading from the original corporate boundaries of the City of Macon to the ten acre lots of the Macon Reserve West of the Ocmulgee River and lying between the four acre lots of said Macon Reserve, to state the purpose of this act; and for other purposes.

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

agreed to.

*

On the passage of the bill, the ayes were 42, nays 3.

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

The following resolution was read and laid on the table for further consideration:

SR 12. By Senators Millican of the 52nd and Kennon of the 53rd:
A resolution that the General Assembly adjourn on Thursday, January 30th, 1947, at 3:00 P. M. until Monday, April 7th, 1947, at 10:00 A. M.
The Senate went into executive session at 11 :30 A. M.

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

Hon. Herman E. Talmadge, Governor State Capitol Atlanta, Georgia

January 27, 1947.

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:

MONDAY, JANUARY 27, 1947

81

Hon. James J. Page, Jr., Director of State Parks, Historic Sites, and Monuments for the State of Georgia for a term of four years beginning January 15, 1947. The vote on this confirmation was ayes 30, nays 2, present 21.
Hon. J. C. Dunn as a member of the State Board of Corrections for a term of five years expiring November 27, 1951, succeeding on said Board, T. F. Callaway whose commission has expired. The vote on this confirmation was ayes 29, nays 2, present 22.
Hon. W. C. Ellis, a member of the State Game and Fish Commission, representing the Eighth Congressional District, for a term beginning January 18, 1947, and expiring January 1, 1954. The vote on- this confirmation was ayes 33, nays 1, present 19.
Mrs. Ben Cooper, a member of the State Game and Fish Commission, representing the Seventh Congressional District, for a term beginning January 15, 1947, and expiring January 1, 1954. The vote on this confirmation was ayes 29, nays 2, present 22.
Hon. D. S. Hudson, Sylvester, Georgia, as a member of the Board of the State Department of Public Safety to serve at the pleasure of the Governor. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Benton Odom, Secretary of the Executive Department of the State of Georgia for a term beginning January 15, 1947, and terminating January 15, 1951. The vote on this confirmation was ayes 33, nays 1, present 19.

Hon. J. E. Parker, Ludowici, as a member of the State Highway Commission representing the First Congressional District of Georgia for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Robert Chastain, Thomasville, as a member of the State Highway Commission representing the Second Congressional District of Georgia, for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Dixon Oxford, Dawson, as a member of the State Highway Commission rep"resenting the Third Congressional District of Georgia for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Dr. R. B. Gilbert, Greenville, as a member of the State Highway Commission representing the Fourth Congressional District of Georgia for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Henry McCalla, Conyers, as a member of the State Highway Commission representing the Fifth Congressional District of Georgia, for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. John B. Wialker, McRae, as a member of the State Highway Commission representing the Eighth Congressional District of Georgia, for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 32, nays 2, present 19.

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JOURNAL OF THE SENATE,

Hon. John Quillian, Gainesville, as a member .of the State Highway Commission representing the Ninth Congressional District of Georgia, for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. J. J. McLanahan, Elberton, as a member of the State Highway Commission representing the Tenth Congressional District of Georgia for a term beginning January 15, 1947, and expiring January 15, 1951. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Sims Garrett, Jr., of the County of Muscogee, as Treasurer of the State Highway Department for a term beginning January 15, 1947, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Kenneth R. Murrell, as a member of the State Board of Veteran Service for a term beginning January 22, 1947, and expiring April 11, 1952. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Carlton Mobley, as a member of the State Board of Veteran Service for a term beginning January 22, 1947, and expiring April 11, 1952. The vote on this confirmation was ayes 30, nays 2, present 21.

Hon. Carter C. Peterson, as a member of the State Board of Veteran Service for a term beginning January 22, 1947, and expiring April 11, 1952. The vote on this
confirmation was ayes 30, nays 2, present 21.

Respectfully yours,

Mrs. Henry W. Nevin, Secretary of the Senate

The executive session was dissolved at 12:35 P. M., and the Senate reconvened in regular session.

Senator Weaver of the 51st moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed.

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

TUESDAY, JANUARY 28, 1947

83

Senate Chamber, Atlanta, Georgia. Tuesday, January 28, 1947.

The Senate met pursuant to .adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by Rev. A. M. Pierce, chaplain.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dean Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Pannell Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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:

I. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. Putting upon third reading for final passage local Senate and House bills and general bills with local application.

6. Putting upon third reading for final disposition general Senate and House bills.

The consent was granted.

84

JOURNAL OF THE SENATE,

The president pro tempore presented to the Senate Honorable Ted Dalton, member of the Virginia State Senate from the 21st District, who briefly addressed the Senate.
The president pro tempore presented to the Senate Hon. J. M. Wysor, member of the Virginia State Highway Commission.
The following bills of the Senate were introduced, read the first time, and referred to committees:

SB 25. By Senator Mitchell of the 40th:
A bill to provide for training and vocational schools for boys and girls to be established in each Congressional District of the State of Georgia; to provide that these schools shall be established by the State Welfare Department to be operated under the same rules, regulations and laws governing training and vocational schools in said State; to provide for the employment of superintendent, employees and teachers necessary for the proper conduct and operation of same; and the training and education of said juvenile delinquents; to authorize Judges of Superior, Juvenile and City Courts to place juvenile offenders in said schools; to repeal all laws in conflict with this act; and for other purposes.
Referred to Committee on Education.

SB 26. By Senator Mitchell of the 40th:
A bill to authorize and direct the County Boards of Education of the State to employ a person trained in juvenile work; to authorire and direct the State Board of Education to prescribe a fixed compensation for such officers and provide for term and tenure of office of such officers; and for other purposes.
Referred to Committee on Education.

SB 27. By Senator Kennon of the 53rd:. A bill to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.
Referred to Committee on Municipal Government.

SB 28. By Senator Kennon of the 53rd:
A bill to amend an act entitled "Cook Board of Commissioners Created" approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a Board of Commissioners of Roads and Revenue for Cook County; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, .submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and have instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 4.

Respectfully submitted,
Wideman of the 46th District, Chairman

TUESDAY, JANUARY 28, 1947

85

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub witted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 3. Do Pass.

SB 14. Do Pass.

SB 20. Do Pass.

SB 22. Do Pass.

SB 19. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

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

SB 1. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Mason of the 30th District, chairman of the Committee on Public Utilities, submitted the following report:

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

SB 16. Do Pass.

SB 17. Do Pass.

Respectfully submitted,

Mason of 30th District, Chairman
The following bills of the Senate favorably reported by the committees were read the second time:

86

JOURNAL OF THE SENATE,

SB 1.

By Senator Weaver of the 51st:
A bill to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company, as evidenced by deed dated March 12, 1946, to confirm the title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company, and for other purposes.

SB 3.

By Senator Weaver of the 51st:
A bill to amend Section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession sha11 issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.

SB 14. By Senator Millican of the 52nd:
A bill to amend an act of March 9, 1945, entitled act to provide for creation of office of Judge of Superior Court, emeritus, to create retirement fund, and further amended February 1, 1946, so as to add judges who previously served as judge of a constitutional city court, and for other purposes.

SB 16. By Senator Millican of the 52nd:
A bill to give an express lien to invofuntary gratuitous or naked depositories on property held in their possession; to authorize such depositories for the purpose of locating the owner, where unknown, to open and examine the containers of property; to authorize such depositories to incur expense in caring for and endeavoring to make delivery of such property; to provide a cumulative method for foreclosing their lien on said property; and for other purposes.

SB 17. By Senator Millican of the 52nd:
A bill to make it lawful for any railroad company or other corporation doing business in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudication to pay over whatsoever wages that may be due said employee not to exceed two hundred dollars to said wife and to exempt said wages to the amount of two hundred dollars from garnishment; and for other purposes.

SB 19. By Senator Millican of the 52nd:
A bill to repeal present law on notaries public for the state-at-large, Title 71 of Code of 1933, and in lieu thereof provide "notaries public," appointment of same by judges of superior courts, qualifications, oath of office, fees, term of office; and for other purposes.
SB 20. By Senator Millican of the 52nd:
A bill to repeal Chapter 101-1 of Title 101 "State Librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide a Department of State Library, and for other purposes.

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87

SB 22. By Senator Millican of the 52nd:
A bill to repeal an act approved October 10, 1868 (Georgia Laws 1868, page 24) , entitled "An Act to change the law of evidence" as amended by an act approved February 28, 1874 and entitled "An Act to amend section 4637 of the Code of Georgia by striking out the words 'for a felony' in the second line of said section"; and for other purposes.

The following general bill of the Senate was read the third time and put upon its passage:
SB 5. By Senator Woodall of the 25th:
A bill to amend an act approved March 20th, 1943 (Ga. Laws 1943, pages 672-676), entitled an act to equalize educational opportunities throughout the state in certain phases of vocational education, said act being set forth in sections 32-2206 through 32-2223 of the 1945 Cumulative Pocket Part to the Annotated Code of 1933,. by striking and repealing in their entirety all of sections 4 and 7 of said act; by striking section 6 of said act, in their entirety subparagraphs numbered (1) and (2) and by inserting in lieu, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Baker of the 42nd moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed.

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

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, January 29, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by Rev. A. M. Pierce, chaplain.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 hills and resolutions.
6. Consideration of general bills and resolutions.
The consent was granted.

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89

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

HB 5. By Messrs. Jennings and Kidd of Baldwin:
A bill to amend an act approved December 22, 1898, providing for the election of Board of County Commissioners by the people of Baldwin County," approved August 12, 1921, by striking therefrom Sections 2, 3 and 4, and inserting in a section so as to provide that the members of the Board of Commissioners of Roads and Revenues shall be elected for a term of two years and elected every two years; to provide for the election of a chairman; when the election shall be held; for a referendum on this act; when act shall become effective; for paying of expenses of election out of county funds; and for other pUrposes.

HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to be entitled an act to provide a permanent pension and retirement plan for county employees and/or officers, elective and/or appointed, of Bibb County, Georgia.

HB 15. By Messrs. Hurt and Adams of Polk:
A bill to repeal an act approved December 27, 1838, Georgia Laws 1838, pages 75-76, incorporating the town of Van Wert in Paulding County, now Polk County, Georgia, as amended by an act approved October 18, 1870, Georgia Laws 1870, pages 220-221, and as amended by act approved February 28, 1876, Georgia Laws 1876, pages 172-173, and as amended by an act approved March 27, 1941, Georgia Laws 1941, page 1776, and to abolish the charter of said town of Van Wert, to provide for a referendum on this bill, and for other purposes.

HB 16. By Mr. Cheek of Franklin:
A bill to create the office of Commissioner of Roads and Revenues, an advisory board consisting of three members and a clerk to said Commissioner of Roads and Revenues and said advisory board, in Franklin County, Georgia; and for other purposes.

HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the city of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions; a~d for other purposes.

HB 23. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend section 2 of an act approved August 10, 1903, creating the City Court of Statesboro, as am~nded by the acts approved August 1, 1906, and August 1, 1922, and the several acts amendatory thereof so as to increase the salary of the judge of said court, and for other purposes.

HB 24. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend section 5 and section 13 of an act approved August 11, 1924, creating the Board of County Commissioners for the county of Bulloch, as amended

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JOURNAL OF THE SENATE,

by the acts approved March 23, 1937, and the several acts amendatory thereof, so as to increase the salary of the two members of said board and provide $1,500 to the chairman of said board for clerical help, and for other purposes.

HB25. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend section 8 of an act approved March 24, 1937, to abolish the offices of Tax Receiver and Collector of Bulloch County and to create the office of Tax Commissioner, as amended by the acts approved February 22, 1943, and the sev eral acts amendatory thereof so as to provide the sum of five hundred dollars ($500.00) to the County Tax Commissioner from the county treasury for aid in securing clerical help, and. for other purposes.

HB 30. By Mr. Lovett of Laurens:
A bill to place the sherlff of Laurens County, and his deputies, and the clerk of the Superior Court of Laurens County, and his deputies, on a salary basis; to fix the salary of said sheriff and clerk and to provide that said salaries shall be paid from county funds; to provide that the fees now paid such officers shall be col lected and paid into the county treasury; to authorize the levying of a tax to pay the salary of such officers; to make provisions regulating and carrying out this act, etc., and for other purposes.

HB 31. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled an act to combine the department of health of the city of Columbus with the department of health of Muscogee County, etc., by providing that either the chairman of the Board of Commissioners of Roads and Revenues of Muscogee County or some other member, or the clerk, or the secretary of the Board of Commissioners of Roads and Revenues appointed by the Board of Commission of Roads and Revenues of Muscogee County, shall he one of the seven members composing the County Board of Health, and for other purposes.

HB 39. By Messrs. Johnson and Mallard of Bulloch: A bill to amend the charter of the City of Statesboro (Ga. L 1912, pp. 1331-1374) by changing section 4, etc. ; to amend section 5, etc., and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:

SB 29.

By Senators Coker of the 39th, Hooks of the 16th, Arnold of the 50th, Woodall of the 25th, Griffith of the 28th, Sumner of the lOth, and Baker of the 42nd:
A bill to amend an act of the legislature as to certain sect1ons of the code regu lating the practice of nursing and creating a Board of Examiners of Nurses for Georgia; to eliminate a license for undergraduate nurses; provide by license of practical nurses; provide an enforcement officer and investigator; to repeal certain sections of the present code, and for other purposes.

Referred to Committee on Public Health.

SB 30.

By Senator Pannell of the 43rd:
A bill to amend an act dated August 18, 1923, Georgia Laws 1923, pp. 529-543, entitled "An act to provide and establish a new charter for the City of Chatsworth in the County of Murray, etc." by striking from said act, section 4 in its entirety

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91

and by writing a new section in lieu of said stricken section so as to provide that the term of the mayor shall he two years and to stagger the terms of the aldermen, and for other purposes.
Referred to Committee on Municipal Government.

SB 31. By Senator Pannell of the 43rd:
A hill to amend an act dated August 18, 1923, Georgia Laws 1923, pp. 529-543; entitled an act to provide and establish a new charter for the City of Chatsworth, so as to create a water works commission; to provide for appointment of a commission; fix terms of members; define rights, powers and duties of commission; provide for referendum, and for other purposes.
Referred to Committee on Municipal Government.

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A hill to amend the act of February 10, 1937, Georgia Laws 1937, pp. 864-869, entitled an act to establish a State Board of Education, etc., by adding a new paragraph to he known as section 3 A, to provide that the elementary grades of the common schools shall embrace grades 1-7 inclusive, and no other; and the high school grades shall embrace grades 8-12 inclusive and no other, and for other purposes.
Referred to Committee on Education.

SB 33. By Senator Woodall of the 25th:
A hill to amend section 32-1006 of the Code of 1933 relating to the classification and compensation of county school superintendents as said section was enacted by an act approved January 31, 1946, Georgia Laws 1946, pp. 73-74, by striking from lines 12 and 13 of said section as set out to read by section 1 of said 1946 act the words "nor more than $100.00 per month", and to provide how said section when so a1_11ended shall read; and for other purposes.
Referred to Committee on Education.

The follOwing bills of the House were read the first time and referred to the committees:
HB ,5. By Messrs. Jennings and Kidd of Baldwin: A bill to amend an act approved December 22, 1898, providing for election of Board of County Commissioners by the people of Baldwin County; to provide for election of a chairman; where the election shall be held; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A hill to provide a permanent pension and retirement plan for county employees and/or officers, elective and/or appointed, of Bibb County; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 15. By Messrs. Hurt and Adams of Polk:
A bill to repeal an act approved December 27, 1838, Georgia Laws 1838, pp. 75-76, to abolish the charter of the town of Van Wert in Paulding County, now Polk County, to provide for a referendum; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 16. By Mr. Cheek of Franklin:
A bill to create the office of Commissioner of Roads and Revenues, an advisory board consisting of three members and a clerk in Franklin County, and for other purposes.
Referred to Committee on Counties and County Matters.

HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee for annual registration license for business, callings, trades or professions, and for other purposes.
Referred to Committee on Municipal Government.

HB 23. By Messrs. Johnson and Mallard of Bulloch:
A bill to increase the salary of the judge of the City Court of the City of Statesboro, and for other purposes.
Referred to Committee on Municipal Government.

HB 24. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act approved August 11, 1924, so as to increase the salary of the two members of the Board of County Commissioners of the County of Bulloch; to provide $1,500 to the chairman for clerical help, and for other purposes.
Referred to Committee on Counties and County Matters.

HB 25. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act approved March 24, 1937, to provide the sum of $500 to the County Tax Commissioner from the county treasury of Bulloch County for. aid in securing clerical help, and for other purposes.
Referred to Committee on Counties and County Matters.

HB 30. By Mr. Lovett of Laurens:
A bill to place the sheriff of Laurens County, his deputies, and the clerk of the Superior Court, and his deputies, on a salary basis; to provide that said salaries shall be paid from county funds; to provide that fees now paid such officers shall be collected and paid into the county treasury; to authorize the levying of a tax to pay the salary of such officers, and for other purposes.
Referred to Committee on Counties and County Matters.

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93

HB 31. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend .an act entitled an act to combine the department of health of the City of Columbus with the department of health of Muscogee County; to provide that either the chairman of the Board of Commissioners of Roads and Revenues of Muscogee County, some other member, or the clerk, or the secretary of the Board of Commissioners of Roads and Revenues, shall be one of the seven members composing the County Board of Health, and for other purposes.

Referred to Committee on Municipal Government.

HB 39. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend the charter of the City of Statesboro to provide general election on first Friday in December; to require all candidates to pay entrance fees, and for other purposes.
Referred to Committee on Municipal Government.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

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

SB 5.

Respectfully submitted,
Wideman of 46th District, Chairman

Mr. Sams of the 26th District, chairman of the Committee on Military and Veterans Affairs, submitted the following report:

Mr. President:
Your Committee on Military and Veterans Affairs has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 7. Do Pass.

SB 8. Do Pass.

SB 9. Do Pass.

Respectfully submitted,
Sams of 26th District, Chairman

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JOURNAL OF THE SENATE,

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President:

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

SB 2. Do Pass.

SB 12. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Woodall of the 25th District. chairman of the Committee on Education and Public Schools, submitted the following report: Mr. President:

Your Committee on Education and Public Schools has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 25. Do Pass as amended.

Respectfully submitted,

Woodall of 25th District, Chairman

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

SB 2.

By Senator Weaver of the 51st:
A bill to provide that no person shall be elected ordinary of a county having therein a city with a population of 50,000 or more unless such person shall have attained the age of thirty years, and shall have practiced law for three years next preceding his election, and for other purposes.

SB 7.

By Senator Sams of the 26th:
A bill to amend an act approved March 9, 1937, creating a Department of Public Safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department, providing for the issuance of drivers' licenses, prescribing penalties for violation, and for other purposes, by adding a sub-section to section 1 of article IV of said act exempting honorably discharged veterans of the armed forces of the United States from the payment of drivers' license fees and tax; to provide for the issuance of honorary drivers' license to honorarr discharged veterans, to prescribe procedures for the suspension or revocation of such licenses; and for other purposes.

SB 12. By Senator Millican of the 52nd:
A bill to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.

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95

SB 25. By Senator Mitchell of the 40th:
A bill to provide for training and vocational schools for boys and girls to be estab lished in each Congressional District of the State of Georgia; to provide that these schools shall be established by the State Welfare Department to be operated under the same rules, regulations and laws governing training and vocational schools in said State; to provide for the employment of superintendent, employees and teachers necessary for the proper conduct and operation of same; and the training and education of said juvenile delinquents; to authorize judges of Superior, Juvenile and City Courts to place juvenile offenders in said schools; to repeal all laws in conflict with this act; and for other purposes.

Senator Kennon of the 53rd asked unanimous consent that the following bill of -the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted:

SB 27. By Senator Kennon of the 53rd: A bill to amend an act approved July 29th, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.
The consent was granted.

Senator Kennon of the 53rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:

SB 28. By Senator Kennon of the 53rd: A bill to amend an act entitled "Cook Board of Commissioners Created", approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a Board of Com missioners of Roads and Revenue for Cook County; and for other purposes.
The consent was granted.
The following local uncontested bill of the Senate was read the third time and put upon its passage:

SB 1.

By Senator Weaver of the 51st:
A bill to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company as evidenced by deed dated March 12, 1946, to confirm the title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company; and for other purposes.

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

On the passage of the bill, the ayes were 43, nays 0.

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

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JOURNAL OF THE SENATE,

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

SB 3.

By Senator Weaver of the 51st:
A bill to amend section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and. when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.

The report 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.

SB 14. By Senator Millican of the 52nd:
A bill to amend an act of March 9, 1945, entitled "Act to provide for creation of office of judge of Superior Court, emeritus, to create retirement fund and further amended February 1, 1946, so as to add judges who previously served as judge of a constitutional City 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 43, nays 2.
The bill, having received the requisite constitutional majority, was passed..

SB 16. By Senator Millican of the 52nd:
A bill to give an express lien to involuntary gratuitous or naked depositories on property held in their possession; to authorize such depositories for the purpose of locating the owner, where unknown, to open and examine the containers of property; to authorize such depositories to incur expense in caring for and endeavoring delivery of such property; to provide a cumulative method for foreclosing their lien on said 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 17. By Senator Millican of the 52nd:
A bill to make it lawful for any railroad company or other corporation doing business in this State, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudication to pay over whatsoever wages that may be due said employee not to exceed two hundred dollars to said wife and to exempt said wages to the amount of two hundred dollars from garnishment; and for other purposes.

WEDNESDAY, JANUARY 29, 1947

97

Senator Millican of the 52nd offered the following amendment: Strike from the caption in line one the words "Railroad company or other corporation" and by striking same words in section one and two and inserting in lieu thereof the words "person, firm, partnership, or other corporation" in the caption and in sections one and two and three instead of the words stricken.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 19. By Senator Millican of the 52nd:
A bill to repeal present law on notaries public for the state-at-large, Title 71- of Code of 1933, and in lieu thereof provide notaries public, appointment of same by judges of Superior Courts, qualifications, oath of office, fees, term of office; and for other purposes.
Senator Hooks of the 16th offered the following amendment:
Amend SB 19, section 1, 71-105, by providing to pay clerk of Superior Court $4.00; clerk receive $2.00, Secretary of State $2.00.
The amendment was adopted.

Senator Weaver of the 51st offered the following amendment:
Amend SB 19 by adding after section 71-105 under paragraph 1 of said bill the following words: "provided nevertheless, in counties where the clerk of the Superior Court is on a salary basis, his portion of the fee shall be paid by him into the county treasury."
The amendment was adopted.
Senator Ferguson of the 13th moved that the bill with all amendments be tabled.
The motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 20. By Senator Millican of the 52nd:
A bill to repeal chapter 101-1 of title 101 "State Librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide a Department of State Library; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

Senator Baker of the 42nd asked unanimous consent that the following )Jills of the Senate he tabled:

SB 8.

By Senator Sams of the 26th:
A hill to prescribe the duties, powers and jurisdiction of the State Department of Veterans Service; to fix the compensation of the members of the Veterans Service Board; to provide for the selection, fix the compensation and prescribe the duties and powers of the director thereof; to repeal an act approved March 8, 1945, establishing a Department of Veterans Service; to declare the legislative policy with respect to veterans; and for other purposes.

SB 9. By Senator Sams of the 26th:
A hill to establish a Veterans Education Council; to provide for the selection of the members, fix their terms of office and provide for their compensation; to pro vide, define the duties and fix the compensation of a Director of Veterans Education and other employees of the council; to transfer certain powers and duties heretofore exercised by the Department of Veterans Service; to provide for coopera tion with other agencies; to define the relationship thereto of local school authori ties; to declare the legislative policy with respect to education of veterans; and for other purposes.
The consent was granted.

The following privileged resolution was read:

By Senator Callaway of the 35th:

WHEREAS, HB 13 is now being discussed in the House of Representatives; and,

WHEREAS, said HB 13 is designed as a measure to restrict the voting franchise to persons who are adequately qualified to vote; and,

WHEREAS, several other southern states have adopted such laws;

THEREFORE, BE IT RESOLVED that the presiding officer of the Georgia

State Senate designate a committee of not more than three members of the Senate

to study the existing laws of the several southern states that apply to the voting

franchise.



The report of said committee shall not he binding in any respect on this body and is not intended to delay in any way the consideration of such legislation.

Senator Grayson of the 1st asked unanimous consent that a non-member of the Senate be appointed as secretary of the committee provided for in the above resolution.

The consent was granted.

Senator Callaway of the 35th offered the following amendment: That the committee report hack their findings not later than Monday, February 3, 1947.
The amendment was adopted. By unanimous consent the resolution was adopted as amended.

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99

The president appointed as a committee as provided for in the resolution the following:

Senators Callaway of the 35th, Parker of the 54th, Bush of the 8th, and Hon. Sims Garrett as secretary.

Senator Grayson of the 1st moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed.

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

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 30, 1947.

The Senate met pursuant to adjournment at ll o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Butler Carswell Coker Daniell Darby Dorsey Ferguson Grayson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom 6verstreet Pannell

Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

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

Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today:

l. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. Consideration of local uncontested bills and resolutions.

6. Consideration of general bills and resolutions.

The consent was granted.

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101

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

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

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jell Davis, and many others:
A bill to revise the election laws of Georgia, and for other purposes.
The following bills and resolutions of the Senate were introduced, read the first time, and referred to committees:

SB 34. By Senator Millican of the 52nd:
A bill to amend an act approved March 16, 1939, entitled "An act to provide that counties having a population of more' than 200,000 by the U. S. census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular mem hers of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 35. By Senator Millican of the 52nd:
A bill 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 Fulton County to establish a pension fund; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by banks of stocks and investment securities, by inserting therein a new provision as to the purchase of obligations of the federal government and its instrumentalities; and for other purposes.
Referred to Committee on Banks and Banking.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of hoards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.
Referred to Committee on Banks and Banking.

SB 38. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 13-2001 of the Code of Georgia 1933, relating to the board of directors of banks by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; and for other purposes.
Referred to Committee on Banks and Banking.

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SB 39.

By Senators Trippe of the 38"th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 109-406 of the Georgia Code of 1933, relating to boards of directors of banks which have acquired trust powers, by providing that the directors may appoint an executive committee of three; and for other purposes.

Referred to Committee on Banks and Banking.

SB 40.

By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend part II, of title 14 of the Georgia Code 1933, relating to bills and notes and to public and legal holidays, etc., by adding thereto a new section, to be known as section 14-1809-a, which shall provide that banks and other financial institutions may remain closed on any Wednesday or on any Saturday in any week, unless there occurs in such week a previously designated legal holiday; and for other purposes.

Referred to Committee on Banks and Banking.

SB 41.

By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 67-103 of the Georgia Code 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new sect!on to be known as section 67-103; and for other purposes.

Referred to Committee on Banks and Banking..

SB 42.

By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 85-1803 of the Georgia Code 1933, relating to the assignment of choses in action, by striking the same in its entirety and inserting in lieu thereof a new section to be known as section 85-1803; and for other purposes.

Referred to Committee on Banks and Banking.

SB43.

By Senators Carswell of the 17th, Mason of the 30th, Grayson of the 1st:
A bill to amend section 94-506 of chapter 94-5 of Georgia Code 1933, relating to railroad crossings, by striking from said section the following: "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast", and inserting in lieu: "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.

Referred to Committee on Public Utilities.

SB 44.

By Senator Millican of the 52nd:
A bill to provide for the enforcement of paragraph IV, section I, article II, Constitution of Georgia, relating to qualifications of electors; to provide additional registrars in each county, to prescribe and define their powers and duties and those of county boards of registrars; to require applicants for registration, or for the continuance thereof; to present certificates of proficiency from a registrar; to cancel existing registrations of electors who, after notice, fail to present such certificates; to provide for issuance of such certificates; to postpone for two years the operation of section 34-115 of Georgia Code, as amended~ requiring cancellation of registration annually when the registrant has not voted within the preceding two years; and for other purposes.

Referred to Committee on Special Judiciary.

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SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph I of section 4 of article 7 to the Constitution of the State of Georgia of 1945 so as to extend coverage of the pension system authorized by the Constitution for county employees in Fulton County; and for other purposes.
Referred to Committee on Amendments to the Constitution.

The following bill of the House was read the first time, and referred to committee:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.
Referred to Committee on Special Judiciary.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

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

SB 27. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 28. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

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Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 1.

SB 3.

SB 14.

SB 16.

SB 17.

SB 19.

SB 20.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Sumner of the lOth District, chairman of the Committee on Public Health, sub mitted the following report:

Mr. President:

Your Committee on Public Health has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 29. Do Pass.

Respectfully submitted,

Sumner of lOth District, Chairman

Mr. Hogg, of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

SB 23. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

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105

Mr. J. H. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report: Mr. President:

Your Committee on Education and Public Schools has had under consideration the following bills of the Senate and has instructed ine, as chairman, to report the same back to the Senate with the following recommendations:

SB 32. Do Pass.

SB 33. Do Pass.

Respectfully submitted,

Woodall of 25th District, Chairman

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

SB 23. By Senator. Millican of the 52nd:
A bill to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155), entitled "An act to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August II, 1924 (Georgia Laws 1924, page 255) and the acts amt;,ndatory thereof, by reducing and providing that the salary of the solicitor-general shall be fixed at a certain amount per year; to amend the aforesaid act as amended by the act approved August 6, 1925 (Ga. Laws 1925, p. 509), by providing that the salary of the chief assistant solicitor-general and the salary of the second assistant solicitor-general shall be fixed by certain amounts; and for other purposes" by fixing the salary of the solicitor-general at a certain amount per annum and by providing the manner and method paying the same; and for other purposes.

SB 29. By Senators Coker of the 39th, Hooks of the 16th, Arnold of the 50th, Woodall of the 25th, Griffith of the 28th, and Sumner of the lOth:
A bill to amend an act of the Legislature as to certain sections of the code regu lating the practice of nursing and creating a board of examiners of nurses for Georgia; to eliminate a license for undergraduate nurses; provide for license of practical nurses; provide an enforcement officer and investigator; to repeal certain sections of the present code; and for other purposes.

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th, and Wideman of the 46th:
A bill to amend the act of February 10, 1937, Georgia Laws 1937, p. 864-8'69, entitled an act to establish a State Board of Education, etc., by adding a new para graph to be known as section 3A, to provide that the elementary grades of the common schools shall embrace grades 1-7 inclusive, and no other; and the high school grades shall embrace grades 8-12 inclusive and no other; and for other purposes.

SB 33. By Senator Woodall of the 25th:
A bill to amend section 32-1006 of the Code of 1933 relating to the Classification and Compensation of county school superintendents as said section was enacted by an act approved January 31, 1946, Georgia Laws 1946, pp. 73-74, by striking from lines

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12 and 13 of said section as set out to read by section I of said 1946 act the words "nor more than $100.00 per month," and to provide how said section when so amended shall read; and for other purposes.
The following local uncontested bills of the Senate were read the third time and put upon their passage:

SB 27. By Senator Kennon of the 53rd: A bill to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 28.

By Senator Kennon of the 53rd:
A bill to amend an act entitled "Cook Board of Commissioners Created" approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a Board of Commissioners of Roads and Revenue for Cook 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 1.

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

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

SB 12. By Senator Millican of the 52nd: A bill to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passagE' of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 2.

By Senator Weaver of the 51st:
A bill to provide that no person shall be elected ordinary of a county having therein a city with a population of 50,000 or more unless such person sh.U have attained the age of thirty years, and shall have practiced law for three years next preceding his election, and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 2.

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

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107

SB 7.

By Senator Sams of the 26th:
A bill to amend an act approved March 9, 1937, creating a Department of Public Safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department, providing for the issuance of drivers' licenses, prescribing penalties for violation, and for other purposes, by adding a subsection to section 1 of article IV of said act exempting honorably discharged veterans of the armed forces of the United States from the payment of drivers' license fees and tax; to provide for the issuance of honorary drivers' license to honorary discharged veterans, to prescribe procedures for the suspension or revocation of such licenses, and for other purposes.

Senators Millican of the 52nd and Sams of the 26th offered the following amendment: Amend SB 7, section one, line 5, by striking the words "of ninety days service, or more."
The amendment was adopted.
Senator Millican of the 52nd offered the following amendment: Amend SB 7 by adding a new section, section Sa, as follows, and change caption accordingly: Any person who by fraud or false statement shall secure a license in accordance to the provisions of this act shall be guilty of a misdemeanor and punished as provided by the laws of this State.
The amendment was adopted.

Senator Hooks of the 16th offered the following amendment: Amend SB 7 to include. all boys who were in the Merchant Marines during the war shall have the provisions of this act.
On the adoption of the amendment, the ayes were 22, nays 15, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB25. By ~nator Mitchell of the 40th:
A bill to provide for training and vocational schools for boys and girls to be established in each Congressional District of the State of Georgia; to provide at these schools shall be established by the State Welfare Department to be operated under the same rules, regulations and laws governing training and vocational schools in said State; to provide for the employment of superintendent, employees and teachers necessary for the proper conduct and operation of same; and the training and education of said juvenile delinquents; to authorize judges of Superior, Juvenile and City Courts to place juvenile offenders in said schools; to repeal all laws in conflict with this Act; and for other purposes.

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The Committee on Education offered the following substitute:

A BILL
A bill to be entitled an act to authorize and empower the State Board of Education on behalf of the State of Georgia to set up, locate, maintain, and operate residential schools for delinquent children of public school age; to authorize and empower the State Board of Education to contract for and purchase real and personal property, machinery, and equipment and to accept and receive gifts and donations, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditionally or under conditions related to the teaching and training provided for in said schools; to authorize and empower said Board of Education to build and equip necessary buildings for carrying on such schools; to employ superintendents, teachers, supervisors, and other employees and to fix and pay salaries and expenses therefor; to purchase instructional supplies and maintain equipment; to authorize and empower said State Board of Education to accept, to receive, disburse and administer appropriations and funds made available by the federal congress for the purpose of assisting the State in the operation of said schools; and to disburse and administer funds allocated, appropriated or made available by the State of Georgia for the maintenance and operation of such schools; and to manage, disburSe, and use any private or public funds given or donated for said schools; to adopt, promulgate, and establish rules and regulations, fix courses of study, establish ages and classes for pupils so as to include therein pupils who may have been placed therein by the Judges of the Superior, Juvenile, and City Courts of this State; to provide that the provisions of this act shall not be construed as repealing, changing, or modifying any of the laws now in force relative to the operation of other training schools or of the public school system of this State, but shall be construea as granting additional powers to the State Board of Education for the operation of residential sc~ools for delinquent boys and girls of public school age; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section 1. That the State Board of Education of Georgia, for and on behalf of the State of Georgia, is hereby authorized and empowered to locate, set up, establish, operate, maintain, and carry on residential schools for delinquent children of public school age. Said schools to be located and operated separately for boys and girls.
Section 2. That to better enable said State Board of Education to properly locate and carry on said schools as provided for in section 1 of this act, said board is hereby empowered and authorized to contract for and purchase real estate and building sites, to build, construct and properly equip and maintain for teaching and boarding pupils, all necessary buildings and houses, and to contract for and to purchase, maintain, repair and supply all necessary machinery equipment, instructional supplies and maintenance equipment.
Section 3. That said State Board of Education is hereby authorized and empowered to accept and receive donations and gifts, of both real and personal property including machinery and equipment from either public or private sources as may be offered unconditionally, or under conditions related to the teaching and training provided for in said schools and to accept, receive, use, distribute, and administer any and all appropriations that may be made by the federal congress, its agency or bureau to assist the State in the maintenance and operation of said

THURSDAY, JANUARY 30, 1947

109

schools, and to administer all funds allocated or appropriated or made available by the State of Georgia for setting up, maintaining, and operating such schools, and to manage, administer, and use for such purposes all funds that may be given or donated by individuals or other public or private agencies. Said State Board of Education is further authorized and empowered to allocate and distribute to the different residential schools established by virtue of authority of this act in such proportion as may, in their discretion, be most advantageous to the State as a whole, any and all machinery and equipment owned or held by the State Board of Education which may be hereafter obtained or acquired.

Section 4. That said State Board of Education be and it is hereby empowered and authorized to adopt, promulgate and establish rules and regulations for the operation of such schools, provide for the entrance and enrollment of pupils for training therein, to fix and prescribe courses of study to be taught therein, to prescribe the ages, requirements, and conditions under which pupils may be received for instruction in such schools provided that the Judges of the Superior, Juvenile, and City Courts of this State shall be permitted to place in said schools the juvenile offenders (a) who engages in any occupation, calling, or exhibition, or is found in any place for permitting which an adult may be punished by law, or who deports himself, or is in such condition or surroundings or under such improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of such child, or (b) who comes within the provision of any law for the education, care and protection of children, or (c) whose custody is the subject of controversy of any suit; provided, however, that jurisdiction in such cases shall be vested in courts of record where the law now gives courts of record shall have concurrent jurisdiction in all other cases arising under this division of this section. The judge of any court, except as above provided, in which there is pending any suit in which there is involved the question of the custody of any child, shall refer and transfer by proper order said question of custody to the juvenile court to be heard and determined by it.

Section 5. That said State Board of Education be and it is hereby authorized to employ superintendents, necessary teachers, supervisors, and other employees to operate said schools and said board is hereby authorized to fix and pay the salaries and expenses of all employees out of funds made available by appropriations of Congress, the State of Georgia, and gifts or donations for such purposes.

Section 6. That nothing in this act shall be construed as repealing, changing, or modifying any of the laws now in force relative to the establishment of other training schools now in operation in this State nor as repealing, changing, or modifying the laws relative to the public school system of this State, but that this act shall be construed as giving and granting additional and supplemental powers to the State Board of Education relative to the operation of residential schools for delinquent boys and girls of public school age.

Section 7. 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 substi tute, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

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

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Senator Grayson of the 1st moved that the Senate do now adjourn until 11 o'clock Monday morning, and the motion prevailed.

The president pro tempore announced the Senate adjourned until 11 o'clock Monday morning.

MONDAY, FEBRUARY 3, 1947

111

Senate Chamber, Atlanta, Georgia. Monday, February 3, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture J:eading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Richardson Sams Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of Thursday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills and resolutions.
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.

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

HB 6. By Mr. Yawn of Dodge:
A bill to amend an act entitled, "An act to create the office of Commissioner or Roads and Revenues in and for Dodge County." And pertaining to appointment of certified public accountant; and for other purposes.

HB 14. By Mr. Bennett of Barrow:
A bill to abolish the county treasurer of the County of Bartow; to provide for the creation of a depository for said county; to provide the manner and authority by which said depository shall be designated and appointed, etc.; and for other purposes.

HB 37. By Messrs. Bargeron anrl Cates of Burke: A bill to amend the charter of the City of Waynesboro, and for other purposes.

HB 47. By Mr. Hall of Treutlen:
A bill to amend an act of the General Assembly of the State of Georgia, approved August 17, 1920, entitled an act to incorporate the City of Soperton in the County of Treutlen, formerly Montgomery County, Georgia, to define the corporate limits of the City of Soperton; and for other purposes.

HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled "An act to amend an act to abolish the justice courts, and office of the justice of the peace and office of notary public, etc., and to establish and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending the charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus, Georgia; and for other purposes.

HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled "An act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.

MONDAY, FEBRUARY 3, 1947

113

HB 21. By Mr. Crowe of Worth:
A bill to make appropriations for the operation of the State Government, and for other purposes.

HB 26. By Messrs. Johnson and Mallard of Bulloch:
A bill to create the City Court of Statesboro approved August 10, 1903, as amended by an act approved August 14, 1906; and as amended by an act approved August 27, 1931; and as amended by an act approved March 23, 1937; so as to increase the salary of the solicitor of said court; and for other purposes.

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to authorize officers of any county having a population of not less than 70,000
and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc.; and for other purposes.

HB 38. By Mr. Chalker of Pulaski:
A bill to provide that in counties of a certain population where the solicitors general are on salary basis, the method of distribution and disbursement of funds received from fines and forfeitures in excess of costs as prescribed by law; to provide that said excess funds shall be paid from the county treasury by the treasurer or other proper disbursing officer of said counties; and for other purposes.

HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the coroner of a deputy coroner in counties having a population of not less than. 75,484 persons and not more than 75,504 persons; and for other purposes.

HB67.' By Messrs. Eve, Morris and Towill of Richmond:
A hill to abolish in counties of this State having a population of between 81,000 and 82,000 according to the United States census of 1940, or any future United States census, the hoard of county registrars as formerly created by the election laws of this State, and to provide that the county tax collector or the county tax commissioner, as the case may be, shall he the county registrar in such counties; and for other purposes.

HB 68. By Messrs. Eve, Morris and Towill of Richmond:
A hill to prohibit and to regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or by any future United States. census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB69. By Messrs. Eve, Morris and Towill of Richmond:
A hill providing, for counties having a population between 81,000 and 82,000 under the 1940 United States census, or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their

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creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or supe1seding conflicting acts and parts of acts; and for other purposes.

HBSl.. By Messrs. Eve, Morris and Towill of Richmond:
A bill to provide a charter for the City of Augusta; and for other purposes.
Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 2.

SB 7.

SB 12.

SB 25.

SB 27.

SB 28.

Respectfully submitted,

Wideman of 46th District, Chairman

The following bills of the Senate and House were introduced, read the first time and referred to committee:

SB 45. By Senator Arnold of the 50th:
A bill amending an act approved March 25, 1935, pages 876-880, inclusive, Georgia Acts of 1935, changing the name of the Town of Athens to the City of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HB 21. By Mr. Crowe of Worth:
A bill to make appropriations for the operation of the State government; and for other purposes.
Referred to Committee on Appropriations.

HB 68. By Messrs. Eve, Morris and Towill of Richmond:
A bill to prohibit and regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000 according to 1940 U. S. census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 3, 1947

115

HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend Section 21-204 of the Georgia Code 1933 to provide for appointment by the coroner of a deputy coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons according to 1940 U. S. census; and for other purposes.
Referred to Committee on Counties and County Matters.

HB67. By. Messrs. Eve, Morris and J'owill of Richmond:
A bill abolishing in counties having a population of between 81,000 and 82,000 according to 1940 U. S. census, or any future U. S. census, the board of county registrars; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 69. By Messrs. Eve, Morris and Towill of Richmond:
A bill providing for counties having a population of between 81,000 and 82,000 under 1940 U. S. census, or any subsequent census, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 38. By Mr. Chalker of Pulaski:
A bill providing that in counties of a certain population where the solicitors general are on salary basis, the method of distribution and disbursements of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill authorizing officers of any county having a population of not less than 70,000 and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act abolishing the justice courts, and office of the justice of the peace and office of notary public, etc., and providing in lieu thereof a munici pal court in and for the City of Columbus; and for other purposes.
Referred to Committee on Municipal Government.

HB 26. By Messrs. Johnson and Mallard of Bulloch: A bill amending an act creating the city court of Statesboro; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending an act authorizing the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.
Referred to Committee on Municipal Government.

HB 14. By Mr. Bennett of Barrow:
A bill abolishing the office of the county treasurer of the County of Barrow, to pro vide for creation of a depository for said county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending the charter of the City of Columbus, so as to empower said city to assist its employees and officers and members of certain city administration boards, including family dependents, in securing and maintaining policies of hospitalization insurance and other incidental benefits; and for other purposes.
Referred to Committee on Municipal Government.

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending the charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 6. By Mr. Yawn of Dodge:
A bill amending an act creating the office of Commissioner of Roads and Revenues in and for Dodge County, providing for appointment of certified public accountant; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 37. By Messrs. Bargeron and Cates of Burke: A bill amending the charter of the City of Waynesboro; and for other purposes.
Referred to Committee on Municipal Government.
HB 47. By Mr. Hall of Treutlen: A bill amending an act approved August 17, 1920, incorporating the City of Soperton; to define the corporate limits of the City of Soperton; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 3, 1947

117

HB 51. By Messrs. Eve, Morris and Towill of Richmond: A bill to provide a charter for the City of Augusta; and for other purposes.
Referred to Committee on Municipal Government.

The following local uncontested bill was read the third time and put upon its passage:

SB 23. By Senator Millican of the 52nd:
A bill to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155), entitled "An act to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Georgia Laws 1924, p. 255), and the acts amendatory thereof, by reducing and providing that the salary of the solicitor-general shall be fixed at a certain amount per year; to amend the aforesaid act as amended by the act approved August 6, 1925 (Georgia Laws 1925, p. 509) by providing that the ~alary of the chief assistant solicitor-general and the salary of the second assistant solicitor-general shall be fixed at certain amounts; and for other purposes by fixing the salary of the solicitor-general at a certain amount per annum and by providing the manner and method of paying 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 hill, the ayes were 43, nays 2.
The hill, having received the requisite constitutional majority, was passed.
The following general hills of the Senate were read the third time and put upon their passage:

SB 29. By Senators Coker of the 39th, Hooks of the 16th, Arnold of the 50th, Woodall of the 25th, Griffith of the 28th, and Sumner of the lOth:
A bill to amend an act of the legislature as to certain sections of the code regulating the practice of nursing and creating a hoard of examiners of nurses for Georgia; to eliminate a license for undergraduate nurses; provide by license of practical nurses; provide an enforcement officer and investigator; to repeal certain sections of the present code; 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 36, nays S.
The hill, having received the requisite constitutional majority, was passed.

SB 33. By Senator Woodall of the 25th:
A hill to amend section 32-1006 of the code of 1933 relating to the classification and compensation of county school superintendents said section was enacted by an act approved January 31, 1946, Georgia Laws 1946, pages 73-74, by striking from lines 12 and 13 the words "no more than $100.00 per month," and to provide how said section when so amended shall read; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 1.

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

SB 32. By Senators Daniel! of the 49th, Huckeba of the 37th and Wideman of the 46th:
A bill to amend the act of February 10, 1937, Georgia Laws 1937, pp. 864-869, entitled an act to establish a State Board of Education, etc., by adding a new para graph to be known as section 3-A, to provide that the elementary grades of the common schools shall embrace grades 1-7 inclusive, and no other; and the high school grades shall embrace grades 8-12 inclusive and no other; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend SB 32, line 6 and 7 of caption, by striking word "to" and inserting in lieu the word "thru". Amend section 1, lines 8 and 9, the word "to" and insert in lieu thereof the word "thru". Amend section 2, line 10 and 11, by striking the word "to" and inserting in lieu thereof the word "thru". Amend section 4, line 8, by striking the word "to" and inserting in lieu thereof the word "thru".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following report of the committee was read by the secretary:
Committee on Special Judiciary announced the following in connection with HB 13, known as the white primary bill.
Due to the importance of the legislation and the .limited time allowed for public meet ing and hearing, the hearings shall be limited to white citizens of the State and any other groups are requested to submit their position by letter, petition or brief.
Senator Grayson of the 1st moved that the Senate do now adjourn until 11 o'clock tomorrow morning.
The motion prevailed.
The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

TUESDAY, FEBRUARY, 4, 1947

119

Senate Chamber, Atlanta, Georgia. Tuesday, February 4, 1947.

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

Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Overstreet Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe. Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 and resolutions. 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.

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JOURNAL OF THE SENATE,

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

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

HB 1. By Mr. Hand of Mitchell:
A bill to prevent the office of comiDlssioner of revenue of the State of Georgia from being used for political purposes; and for other purposes.

HR 8. By Mr. Greene of Crisp:
A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to State for farmers' market site; and for other purposes.

HB 9. By Messrs. Twitty and Hand of Mitchell:
A bill to amend the charter of the City of Camilla, to provide for a city manager form of government for said city; and for other purposes.

HB 42.

By Mr. Pulliam of Elbert:
A bill to repeal section- 801 of chapter 23, of the Code of Georgia, in reference to a vacancy in the office of commissioner of roads and revenues in any county, and substituting in lieu thereof a new section, providing for the filling of such vacancies; and for other purposes.

HB 53.

By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend section 68-803 of the Code of Georgia of 1933. To provide for jurisdiction of the courts of this State over non-resident motorists using the highways of this State; and for other purposes.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee: A bill to incorporate the town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; and for other purposes.
The House has adopted the following resolution of the House, to wit:

HR32.

By Mr. Welsch of Cobb:
A resolution providing for the appointment of a committee to make inquiry as to what financial aid, or assistance, if any, may he made in behalf of the musicians comprising the football bands at Georgia Tech and the University of Georgia, and to make inquiry as to the feasibility of the State's taking over the responsibilities of the operations of the athletic programs, especially football; and for other purposes.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

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

SB 23. SB 29. SB 32. SB 33.

Respectfully submitted,
Wideman of 46th District, Chairman

TUESDAY, FEBRUARY 4, 1947

121

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

SB 46. By Senator Millican of the 52nd:
A bill to amend an act establishing the criminal court of Atlanta so as to adjust salaries of judges and solicitor; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 47. By Senator Millican of the 52nd:
A bill to amend title 36, code 1933, by adding a proviSlOn for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future school census; and for other purposes.
Referred to Committee on Municipal Government.

SB 48. By Senator Millican of the 52nd:
A bill to prevent the spread of syphilis through marriage; to require serological test and physician's examination and certificate before issuance of marriage license; to provide exceptions; appeal to superior court; to fix penalty; and for other purposes.
Referred to Committee on Public Health.

SB 4.9. By Senator Darby of the 15th: A bill amending an act creating a new charter for the city of Vidalia by inserting: "That all persons desiring to become candidates in the primary election in and for the city of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with clerk of said city at least 30 days before said election"; and for other purposes.
Referred to Committee on Municipal Government.
SB 50. By Senator Darby of the 15th: A bill amending an act creating a new charter for the city of Vidalia by adding: "That no person holding an official office in the city of Vidalia shall be qualified to offer as a candidate for an elective office in the city of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for re-election to the office he then holds"; and for other purposes.
Referred to Committee on Municipal Government.
HR 8. By Mr. Greene of Crisp: A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to the State for farmers' market site; and for other purposes.
Referred to Committee on State of Republic.

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HB 1. By Mr. Hand of Mitchell:
A bill to prevent the office of commissioner of revenue of the State of Georgia from being used for political purposes; and for other purposes.
Referred to Committee on Special Judiciary.

HB 9. By Messrs. Twitty and Hand of Mitchell:
A bill to amend the charter of the city of Camilla, to provide for a city manager form of government; and for other purposes.
Referred to Committee on Municipal Government.

HB 42. By Mr. Pulliam of Elbert:
A bill to repeal section 801 of chapter 23, Georgia Code, in reference to a vacancy in the office of commissioner of roads and revenues in any county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend section 68-803 of Georgia Code 1933 to provide for jurisdiction of the courts of the State over non-resident motorists using the highways of this State; and for other purposes.
Referred to Committee on General Judiciary.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee:
A bill to incorporate the town of Nelson in Cherokee and Pickens counties, and to grant certain powers and privileges to said town; to create a new charter; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Trippe of the 38th District, chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

TUESDAY, FEBRUARY 4, 1947

123

SB 15. Do Pass. SB 36. Do Pass. SB 37. Do Pass. SB 38. Do Pass. SB 39. Do Pass. SB 40. Do Not Pass. SB 41. Do Pass.

Respectfully submitted,
Trippe of 38th District, Chairman

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

SB 15. By Senator Millican of the 52nd:
A bill to amend an act of March 20, 1943, known as authorizing and maintammg common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by banks of stocks and investment securities, by insert ing therein a new provision as to the purchase of obligations of the federal gov ernment and its instrumentalities; and for other purposes.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of boards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.

SB 38. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A hill to amend section 13-2001 of the Code of Georgia of 1933, relating to the boards of directors of banks, by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; and for other purposes.

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 109-406 of the Georgia Code of 1933, relating to boards of ' directors of banks which have acquired trust powers, by providing that the direc
tors may appoint an executive committee of three; and for other purposes.

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JOURNAL OF THE SENATE,

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th, Adams of the 23rd:
A bill to amend section 67-103 of the Georgia Code of 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 67-103; and for other purposes-

The president presented to the Senate the seventh grade of Boulder Crest School, East Atlanta, with their teacher, Mrs_ Ira Jones.

Senator Weaver of the 51st moved that the Senate do now adjourn until 11 o'clock tomorrow morning.

The motion prevailed.

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

WEDNESDAY, FEBRUARY 5, 1947

125

Senate Chamber, Atlanta, Georgia. Wednesday, February 5, 1947.

The Senate met pursuant to adjournment at ll o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by Senator Hooks of the 16th.

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

Adams Arnold Baker Blitch Boone Branch Burks Bush Butler Callaway Carswell Coker Daniell Darby Dean Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 hills and resolutions.

2. First reading of bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. Consideration of local bills of the House and Senate for passage.

6. Consideration of general bills of the House and Senate for passage.

The consent was granted.

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JOURNAL OF THE SENATE,

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

SB 51. By Senators Weaver of the 51st and Hooks of the 16th: A bill to prevent the intimidation of registrars and their deputies while in the discharge of their duties; to declare such action a felony; and that in addition the offender shall be disfranchised; and for other purposes.
Referred to Committee on General Judiciary.

SB 52. By Senator Parker of the 54th: A bill amending an act creating a board of commissioners of Road and Revenues of Appling county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 53. By Senators Sumner of the lOth, Coker of the 39th, and Griffith of the 28th: A bill amending section 88105 of Georgia Code, relating to election, qualifications, term of office, compensation, bond, etc., of the director of public health; and for other purposes.
Referred to Committee on Public Health.

SB 54. By Senator Millican of the 52nd: A bill to regulate the practice of architecture in this State; and for other purposes.
Referred to Committee on General Judiciary.

Mr. Mason of the 30th District, chairman of the Committee on Public Utilities, sub milled the following report:

Mr. President:
Your Committee on Public Utilities has had under C()nsideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 21. Do Pass.

Respectfully submitted,
Mason of 30th District, Chairman

WEDNESDAY, FEBRUARY 5, 1947

127

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

SB 34. Do Pass. SB ~. Do Pass. HB 32. Do Pass._ HB 38. Do Pass. HB 63. Do Pass. HB 67. Do Pass. HB 69. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

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

SB 21.

By Senator Millican:
s; A bill to be entitled an act to amend an act approved March 1945, entitled "an
act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street, railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution of and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street, railroad and bus properties and franchises, etc." so as to make the same applicable to street railway companies owning and operating hydro-electric plants; and. for other purposes.

SB 34. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 16, 1939, entitled "an act to provide that counties having a population of more than two hundred thousand by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments hut not to supernumeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.

SB 35. By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the board of education of Fulton county to establish a pension fund; and for other purposes.

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JOURNAL OF THE SENATE,

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to be entitled an act to authorize officers of any county having a population of not less than 70,000 and not more than 80,000, according to 1940 census, who have charge of records, to install and use photostatic equipment in recording and copying records, etc.; and for other purposes.

HB 38. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide that in counties of a certain population where the solicitors general are on salary basis, the method of distribution and disbursements of funds received from fines and forfeiture in criminal matters in excess of costs as prescribed by law; and for other purposes.

HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend Section 21-204 of the Georgia Code 1933 to provide for appointments by the coroner of a deputy coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons according to 1940 U. S. census; and for other purposes.

HB67. By Messrs. Eve, Morris and Towill of Richmond:
A bill abolishing in counties having a population of between 81,000 and 82,000 according to 1940 U. S. census, or any future U. S. census, the board -of county registrars; and for other purposes.

HB 69. By Messrs. Eve, Morris and Towill of Richmond:
A bill providing for counties having a population of between 81,000 and 82,000, under 1940 U. S. census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.

The following privileged resolution was read and adopted:
By Committee on Municipal Government and Committee on Counties and County Matters:
WHEREAS, many local bills have already been received in the Senate from the House pertaining to one particular ,county; and,
WHEREAS, a number of these bills do not carry affidavit from the author as well as affidavit from the publisher from the official paper of the county as provided in the new constitution; and,
WHEREAS, the members of the two committees named above feel that such bills should not be passed by the Senate unless the Senate has information that said bills have been advertised according to law;
THEREFORE, BE IT RESOLVED, that the members of the House be advised through this resolution that all local bills sent to the Senate by the House must have attached an affidavit from the member or affidavit from the publisher that the bill has been advertised as required by law and if such original affidavit was placed in the bill when it was introduced in the House that the clerk of the House certify on the copy of the bill sent to the Senate that same has been advertised and original affidavit is on file with the original copy of the bill.

WEDNESDAY. FEBRUARY 5, 1947

129

BE IT FURTHER RESOLVED, that the members of the Senate be advised that this also applies to local bills introduced in the Senate and same must be accompanied by affidavit from the author of the bill and publisher of the official paper of the particular county.
BE IT FURTHER RESOLVED, that this resolution be passed and sent to the House as information.

The Committee on Penal Institutions offered the following report which was read by the secretary :
To: His Excellency, The Governor of Georgia: To: The General Assembly of Georgia: To: The Department of Corrections:

The Committee on Penal Institutions of the Georgia State Senate and the House of Representatives for the years 1945 and 1946 respectfully submit for your consideration the following report:
We have visited the state highway camps and every county work camp in the State, and, with few exceptions, decided improvements have been made within the past two years. We have made reports to, and discussed matters personally with the director of the State Department of Corrections on numerous occasions, and he has carried out our recommendations in detail and great results have been accomplished. We have recommended that some of the worst camps be abolished and turned back to the State. This has been done.
We found the worst conditions existed in the Old Capitol camp at Milledgeville, and it has been necessary that your committee make several visits to the camp. They have now moved to the building known as the T. B. building and now have one of the best camps in the State.
It is with pardonable pride that this committee has seen built-where a few years ago were the old wooden buildings, steel cages, and barns, which were used to house prisonerscamps consisting of modern reinforced brick and concrete stockades, adequately ventilated, with sufficient heat, food, clothing and bedding, also running hot and cold water and sanitary disposal.
Members of this committee have been called into numerous conferences with wardens, county officials, director of the Department of Corrections, and the Governor. These conferences were for the purpose of formulating plans in detail to improve the Georgia penal system and raise it to a high standard above the criticisms to which it has been subjected. We have spent considerable time in going into each county in which prisoners were confined and discussing this matter personally with the various county officials and the inmates themselves.
We have compiled reports on every county and every State camp, and when your committee felt it was necessary these reports were forwarded to the director of the Board of Corrections, and we believe that these reports have proven valuable assistance toward improving conditions in the penal system.
In a number of counties where they have been unable to build new stockades, with few exceptions they have remodeled and improved the county stockades, and the prisoners are now being treated more huma.nely than in previous years. When making our visitations, when we saw fit to recommend that a camp be abolished due to inadequate facilities, and

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due to lack of proper supervision, your committee did not hesitate to recommend that the camp be abolished and the prisoners be turned back to the State. It is a matter of great satisfaction to your committee that we can report that there is not now a cage-type camp in Georgia. During the year 1946 Bulloch, Walker, Washington and Crisp counties have either completed or will have completed within a short time modern type camp buildings. When we saw fit to recommend new improvements about any particular camp, we likewise took the matter up with the proper authorities. On the other hand, the committee has always been ready and willing to commend any county or prison camp for making progress in penal work.

As to the progress that has been made during the past few years in the Georgia penal system in the way of bringing the same up to its much higher standard than previously, it
is with pride that we attribute this largely to the penitentiary committee, which committee' functions with th~se phases of the penal system in mind.

The committee recommends that as soon as a prisoner is found to be suffering from any disease, that he be isolated at once from the other prisoners and be placed in the hospital, which the law requires each county and state camp to maintain. Where a prisoner is found to have contagious or infectious disease, same to be reported to the director of the Board of Corrections, with request that he or she be transferred to the State Prison at Reidsville.

Your committee finds that the law in reference to the segregation of prisoners has not been enforced as it should be, although much progress has been made, and we recommend that the young first offenders be sent to a central receiving camp, and after they have realized the seriousness of the crime committed, that they either be paroled or sent to the reformatory. We believe that many hardened criminals have been made by the first offenders being sent to a regular camp and being made to associate with the hardened criminals.

We find that there are a number of aged prisoners who should be paroled, and we recommend that the wardens furnish the Prison and Parole Commission with the names and other information regarding these prisoners, and that the Prison and Parole Commission give. these recommendations serious consideration, and where they find that they are worthy, that if possible, a pardon or parole be given them.

Your committee recommends that the indeterminate sentence law be clarified by making it mandatory that prisoners be released at the expiration of their minimum sentence with good time allowance if their conduct has been satisfactory. Prisoner morale requires that this matter be clarified, as when it is uncertain as to whether or not good conduct will bring about their release at the expiration of their minimum sentences causes them to be restless and has in some instances contributed to the prisoner's escape.

Your committee recommends that another State prison be built, centrally located, to house hardened criminals, and that as far as is possible all manufacturing enterprise be placed at the new prison, as the facilities at the Tattnall State Prison are such that hardened criminalscannot be profitably employed in that institution. Due to the fact that there is no railroad touching the Georgia State Prison, it is too expensive to transport raw materials to the state prison and then truck the finished product away.

Your committee found that the state and county camps have given more attention to the prisoners who are physically afflicted and not able to work, and have had these pris oners transferred to the state penitentiary where facilities are available and treatment could be given.

WEDNESDAY. FEBRUARY 5, 1947

131

The committee finds the following as of December 20:

POPULATION AT THE GEORGIA STATE PRISON AT THE CLOSE OF BUSINESS, DECEMBER 20, 1946

White male prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 899

White female prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

Colored male prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487

Colored female prisoners

121

1,602

Misdemeanor prisoners . . . . . . . . . . . . . . . . . . . . . . . . 257

Felony prisoners

1,345

1,602 Total number escapes in 1946.................... 74
Total number recaptures in 1946.................. 67

PUBUC WORKS CAMPS AND OTHER PRISON INSTITUTIONS POPULATION AS OF DECEMBER 1, 1946

Colored male misdemeanors . . . . . . . . . . . . . . . . . . . 663

White male misdemeanors . . . . . . . . . . . . . . . . . . . . . . 293

Colored female misdemeanors . . . . . . . . . . . . . . . . . 56

White female misdemeanors

0

1,012 Colored male felonies . . . . . . . . . . . . . . . . . . . . . . . . 2,278

White male felonies . . . . . . . . . . . . . . . . . . . . . . . . . . . 567

Colored female felonies . . . . . . . . . . . . . . . . . . . . . . . . 65

White female felonies

0

2,910 Total camp population . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,922
Total Georgia State Prison . . . . . . . . . . . . . . . . . . . . . . . . . 1,602

TOTAL PRISON POPULATION................... 5,524

In addition to the Georgia State Prison at Reidsville there are 96 county public works camps or institutions operating in 8'5 Georgia counties. There are also 3 state camps.
We find that the farm at Tattnall has been very successfully and economically operated. We hereby attach copy of inventory made to us by Warden Aderhold, which is made a part of this report. The buildings, which have something over eight acres of floor space, are way above the average and unexcelled. We found on our various visitations to the prison that the kitchen, mess halls, sleeping quarters and all parts of the buildings were spotlessly clean and the sanitary conditions the best. The same sanitary conditions exist at the woman's stockade which is approximately one half mile from the entrance to the main building.
The committee wishes to commend Governor Ellis Arnall; the officials at Tattnall Prison, headed by Warden A. C. Aderhold, and his assistants; Mr. C. A. Williams, director
of the Department of Corrections; Mr. J. B. Hatchett, assistant director, and all concerned,

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for their efforts and accomplishments. Also for their cooperation with the committee in bringing about the constructive change in our penal system. These officials have labored faithfully, much of the time under considerable handicaps unknown to most of the people of the State, and should be publicly commended for the results obtained.

In considering the above recommendations and requests, please do not fail to consider that the present problem in Georgia is a tremendous problem. That besides the very heavy maintenance expenses there are large administrative problems in the administration and in the operation of such a large prison system, and the supervision and control of what we are informed is one of the most extensive systems in the world, and the proper administra tion of such system is no small item.

We have tried to present to you as concisely and clearly as possible a picture of the penal system of the State. We are very proud of our work, and submit that, without the work that has been done, the improvements in the State penal system would not have been nearly as great, and that the criticisms which have been made on our penal system would still be thrust at the State of Georgia as it has in the past.

We believe that during the past two years the entire penal system of Georgia has been raised to a much higher standard, a standard in keeping with that which should be, and one to which we can point with pride.

In conclusion, we are deeply grateful to all those who have been of assistance to us in this highly important and worthwhile investigation by the Senate and House committees for the years 1945 and 1946.
Respectfully submitted,
John Mavity, Chairman 0. W. Hill, Vice Chairman
On the part of the Senate, Dec. 31, 1946.

Frank L. Baker, Jr., Chairman C. Z. Harden, Vice Chairman
E. L. Almand, Secretary
On the part of the House, December 31, 1946.

The following is a brief production report for the calendar year of 1946 as made to your committee by Warden A. C. Aderhold, Georgia State Prison, Reidsville, Ga.

MILK PRODUCTION
Total production in milk from January 1, 1946, to December 1, 1946, was 867,231 pounds. This figure includes milk fed to calves, delivered to the institution and milk delivered to employees of the institution.
The purebred Jersey herd as of December 1, 1946, consists of 59 cows, 3 bulls, 20 yeMling heifers, 18 yearling bulls, 5 heifer calves, 18 bull calves. On the last annual bull sale 20 registered bulls were sold to Georgia dairymen. The grade herd has a total count of 107. 72 of these are cows.

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133

EGG PRODUCTION
Egg production of the poultry flock was extremely good until the fall, and production is at a normal level at present for second year layers. From January 1, 1946, to Decem her 1, 1946, 36,714 dozens of eggs were produced. 224 pounds of non-productive hens and 2,810 pounds of fryers were delivered to the institution. December 1st inventory shows 3,252 layers, 27 roosters, 303 fryers and 350 baby chicks.

BEEF AND PORK PRODUCTION Beef production at the prison was somewhat hampered by lack of pastures. However, the farm delivered 43,723 pounds of beef to the institution since January 1, 1946. December 1, 1946, inventory showed that the institution had a count of 296 head.
Inventory on hogs showed that the institution had a total count of 1,255 hogs on De cember 1, 1946, which was the largest count for hogs at that time of year for the past four years. 121,324 pounds of pork was delivered to the institution from January 1, 1946, to December 1, 1946.
HORSES AND MULES
December 1 inventory shows 90 mules, 33 horses, 3 mule colts, 1 stallion and 1 jack.

GENERAL SUMMARY OF CROPS
We consider the crop here at the prison as one of the best for many years. Weather conditions were favorable throughout the growing period of most crops.
With the number of livestock on hand on the farm it is necessary to produce large quantities of feed stuff, such as small grains, corn, sweet potatoes, hay, etc.
381 acres of harvested oats produced 20,395 bushels. This is an average of 42.4 bushels to an acre. 20 acres of wheat produced 599 bushels, and 6 acres of barley produced 145 bushels. This fall 70 acres of wheat and 90 acres of barley were planted for harvest, also 575 acres of oats.
In addition to the grain that was harvested, 150 acres of oats were hogged off. The estimated yield of these oats was 5,400 bushels. In the fall of 1945, 676 bushels of oats and vetch, straight oats, rye and vetch and barley were planted for grazing during the winter and spring of 1946. This fall 617 acres of the same crops, except barley were planted for grazing. Part of the grazing was sown in early September and we started grazing in early October.
Hay production in 1946 was 7,500 bales. This does not include hay crops that were raised as soiling crops.
In addition to small grain for grazing approximately 250 acres of cattail millet for grazing was planted last spring.
1,090 acres of corn produced an estimated 38,522 bushels. This gives an average yield of approximately 35 bushels to an acre. In making this estimate we figure 3% cubic feet per bushel in the crib. In addition to corn harvested, approximately 135 acres were hogged off. 150 acres of com and sorghum were cut for silage. We had approximately 901 tons of silage.
Based on yield of peanuts that were harvested for seed an estimated 50 tons of peanuts were hogged off. Approximately 100 acres of grain sorghum was cattled off, estimated yield on this 100 acres was 2,500 bushels of grain.

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This fall 200 acres of Austrian winter peas and 300 acres of blue lupine were planted for cover crop.

Approximately 650 acres of land were used for vegetable production. This includes stringbeans, cucumbers, turnip greens, cabbage, collards, eggplant, lettuce, onions, okra, peas, Irish potatoes, sweet potatoes, tomatoes, squash, cane, etc.

The following figures include only the vegetables that were consumed fresh: snap beans 71,499 lbs. Cucumbers 8,982 lbs. Corn 38,859 ears. Cabbage 18,658 lbs. Carrots 21,627 lbs. Eggplants 2,858. Lettuce 1,525 lbs. Okra 14,050 lbs. English peas 718 lbs. Green peas 3,480 lbs. Onions 18,192 lbs. Sweet potatoes 146,080 lbs. Irish potatoes 76,043 lbs. Tomatoes 14,445 lbs. Squash 27,774 lbs. Turnips 6,639 lbs. Turnip greens 30,027.

Production O'f Irish potatoes and onions was much greater than is shown in above figures, but because of lack of storage facilities it was impossible to keep them in eatable condition.

46.3 acres of cane produced 15,917 gallons of syrup. In addition to sweet potatoes that had been dug and fed at the institution, approximately 7,500 bushels were banked and approximately 50 acres were left to be hogged off.

CANNED PRODUCTS
In addition to the vegetables that were consumed fresh, the following products were canned at the institution: lima beans, 4,983 cans; snap beans, 19,500 cans; corn, 4,292 cans; tomatoes, 12,473 cans; squash, 6,240 cans; peas, 2,806 cans; garden peas, 1,087 cans; carrots, 2,037 cans; tomato juice, 2,740 cans. Miscellaneous vegetables and fruits amounted to a total of 1,765 cans. Pickles, 2,000 cans.

NAVAL STORES
The sum of $9,815.36 was received from turpentine and rosin in the turpentine project.
Senator Coker of the 39th moved that the Senate do now adjourn until 11 o'clock tomorrow morning, and the motion prevailed.
The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

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135

Senate Chamber, Atlanta, Georgia. Thursday, February 6, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by Senator Hooks of the 16th.

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

Adams Arnold Baker Blitch Boone Branch Burks Bush Butler Callaway Carswell Coker Daniell Darby Dean Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Mitchell Odom Overstreet

Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reponed 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 Daniell of the 49th 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. Repons of standing committees..

4. Second reading and reference of bills and reSolutions.

5. Consideration of local uncontested bills and resolutions and general bills and resolutions with local application.

6. Consideration of general bills and resolutions.

The consent was granted.

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JOURNAL OF THE SENATE,

Senator Weaver of the 51st asked unanimous consent that when the Senate adjourn today, it stand adjourned until 11 o'clock Monday morning, February 10, 1947.
The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following hills and
resolution of the House, to wit:
HB 17. By Mr. Hicks of Floyd: A hill to provide for the payment of attorney's fees in all citations for contempt, upon the hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.
HB 18. By Mr. Hicks of Floyd: A hill to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State; to provide for service thereof, and to provide for an attorney-in-fact for service upon such administrators and executors; and for other purposes.
HB 19. By Mr. Hicks of Floyd:
A hill to provide that a brief of evidence in all motions for new trial shall he dispensed with and shall not he required in certain cases; to provide that assignments of error in hills of exceptions shall not he required upon the final judg ment in certain cases; and for other purposes.
HB 48. By Mr. Ray of Warren:
A hill to authorize the commissioners of roads and revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than 10,240 nor less than 10,230 according to the federal census of 1940, and all future federal census, to pay to the tax receivers of said counties the sum of three hundred fifty dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officers; to provide the effective date; and for other purposes.
HB 87. By Messrs. Wells and Joel of Clarke:
A hill to repeal an act approved February 16, 1943, entitled "An act to require all candidates for the General Assembly in .counties having a population between 28,398 and 28',420 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents."; and for other purposes.
HB 89. By Mr. Ingle of Gordon: A hill to amend an act entitled "An act to create the office of commiSSioner of roads and revenues in and for Gordon County, Georgia; to provide for the election of such officer, prescribe his duties and powers; fix his salary and terms of office, provide for the management of affairs of said county; and for other purposes."

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137

HB 92. By Mr. Garrett of Brooks:
A bill to authorize and direct the commissioners of Brooks County, Georgia, or the governing authorities that may have charge of the fiscal affairs of said county, to pay compensation to any lawful or law enforcing officer who is or hereafter permanently disabled in line of duty the sum of $100.00 per month; and for other purposes.

HB 102. By Mr. Lockett of Randolph:
A bill to amend the several acts creating a board of commissiOners of .roads and revenues for Randolph county; and for other purposes.

HB 108. By Mr. Bostwick of Early:
A bill to amend an act approved August 9, 1929, entitled an act to amend an act approved July 30, 1927, Ga. Laws 1927, page 566, entitled "An act to create the office of tax commissioner of Early County"; and for other purposes.

HB 109. By Mr. Williams of Mcintosh:
A bill to be entitled an act to repeal in its entirety an act approved January 25, 1945 (Acts 1945, pp. 496-497), entitled "An act to amend the act of February 26, 1876, creating commissioners of Mcintosh county, as ame~ded by an act approved July 31, 1913, so as to have said commissioners elected for a term of two (2) years; to create commissioner districts; to provide for qualifications for commissioners; to provide nominations of candidates from such districts; provision for voters to vote in different districts; and for other purposes."

HB 110. By Mr. Williams of Mcintosh:
A bill to amend the act of February 26, 1876, creating commiSSioners of Mcintosh county, as amended by an act approved July 31, 1913, so as to have said commissioners elected for a term of two years; to create commissioner districts; to provide for qualifications of commissioners; to provide nomination of candidates from such districts; and for other purposes.

HB 111. By Mr. Wells of Lincoln:
A bill to provlde for the appointment by the sheriff of Lincoln County, Georgia, of a deputy sheriff of Lincoln County, Georgia, to provide for the amount of his compensation, term of office, and method of payment; and for other purposes.

HB 112. By Mr. Wellsof Lincoln:
A bill to amend an act approved August 16, 1916, as amended by an act approved March 12, 1941, to provide for the compensation for the treasurer of Lincoln County; and for other purposes.

HB 123. By Mr. Tuten of Appling:
A bill to amend section 21-105 of the Code of Georgia of 1933 so as to provide for an increase in the fees of coroners in counties having a population of not less than 14,490 and not more than 14,500, according to the United States census of 1940, or any future United State census; and for other purposes.

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JOURNAL OF THE SENATE,

The House has adopted the following resolution of the House, to wit:

HR 38. By Messrs. Clark of Liberty, Glisson of Evans, Watford of Long, and Smith of Bryan:
A resolution whereas a resolution was duly passed by the General Assembly of Georgia at the regular session of 1945, and approved March 6th, 1945, as appears in the Acts of the General Assembly 1945 on pages 1214 and 1215 in reference to the sale of lands, etc., of Camp Stewart; and for other purposes.

The following bills and resolutions of the Senate and House were introduced, read the first time and referred to committees:
SB 55. By Senators Pannell of the 43rd and Boone of the 21st:
A bill to provide that a brief of evidence in all motions for new trial shall be dispensed with and shall not be required in certain cases; to provide that assign ments of error in bills of exceptions shall not be required upon the final judgment in certain cases; and for other purposes.
Referred to Committee on Special Judiciary.

SB 56. By Senators Boone of the 21st and Pannell of the 43rd:
A bill to provide for the venue of suits and citations, for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State; to provide for service thereof, and to provide for an attorney-in-fact for service upon such administrators 'and executors; and for other purposes.
Referred to Committee on Special Judiciary.

SR 14. By Senators Kikj!r of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee- by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.
Referred to Committee on State of Republic.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing and directing th_e attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the states of Georgia and Tennessee in the event the State of Tennessee fails to agree upon said boundary line the commission heretofore authorized; and for other purposes.
Referred to Committee on State of Republic.

THURSDAY, FEBRUARY 6, 1947

139

HB 17. By Mr. Hicks of Floyd:
A bill providing for payment of attorney's fees in all citations for contempt, upon hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.
Referred to Committee on General Judiciary.

HB 18. By Mr. Hicks of Floyd:
A bill providing for venue suits and citations for settlement, accounting or removal, against nonresident administrators and executors or guardians appointed by any court of this State; to provide service thereof, and to provide attorneyinfact for service upon such; and for other purposes.
Referred to Committee on General Judiciary.

HB 19. By Mr. Hicks of Floyd:
A bill providing that a brief of evidence in all motions for a new trial shall be dispensed with and shall not be required in certain cases; to provide that assign ments of error in bills of exceptions shall not be required upon final judgment in certain cases; and for other purposes.
Referred to Committee on General Judiciary.

HB48. By Mr. Ray of Warren:
A bill to authorize commissioners of roads and revenues of all counties having a population of not more than 10,240 nor less than 10,230 according to 1940 or future U. S. census, to pay to the tax receivers of said counties the sum of $350.00 per year, payable annually on or before December 20th, in addition to fees and com pensations now paid; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 87. By :\Iessrs. Wells and Joel of Clarke:
A bill to repeal an act approved February 16, 1943, requiring all candidates for the General Assembly in counties having a population between 28,398 and 28,420 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 89. By Mr. Ingle of Gordon:
A bill amending an act creating the office of commissioner of roads and revenues in. Gordon county; to provide for election of such officer, prescribe his duties and powers; fix salary, terms of office, provide for management of affairs of county; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 92.

By Mr. Garrett of Brooks:
A bill authorizing and directin~ the commissioners of Brooks county, or governing authorities that may have charge of fiscal affairs of said county, to pay compensation to any lawful or law enforcing officer hereafter permanently disabled in line of duty $100.00 per month; and for other purposes.

Referred to Committee on State of Republic.

HB 102. By Mr. Lockett of Randolph: A bill amending several acts creating a board of commissioners of roads and revenues for Randolph county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 108. By Mr. Bostwick of Early: A bill to amend an act creating the office of tax commissioner of Early county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 109. By Mr. Williams of Mcintosh:
A bill to repeal in its entirety an act creating comnusswners of Mcintosh county; to create commissioner districts; to provide qualifications of commissioners; to provide nominations of candidates from such districts; provision for voters to vote in different districts; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 110. By Mr. Williams of Mcintosh:
A bill to amend an act creating commiSsioners of Mcintosh county, so as to have said commissioners elected for a term of two years; to create commissioners districts; to provide for qualifications of commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 111. By Mr. Wells of Lincoln:
A bill to provide for appointment by the sheriff of Lincoln county of a deputy sheriff, to provide compensation, term of office and method of payment; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 112. By Mr. Wells of Lincoln: A bill to amend an act to provide for the compensation for the treasurer of Lincoln county; and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, FEBRUARY 6, 1947

141

HB 123. By Mr. Tuten of Appling:
A hill to amend section 21-105, Georgia Code 1933, so as to provide an increase in fees of coroners in counties having population of not less than 14,490 and not more than 14,500, according to 1940 or future U. S. census; and for other purposes.

Referred to Committee on Counties and County Matters.

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:

HR 8. Do Pass.

Respectfully submitted,
Weaver of 51st District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following hill of the Senate and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:

SB 52. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

Mr. Mason of the 30th District, chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following hill of the Senate and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:

SB 43. Do Pass.

Respectfully submitted,
Mason of 30th District, Chairman

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JOURNAL OF THE SENATE,

Mr. Killingsworth of the 11th District, vice-chairmen of the Committee on Municipal Government, submitted the following report:

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

SB 49. Do Pass.

SB 50. Do Pass.

Respectfully submitted,
Killingsworth of 11th District, Vice-Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 15. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

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

SB 52. By Senator Parker of the 54th:
A bill amending an act creating a board of commissioners of roads and revenues of Appling county; and for other purposes.

SB 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the 1st:
A bill to amend section 94-506 of chapter 94-5 of Georgia Code of 1933, relating to railroad crossings, by striking from said section the following "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast", and inserting in lieu thereof "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.

SB 49. By Senator Darby of the 15th:
A bill amending an act creating a new charter for the City of Vidalia by inserting that all persons desiring to become candidates in the primary election in and for the City of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with clerk of said city at least 30 days before said election; and for other purposes.

THURSDAY, FEBRUARY 6, 1947

143

SB 50. By Senator Darby of the 15th:
A bill amending an act creating a new charter for the City of Vidalia by adding that no person holding an official office in the City of Vidalia shall he qualified to offer as a candidate for an elective office in the City of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for reelection to the office he then holds; and for other purposes.

HR 8. By Mr. Greene of Crisp:
A resolution to reconvey 18 acres of land to Crisp county, formerly conveyed to State for farmers' market site; and for other purposes.

HB 15. By Messrs. Hurt and Adams of Polk:
A hill to he entitled an act to repeal an act approved December 27, 1898, Georgia Laws 1838, pp. 7576, to abolish the charter of the Town of Van Wert in Paulding county, now Polk county, to provide for a referendum; and for other purposes.

The following hills of the House were read the third time and put upon their passage:
HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A hill to authorize officers of any county having a population of not less than 70,000 and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 69. By Messrs. Eve, Morris and Towill of Richmond.
A hill to provide for counties having a population between 81,000 and 82,000 under the 1940 U. S. census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The president presented to the Senate the Chamblee High School civics class of DeKalb county with their teacher, Mrs. Tribble.

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JOURNAL OF THE SENATE,

HB 67. By Messrs. Eve, Morris and Towill of Richmond:
A bill to abolish in counties of this state having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or any future U. S. census, the board of county registrars; and for other purposes.

The report 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 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the coroner of a deputy coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons according to the U. S. census of 1940; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 38. By Mr. Chalker of Pulaski:
A bill to provide that in counties of a certain population where the solicitors general are on salary basis, the method of distribution and disbursements of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read:

HR 38. By Messrs. Clark of Liberty, Glisson of Evans, Watford of Long, and Smith of Bryan:
A resolution urging that the government immediately carry into effect a resolution of the General Assembly approved March 6, 1945, and condemning the government to use or dispose of the timber on the lands embraced in the Camp Stewart Military Reservation; and for other purposes.
Senator Howard of the 3rd asked unanimous consent that the resolution be adopted.

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145

The consent was granted and the resolution was adopted.

Senator Pannell of the 43rd asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock Monday -morning, and the consent was granted.

Senator Pannell of the 43rd moved that the Senate do now adjourn, and the motion prevailed.

The president pro tempore announced the Senate adjourned until 11 o'clock Monday morning, February lOth, 1947.

146

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 10, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Burks Bush Butler Callaway Coker Daniell Darby Dorsey Ferguson Grayson Griffith

Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 hills and resolutions.
2. First reading and reference of Senate and House bills and resolutions.
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.

MONDAY, FEBRUARY 10, 1947

147

The following hills of the Senate were introduced, read the first time and referred to committees:
SB 57. By Senator Darby of the 15th: A hill to repeal an act creating the city court of Lyons, Toombs County; to abolish the city court of Lyons; to provide for disposition of business now pending; to provide for referendum; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 58. By Senator Darby of the 15th: A hill to repeal an act creating the office of commissioner of roads and revenues of Toombs County; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 59. By Senator Darby of the 15th:
A hill to create a hoard of commissioners of roads and revenues of Toombs County; to provide for election of commissioners; to provide for a clerk; to provide salaries, duties and terms of office; to provide for a referendum; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 60. By Senator Grayson of the 1st:
A hill to repeal an act providing for holding of primary elections in the City of Savannah; for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall he held, the qualifications of voters therein and for other purposes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Municipal Government.

SB 61. By Senator Grayson of the lst:
A hill to repeal an act approved August 19, 1913, providing for primary elections City of Savannah; for selection of mayor and aldermen; fix rules and regulations of voters therein, adopted and approved August 12, 1914, found in Ga. Laws, 1914, pp. 1172-1178; to repeal conflicting laws; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following hills of the House and has instructed me as chairman, to report the same hack to the Senate with the following recommendations:

HB 65. HB 9. HB 60. HB 64. HB 61. HB 37. HB 31.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

148

JOURNAL OF THE SENATE,

Mr. Boone, of the 21st District, chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:

Your Committee on General Judiciary has had under consideration the following bill of the Senate and has instructed me as chairman, to report the same back to the Senate with the following recommendations:

SB 51. Do Pass.

Respectfully submitted,

Boone of 21st District, Chairman

Mr. Parnell, of the 43rd District, chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:

Your Committee on Amendments to the Constitution has had under consideration the following resolution of the Senate and has instructed me as chairman, to report the same back to the Senate with the following recommendations:

SR 10. Do Pass.

Respectfully submitted,

Pannell of 43rd District, Chairman

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

SB 51. By Senators Weaver of the 51st and Hooks of the 16th:
A bill to prevent the intimidation of registrars and their deputies while in the discharge of their duties; to declare such action a felony; and that in addition the offender shall be disfranchised; and for other purposes.

SR 10. By Senators Griffith of the 28th and Yates of the 44th:
A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to article I, section I of the Constitution of Georgia to protect the rights of all persons in this state to work in any lawful employment, said right not to be denied or abridged on account of membership or non-mem bership in any labor union, or labor organization; and for other purposes.

HB9.

By Messrs. Twitty and Hand of Mitchell:
A bill to amend the charter of the City of Camilla; to provide for a city manager form of government for said city; and for other purposes.

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149

HB 31. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to amend an act entitled an act to combine the department of health of the City of Columbus with the department of health of Muscogee County; and for other purposes.

HB 37. By Messrs. Bargeron and Cates of Burke: A bill to amend the charter of the City of Waynesboro; and for other purposes.

HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled an act to amend an act to abolish the justice courts, and office of the justice of the peace and office of notary public, etc., and to establish and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending the charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus, so as to empower said city to assist its employees and officers and members of certain city administrative boards, including family dependents, in securing and maintaining policies of hospitalization insurance and other incidental benefits; and for other purposes.

HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled "An act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special J udi!;iary, read the second time and recommitted:

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis and many others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.
The consent was granted.

150

JOURNAL OF THE SENATE,

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

SB 49. By Senator Darby of the 15th:
A bill amending an act creating a new charter for the City of Vidalia by in serting: "That all persons desiring to become candidates in the primary election in and for the City of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with clerk of said city at least 30 days before said election"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 50. By Senator Darby of the 15th:
A bill amending an act creating a new charter for the City of Vidalia by adding: "That no person holding an official office in the City of Vidalia shall be qualified to offer as a candidate for an elective office in the City of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for re-election to the office he then holds"; and for other purposes.
The report 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 52. By Senator Parker of the 54th: A bill amending an act creating a board of commissioners of roads and revenues of Appling County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 15. By Mr. Hurt of Polk:
A bill to repeal an act incorporating the Town of Van Wert in Paulding County, now Polk 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.

MONDAY, FEBRUARY 10, 1947

151

Senator Millican of the 52nd asked unanimous consent that the following bills of the Senate be taken from the table and placed at the foot of the calendar:

SB 8.

By Senator Sams of the 26th:
A bill to prescribe the duties, powers and jurisdiction of the State Department of Veterans Service; to fix the compensation of the members of the veterans service board; to provide for the selection, fix the compensation and prescribe the duties and powers of the director thereof; to repeal an act approved March 8, 1945, establishing a department of veterans service; to declare the legislative policy with respect to veterans; and for other purposes.

SB 9.

By Senator Sams of the 26th:
a A bill to establish veterans education council; to provide for the selection of
the members, fix their term of office and provide for their compensation; to provide, define the duties and fix the compensation of a director of veterans education and other employees of the council; to transfer certain powers and duties heretofore exercised by the department of veterans service; to provide for cooperation with other agencies; to define the relationship thereto of local school authorities; to declare the legislative policy with respect to education of veterans; and for other purposes.

The consent was granted.

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

HR 8.

By Mr. Greene of Crisp:
A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to state for farmers' market site; and for other purposes.

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

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

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

SB 21. By Senator Millican of the 52nd:
A bill to amend an act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc., so as to make the same applicable to street railway companies owning and operating hydro-electric plants; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

152

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Mason of the 30th asked unanimous consent that action on the following Senate bill be postponed due to the absence of Senator Carswell of the 17th, one of the authors of the bill:

SB 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the 1st:
A bill to amend section 94-506 of Chapter 94-5 of Georgia Code 1933, relating to railroad crossings, by striking from said section the following: "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast," and inserting in lieu: "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.
The consent was granted.
The following resolution was read and adopted:

SR 16. By Senators Weaver of the 51st, Millican of the 52nd and Mason of the 30th:
A resolution calling for the appointment of a joint committee of the House and Senate, to investigate and report on the tardiness of the publication of the act of the General Assembly at its 1946 adjourned session; and for other purposes.
The president pro tempore appointed on the part of the Senate, Senators Weaver of the 51st and Mason of the 30th.
Senator Kiker of the 41st asked unanimous consent that the following resolutions be withdrawn from the Committee on State of Republic and recommitted to the Committee on Special Judiciary:

SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing and directing the Attorney General of Georgia to bring into the Federal Court the proper proceedings to establish a definite fixed boundary line between the states of Georgia and Tennessee in the event the State of Tennessee fails to agree upon said boundary line the commission heretofore authorized; and for other purposes.
The consent was granted.
Senator Weaver of the 51st moved that the Senate do now adjourn, and the :qtotion prevailed.
The president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 11, 1947

153

Senate Chamber, Atlanta, Georgia. Tuesday, February 11, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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:

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 of the Senate and House.

6. Consideration of general bills and resolutions of the Senate and House.

The consent was granted.

The president pro tempore presented to the Senate Hon. lloyd F. Oleson, international commander of Disabled American Veterans, Los Angeles, California.

154

JOURNAL OF THE SENATE,

The following bills of the Senate were introduced, read the first time aud referred to committees:

SB 62. By Senator Mason of the 30th: A bill amending an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance for Hart county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 63. By Senators Wideman of the 46th, Blitch of the 5th, Hooks of the 16th and Tarbutton of the 20th:
A bill to repeal in its entirety an act approved Feb. 1, 1946, pp. 206-217, amending chapter 32-9 of Georgia Code 1933, as amended, relating to the powers and duties of county boards of education; to ree~tablish as subdivisions of the county school districts all local school districts; to provide for election of district school trustees; to define their duties; to provide for election for bonds to build and equip schoolhouses and the issuance of bonds by local trustees; and for other purposes.
Referred to Committee on Education.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 30. Do Pass. SB 31. Do Pass by Substitute. SB 45. Do Pass.. SB 60. Do PaSoS. SB 47. Do Pass. HB 51. Do Pass. SB 61. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

TUESDAY, FEBRUARY 11, 1947

155

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. President: Your Committee on Special Judiciary has had under consideration the following hills
and resolutions of the Senate and House and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:
SB 24. Do Pass.
SR 14. Do Pass.
SR 15. Do Pass.
HB 13, with committee amendments--without recommendation.
Respectfully submitted,
Logan of 33rd District, Chairman
The following hills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing and directing the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the states of Georgia and Tennessee in the event the State of Ten nessee fails to agree upon said boundary line the commission heretofore authorized; and for other purposes.

SB 24. By Senator.Millican of the 52nd:
A bill to repeal section 64-208 of the Code of Georgia of 1933, which reads: "The question of who is the lawful governor of this state may not he tried by quo warranto."; to repeal section 64209 of the Code of Georgia of 1933, which reads: "The writ of quo warranto will not lie to the duly inaugurated governor, hut it does lie to all other civil or military officers."; and for other purposes.

SB 30. By Senator Pannell of the 43rd:
A bill to amend an act dated August 18, 1923, Georgia Laws 1923, pp. 529543, entitled "An act to provide and establish a new charter for the City of Chats worth in the County of Murray, etc." by striking from said act, section 4 in its entirety and by writing a new section in lieu of said stricken section so as to pro vide that the term of mayor shall be two years and to stagger the terms of the aldermen; and for other purposes.

SB 31. By Senator Pannell of the 43rd:
A hill to amend an act dated August 18, 1923, Georgia Laws 1923, pp. 529543; entitled an act to provide and establish a new charter for the City of Chatsworth, so as to create a water works commission; to provide for appointment of a com mission; fix terms of members; define rights, powers and duties of commission; provide for referendum; and for other purposes.

156

JOURNAL OF THE SENATE,

SB 47. By Senator Millican of the 52nd:
A bill to amend title 36, code 1933, by adding a provision for condemnation of prop erty which shall be applicable to all municipalities and counties of more than 250,000 according to last or future school census; and for other purposes.

SB 60. By Senator Grayson of the 1st:
A bill to repeal an act providing for holding of primary elections in the City of Savannah; for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall be held, the qualifications of voters therein, and for other purposes; to repeal conflicting laws; and for other purposes.

SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to nego tiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

SB 45. By Senator Arnold of the 50th:
A bill amending an act approved March 25, 1935, pages 876-880, inclusive, Georgia Acts of 1935, changing the name of the Town of Athens; and for other purposes.

SB 61. By Senator Grayson of the 1st:
A bill to repeal an act approved August 19, 1913, providing for primary elections in City of Savannah; for selection of mayor and aldermen; to fix rules and regu lations of voters therein, adopted and approved August 12, 1914, found in Ga. Laws, 1914, pp. 1172-1178; to repeal conflicting laws; and for other purposes.

HB 51. By Messrs. Eve, Morris and Towill of Richmond: A bill to provide a charter for the City of Augusta; and for other purposes.

The following local uncontested bills of the House were read the third time and put upon their passage:
HB 9. By Messrs. Twitty and Hand of Mitchell:
A bill to amend the charter of the City of Camilla, to provide for a city manager form of government for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 11, 1947

157

HB 31. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to amend an act entitled "An act to combine the department of health of the City of Columbus with the department of health of Muscogee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 37. By Messrs. Bargeron and Cates of Burke:
A bill to amend the charter of the City of Waynesboro; and for other purposes.
The report 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.
J
The bill, having received the requisite constitutional majority, was passed.

HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled "An act to amend an act to abolish the justice courts, and office of the justice of the peace and office of notary public, etc., and
to establish and create in lieu thereof a municipal court in and for 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus, so as to empower said city to assist its employees and officers and members of certain city administrative boards, including family dependents, in securing and maintaining policies of hos pitalization insurance and other incidental benefits; and for -other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled "An act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.

158

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.

Senator Hogg of the 24th offered the following substitute:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, as heretofore amended by the act approved March 24, 1941, entitled "An act amending the charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that such fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes", this additional amendment providing that in lieu of handling and administPring said pension and retirement fund'through a board of trustees or a trustee, the commission of the City of Columbus may enter into a contract or contracts with an insurance company or companies for the handling and administration of said fund, or any part thereof; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section I. That that certain act of the General Assembly of Georgia approved :VIarch 24, 1941, entitled "An act amending the charter of the City of Columbus, G!'orgia, so as to empower said city to grant pensions and retirement benefits to off:cers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that said fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes", be, and it is, hereby amended by adding thereto a new section, to be known as "Section 7", and to read as follows:
"Section 7. That in lieu of the handling and administering of said pension and retirement fund through a board of trustees or a trustee, the commission of

TUESDAY, FEBRUARY 11, 1947

159

the City of Columbus, in behalf of said city, may enter into a contract or contracts with an insurance company or companies, for the handling and administration of said fund, or any part thereof, on such terms and conditions including the vesting of officer and employee rights to the contributillns to the fund made by the city, provisions for retirement benefits based on past service and provisions for the requirement of the completion by an officer or employee of a prescribed period of service for eligibility for coverage, and by making such appropriation, as the commission may, in its discretion, deem proper in order to carry out the terms and intention of this act. The power hereby given shall be liberally construed."

Section II. That all laws or parts of laws in conflict herewith are hereby repealed.

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

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

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

Mr. Widem!ln of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report: Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 21. SB 49. SB 50. SB 52. SR 16.

Respectfully submitted,
Wideman of 46th District, Chairman

The following bill of the House was put upon its passage and by unanimous consent. the Senate agreed to consider the bill by sections:

HB 13. By Messrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of munici. pal government for certain cities and towns in Georgia; to define cities and towns;
to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and re-call for cities; and for other purposes.
Sections 1 and 2 were read and adopted.
Senator Grayson of the 1st moved that the Senate remain in session until 2:00 o'clock, and the motion prevailed.
Section 3 was read.

160

JOURNAL OF THE SENATE,

Senator Millican of the 52nd offered the following amendment:
Amend section 3, page 4, line 3, of the printed copy by striking the word "six" and substituting in lieu thereof the word "four."

On adoption of the amendment, the ayes were 20, nays 28, and the amendment was lost.

Section 3 was adopted.

Sections 4, 5, 6, 7, and 8 were read and adopted.

Under a previous motion, the hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 12, 1947

161

Senate Chamber, Atlanta, Georgia. Wednesday, February 12, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Overstreet Parker Richardson Seay Smiley Sumner TarbuttC'n Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 joum~ 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. Consideration of local uncontested bills and resolutions. 6. Fqrth~r consideration of House Bill No. 13. The consent was granted.

162

JOURNAL OF THE SENATE,

The president pro tempore presented to the Senate the junior and senior class of Centrallhatchee High School of Heard County with their teachers, Mozelle Smith and Curtis Wilson.
The following bill of the Senate was introduced, read the first time and referred to committee:

SB 64. By Senator Grayson of the lst:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and aldermen of the City of Savannah to provide by ordinance for the creation of a Savannah River bridge commission; and for other purposes.
Referred to Committee on Municipal Government.
Senator Overstreet of the 18th asked unanimous consent that the following bill be recommitted to the Committee on Municipal Government:

HB51. A bill to provide a charter for the City of Augusta; and for other purposes.
The consent was granted.

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

Mr. President: The House has passed by the requisite constitutional majority the following bills and
resolution of the House to wit:
HB 88. By Messrs. Wells and Joel of Clarke: A bill to amend the chart,er of the Town of Athens and the various acts amendatory thereof; and for other purposes.
HB 95. By Messrs. Wells and Joel of Clarke: A bill to amend the charter of the mayor and council of the City of Athens; and for other purposes.
HB 106. By Mr. Conger of Tift: A bill to amend an "Act creating and providing a charter for the Town of Omega"; and for other purposes.
HB 115. By Messrs. Morgan, Groover and Caldwell of Troup:
. A bill to authorize the mayor and aldermen of the City of West Point ' to grant,
bargain and sell, certain described property; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1947

163

HB 120. By Messrs. Reid and Smith of Carroll:
A bill to amend an act approved November 23, 1901, creating and adopting a new charter for the Town of Temple; and for other purposes.

HB 124. By Messrs. Towill, Morris and Eve of Richmond:
A bill to provide for the continued existence of the public school system of the County of Richmond; and for other purposes.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled "An act to amend the charter of the town of Athens and the various acts amendatory thereof", approved July 31, 1918, amend ing the act of August 24, 1872, by striking the entire section 2 of said act, and substituting in lieu thereof the following: "Sec. 2. Civil service commission election and qualification; and for other purposes."

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled "An act to amend the charter of the town of Athens and the various acts amendatory thereof, and to provide that the city attorney shall be elected by the mayor and council; and for other purposes.

HB 146. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled "An act to amend the charter of the town of Athens and the various acts amendatory thereof, approved August 24, 1872, so as to provide a civil service commission for the City of Athens; and for other purposes.

HB 52. By Mr. Padgett of Echols:
A bill to amend an act to establish a board of commissioners of roads and revenues for the County of Echols; and for other purposes.

HB 90. By Mr. Beddingfield of Dooly:
A bill to amend an act approved March 2, 1943 (Georgia Laws 1943, at pages 9512) amending an act approved August 13, 1929, entitled an act to amend an act approved August 9, 1919, amending an act creating a board of commiS$ioners of roads and revenue for the County of Dooly so that each road district shall nominate and elect its own commissioner, and for other purposes.

HB 128. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to create a bond commission for DeKalb County school district of DeKalb County, Georgia; and for other purposes.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to be entitled an act to create a board of one commissioner for Carroll County; and for other purposes.

164

JOURNAL OF THE SENATE,

HB 134. By Mr. Conger of Tift:
A bill to create and establish in Tift County, Georgia, a Tift County hospital board; and for other purposes..

HB 135. By Mr. Conger of Tift:
A bill to amend an act approved August 9, 1917, Georgia Laws 1917, p. 396, entitled "An act to create a board of commissioners of roads and revenue in and for the County of Tift."

HB 139. By Messrs. Towill, Eve and Morris of Richmond:
A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the county of Richmond; and for other purposes.

HB 140. By Messrs. Towill, Eve and Morris of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this state having a population of not more than 85,000 and not less than 81,000 according to the United States census of 1940, the sale, the offering, or the exposing for sale of fireworks; and for other purposes.

HB 148. By Messrs. Twitty and Hand of Mitchell:
A bill to authorize the county commissioners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service of said counties for a period of thirty-five years or more; and for other purposes.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to authorize the board of commissioners of z:oads and revenues of Coweta County to establish rules and regulations governing the payment of pensions to county employees of said county, and for other purposes.

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act to create a new charter for the City of Newnan; and for other purposes. .

HB 151. By Mr. Miller of Miller:
A bill to repeal an act entitled: "An act to amend, consolidate and supersede several acts incorporating the City of Colquitt; and for other purposes.

HB 152. By Mr. Miller of Miller:
A bill to amend an act entitled "An act to prohibit livestock running at large within the coz:porate limits of the city of Colquitt, Miller County, Georgia; and for other purposes.

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165

HB 153. By Mr. Miller of Miller:
A bill to repeal an act passed by the General Assembly of Georgia, for the year 1946, and approved the 31st day of January, 1946, entitled: "An act to amend an act entitled 'An act to amend, consolidate and supersede the several acts in corporating the City of Colquitt; and for other purposes.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton and the several acts amendatory thereto; and for other purposes.

HB 167. By Mr. Mann of Henry:
A bill to amend an act creating the charter of the City of McDonough; and for other purposes.

HB 154. By Messrs. Glissen and Caldwell of Evans:
A bill to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county in addition to the fees and compensation now allowed by law; and for other purposes.

HB 156. By Mr. Smith of Clayton:
A bill to amend an act to create a commissioner of roads and revenues of Clayton County, Georgia; and for other purposes.

HB 157. By Mr. Smith of Clayton:
A bill to amend the act abolishing the office of tax receiver and the office of tax collector of Clayton County, Georgia, and to create the office of county tax commissioner approved August" 18, 1925; and for other purposes.

HB 158. By Mr. Smith of Clayton:
A bill to create and establish for Clayton County, a county planning commission and board of zoning appeals; and for other purposes.

HB 159. By Mr. Bloodworth of Houston:
A bill to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a certain population; and for other purposes.

HB 168. By Mr. Mann of Henry:
A bill to amend an act entitled An act to create a board of commissioners of roads and re~enues of Henry County."; and for other purposes.
The House has adopted the following resolution of the House to wit:

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JOURNAL OF THE SENATE,

HR 46. By Messrs. Harrison of Wayne, Hicks of Floyd and Sills of Candler:

A resolution that a committee be appointed and for the purpose of inspecting and recommending certain reconditioning to the State Capitol; and for other purposes. .

The following bills of the House were introduced, read the first time and referred to committees:
HB 52. By Mr. Padgett of Echols:
A bill to amend an act to establish a board of commissioners and revenues for the County of Echols; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 88. By Messrs. Wells and Joel of Clarke:
A bill to amend the charter of the town of Athens and the various amendatory acts, section 3, p. 128, Ga. Laws 1872; and for other purposes.
Referred to Committee on Municipal Government.

HB 90. By Mr. Beddingfield of Dooly:
A bill to amend an act approved March 2, 1943 (Ga. Laws 1943, pp. 951-2) amending an act approved August 13, 1929, entitled an act to amend an act approved August 9, 1919, amending an act creating a board of commissioners of roads and revenue for the County of Dooly so that each road district shall nominate and elect its own commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 95. By Messrs. Wells and Joel of Clarke:
A bill to amend the charter of the mayor and council of the City of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HB 106. By Mr. Conger of Tift:
A bill to amend an act creating a charter for the town of Omega approved July 30, 1912, by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

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167

HB 115. By Messrs. Morgan, Groover, Caldwell of Troup:
A bill to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell certain described property; to ratify and affirm any previous sale; and for other purposes.
Referred to Committee on Municipal Government.

HB 120. By Messrs. Reid and Smith of Carroll:
A bill to amend an act approved November 23, 1901, creating and adopting a new charter for the town of Temple; and for other purposes.

Referred to Committee on Municipal Government


HB 124. By Messrs. Towill, Morris and Eve of Richmond:

A bill to provide for the continued existence of the public school system of the

County of Richmond in accordance with section X, article VIII of the Georgia

Constitution and for its management and control as provided in an act approved

August 23, 1872 (Ga. Laws 1872, pp. 456463) as amended by this act; and for

other purposes.

/

Referred to Committee on Counties and County Matters.

HB 128. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to create a bond commission for DeKalb County school district of DeKalb County, Ga.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to create a board of one commissioner for Carroll County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 134. By Mr. Conger of Tift:
A bill to create and establish in Tift County, Ga., a Tift County hospital board; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 135. By Mr. Conger of Tift:
A bill to amend an act approved August 9, 1917 (Ga. Laws 1917, p. 396), entitled an act to create a board of commissioners of roads and revenues in and for the County of Tift; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 139. By Messrs. Eve, Morris and Towill of Richmond:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Richmond, approved August 19, 1907 (Acts 1907, p. 324) as amended so as to provide for election of a clerk of said board who shall also be ex-officio custodian of the court house of Richmond County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 140. By Messrs. Eve, Morris and Towill of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this state having a population of not more than 85,000 and not less than 81,000 according to 1940 U. S. Census, the sale, the offering or the e:JIIIOsing for sale of fireworks; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to 1\Dlend an act amending the charter of the town of Athens and various amendatory acts, approved July 31, 1918, amending an act of August 24, 1872, by striking the entire section 2 and substituting in lieu thereof the following: "Sec. 2. Civil service commission election and qualification; and for other purposes."
Referred to Committee on Municipal Government.

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to amend an act amending the charter of the town of Athens and various amendatory acts, and to provide that the city attorney shall be elected by the mayor and council; and for other purposes.
Referred to Commil!tee on Municipal Government.

HB 146. By Messrs. Wells and Joel of Clarke:
A bill to amend an act amending the charter of the town of Athens and various amendatory acts, approved August 24, 1872, so as to provide a civil service commission for the City of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HB 148. By Messrs. Twitty and Hand of Mitchell:
A bill to authorize the county commissioners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service for a period of thirty-five years or more; pension to be paid monthly; and for other purposes.
Referred to Committee on Counties and County Matters.

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169

HB 149. By Messrs. Arnall and Goldberg of Coweta: A bill to amend an act creating a new charter for the City of Newnan, so as to provide a retirement plan for city employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to authorize the board of commissioners of roads and revenues of Coweta County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 151. By Mr. Miller of Miller: A bill to repeal an act amending, consolidating and superseding several acts in corporating the City of Colquitt; and for other purposes.
Referred to Committee on Municipal Government.

HB 152. By Mr. Miller of Miller: A bill to amend an act prohibiting livestock running at large within the corporate limits of the City of Colquitt, Miller County, Ga.; and for other purposes.
Referred to Committee on Municipal Government.

HB 153. By Mr. Miller of Miller:
A bill to repeal an act passed by the General Assembly of Georgia, 1946, approved January 31, 1946, amending an act entitled "an act to amend, consolidate and supersede the several acts incorporating the City of Colquitt"; and for other purposes.
Referred to Committee on Municipal Government.
HB 154. By Messrs. Glisse~ of Evans, Caldwell of Troup: A bill to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary in addition to fees and com pensation now allowed by law; to repeal all conflicting acts; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 156. By Mr. Smith of Clayton:
A bill to amend an act creating a commissioner of roads and revenues of Clayten County, Ga.; to fix his compensation and provide his expense account; to fix his bond and prescribe his powers and duties; to provide for a clerk; and for other purposes.
Referred to Committee on Counties and County Matters.

170

JOURNAL OF THE SENATE,

HB 157. By Mr. Smith of Clayton:
A bill to amend the a~t abolishing the office of tax collector and the office of tax receiver of Clayton County, Ga., and to create the office of county tax commissioner, approved August 18, 1925; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 158. By Mr. Smith of Clayton:
A bill to create and establish for Clayton County a county planning commission and board of zoning appeals; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 159. By Mr. Bloodworth of Houstont
A bill to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a population of not less than 11,303 and not more than 11,321; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton and the several acts amendatory (Ga. Acts 1849-50, p. 86) to provide that taxes collected on personal property shall be used for educational purposes; and for other purposes.
Referred to Committee on Municipal Government.

HB 167. By Mr. Mann of Henry:
A bill to amend an act creating the charter of the City of McDonough, to provide for an advance meeting of the mayor and council; and for other purposes.
Referred to Committee on Municipal Government.

HB 168. By Mr. Mann of Henry:
A bill to amend an act creating a board of commisSioners of roads and revenues of Henry County, to provide for increase in salary of the clerk of the board of commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report t~e same back to the Senate with the following recommendations:

HB 14. Do Pass. SB 62. Do Pass.

Respectfully submitted, Hogg of 24th District, Chairman

WEDNESDAY, FEBRUARY 12, 1947

171

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

SB 46. Do Pass. SB 58. Do Pass. SB 59. Do Pass. SB 57. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

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

SB 46. By Senator Millican of the 52nd:
A bill to amend an act establishing the criminal court of Atlanta so as to adjust salaries of judges and solicitors; and for other purposes.
SB 57. By Senat?r Darby ~f the 15th:
A bill to repeal an act creating the city court of Lyons, Toombs County; to abolish the city court of Lyons; to provide for disposition of business now pending; to provide for referendum; and for other purposes.

SB 58. By Senator Darby of the 15th:
A bill to repeal an act creating the office of commissioner of roads and revenues of Toombs County; and for other purposes.

SB 59. By Senator Darby of the 15th:
A bill to create a board of commissioners of roads and revenues of Toombs County; to provide for election of commissioners; to provide for a clerk; to provide salaries, duties and terms of office; to provide for a referendum; and 'for other purposes.

SB 62. By Senator Mason of the 30th:
A bill amending an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance for Hart County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 14. By Mr. Bennett of Barrow:
A bill to repeal an act to abolish the office of the county treasurer of the County of Barrow, to provide for the creation of a depository for said county; and for other purposes.
The following local uncontested bills of the Senate were read the third time and put upon their passage:

SB 30. By Senator Pannell of the 43rd:
A bill to amend an act dated August 18, 1923, Georgia Laws 1923, entitled "an act to provide and establish a new charter for the City of Chatsworth in the County of Murray," by striking from said act, section 4 in its entirety; and for other purposes.
I
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

SB 31. By Senator Pannell of the 43rd:
A bill to amend an act dated August 18, 1923, Georgia Laws 1923, pp. 529-543; entitled an act to provide and establish a new charter for the City of Chatsworth, so as to create a water works commission; to provide for appointment of a commission; fix terms of members; define rights, powers and duties of commission; provide for referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 45. By Senator Arnold of the 50th:
A bill amending an act approved March 25, 1935, pages 876-880, inclusive, Georgia Acts of 1935; changing the name of the Town of Athens to the City of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 60. By Senator Grayson of the 1st:
A bill to repeal an act providing for holding of primary elections in the City of Savannah; for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall be held, the qualifications under which such primaries shall be held, the qualifications of voters therein and for other purposes; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1947

173

The report 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 61. By Senator Grayson of the 1st:
A bill to repeal an act approved August 19, 1913, providing for primary elections City of Savannah; for selection of mayor and aldermen; fix rules and regulations of voters therein, adopted and approved August 12, 1914, found in Georgia Laws, 1914, pp. 11721178; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted:

SR 17. By Senator Woodall of the 25th: A resolution of the Senate, the House concurring, that there be created a special joint committee by the two houses for the purpose of studying fire protection and the safeguarding of human lives; and for other purposes.
The president pro tempore appointed on the part of the Senate: Senators Woodall of the 25th
Knox of the 29th Miller of the 6th. The following resolution of the House was read and adopted:

HR 46. By Messrs. Harrison of Wayne, Hicks of Floyd and Sills of Candler:
A resolution that a committee be appointed and for the purpose of inspecting and recommending certain reconditioning to the State Capitol; and for other purposes.
The president pro tempore appointed on the part of the Senate the following Senators: Carswell of the 17th and Baker of the 42nd.
A privileged resolution by Senator Kiker of the 41st granting the privilege of the floor to Hon. T. A. Chastain, former member of the Senate from the 41st District, was read and adopted.
Under the order of business established for the day HB 13 was taken up for the purpose of continuing consideration of the remaining sections:

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JOURNAL OF THE SENATE,

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis and many others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization, or association; and for other purposes.
Sections 9, 10 and 11 were adopted.
Senator Grayson of the 1st moved that the Senate recess at 1:00 o'clock for one hour.
Senator Logan of the 33rd moved as a substitute motion that the Senate continue in session until 2:00 o'clock and the motion prevailed.

Section 12 was read.

Senator Millican of the 52nd offered the following amendment:

I. Amend section 12 of said bill by changing the period at the end thereof to a comma and by adding the following:
"And by inserting and adopting in lieu thereof a new section 34-3202 to read as follows:
"34-3202. EXHIBITION AND LOCKING OF BALLOT BOX; COUNT OF VOTES; CERTIFICATION OF RESULT.-Before any ballots are received, and immediately before opening the polls, the managers shall open each ballot box to be used in the election, and shall exhibit the same publicly, to show that there are no ballots in the box. They shall then close and lock or seal the box, except the opening to receive the ballots, and shall not again open the same until the close of the election. They shall keep a list of voters voting at the election, and shall, before receiving any ballot, administer to the voter an oath, provided the voter's vote is challenged, that he is duly qualified to vote according to the election laws of this state, and that he has not voted before in such election then being held. At the close of the election the managers shall proceed publicly to count the votes and declare the result."

Senator Millican of the 52nd called for the ayes and nays on the amendment, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Branch Griffith Gwyn Hogg Huckeba

Knox Logan Mason Millican Overstreet Parker Richardson

Seay Sumner Trippe Williams Woodall Yates

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175

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Carswell Coker

Darby Dorsey Grayson Hodges Hooks Howard Kiker Miller Mitchell

Odom Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Those not voting were Senators Callaway, Daniell, Ferguson, Kennon, Killingsworth, Pannell and Sams.

On the adoption of the amendment, the ayes were 20, nays 26 and the amendment was lost.

Section 12 was adopted.

Sections 13, 14, 15, 16, 17, 18, 19, 20, and 21 were adopted.

Senator Weaver of the 51st moved that the Senate do now adjourn and the. motion prevailed.

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

176

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 13, 1947.

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

Scripture reading and prayer was offered by the Chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Overstreet Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th 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 estab. lished 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 reponed. 5. Consideration of locs.l uncontested bills and resolutions. 6. Funher consideration of House Bill No. 13. The consent was granted.

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177

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

SB 65. By Senator Grayson of the 1st:
A bill to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Ga.; and for other purposes.
Referred to Committee on Municipal Government.

SB 66. By Senators Coker of the 39th and Woodall of the 25th:
A bill to amend an act as set out on page 640 of Ga. Laws 1943, titled teachers retirement act, by adding on page 648, Ga. Laws 1943, a paragraph to be known as paragraph (1) (c) of section 5; and for other purposes.
Referred to Committee on Education.

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

HB 42. Do Pass. HB 131. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB .IS. Do Pass. HB 120. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

178

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

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

SB 30. SB 31. SB 45. SB 60. SB 61. SR 17.

Respectfully submitted,
Wideman of 46th District, Chairman

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

HB 2.

By Messrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia, and for other purposes.

HB 28. By Mr. McCracken of Jefferson:
A bill to be entitled an act to authorize and empower county boards of educatioo to condemn private property for public school purposes; and for other purposes.

HB 183. By Mr. Mathews of Peach:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a population, according to the official census of the United States for the year 19"40, or any future official census of, etc., and for other purposes.

THURSDAY, FEBRUARY 13, 1947

179

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

HB 2. By Messrs. Gowen of Glynn and Nightingale of Glynn:
A hill to provide for municipal home rule; to establish optional systems of mu nicipal government for certain cities and towns in Georgia; and for other purposes.
Referred to Committee on Special Judiciary.

HB 28. By Mr. McCracken of Jefferson:
A hill to authorize and empower county hoards of education to condemn private property for public school purposes; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 183. By Mr. Mathews of Peach:
A hill to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a population, according to the official census of the U. S. for the year 1940, or any future official census; and for other purposes.
Referred to Committee on Counties and County Matters.

The following hills of the House, favorably reported by the committees, were read the

second time:



HB 42. By Mr. Pulliam of Elbert:
A hill to repeal section 801 of chapter 23, Georgia Code, in reference to a vacancy in the office of commissioner of roads and revenues in any county; and for other purposes.

HB ll5. By Messrs. Morgan, Groover and Caldwell of Troup:
A hill to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell certain described property; to ratify and affirm any previous sale; and for other purposes.

HB 120. By Messrs. Reid and Smith of Carroll:
A bill to amend an act approved November 23, 1901, creating and adopting a new charter for the Town of Temple; and for other purposes.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to create a board of one commissioner for Carroll County; and for other purposes.

180

JOURNAL OF THE SENATE,

The following uncontested local bills of the Senate and House were read the third time and placed upon their passage:

SB 46. By Senator Millican of the 52nd:
A bill to amend an act establishing the criminal court of Atlanta so as to adjust salaries of judges and solicitors; and for other purposes. The report 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.
SB '57. By Senator Darby of the 15th:
A bill to repeal an act creating the city court of Lyons, Toombs County; to abolish the city court of Lyons, to provide for disposition of business now pending; to provide for referendum; and for other purposes.
The report of the committee, which was favorable io the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 58. By Senator Darby of the 15th:
A bill to repeal an act creating the office of commissioner of roads and revenue of Toombs County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 59. By Senator Darby of the 15th:
A bill to create a board of commissioners of roads and revenue of Toombs County; to provide for election of commissioners, to provide for a clerk; to provide salaries, duties and terms of office; to provide for a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 13, 1947

181

SB 62.

By Senator Mason of the 30th:
A bill amending an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance 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 51, nays 0.

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

HB 14. By Mr. Bennett of Barrow: A bill abolishing the office of the county treasurer of the County of Barrow, to provide for creation of a depository for said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The president presented to the Senate a class of the Unity School, Heard County, with W. E. Denny as principal.
Under the order of business established for today, the following bill of the House was taken up for further consideration.

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary, elections by any politioal party, organi zation, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.
Section 22 was read.
The Committee on Special Judiciary moved to amend HB 13 by striking from said bill section 22 which section now written in the bill would repeal the county unit system from the law of Georgia.
Senator Millican of the 52nd called for the ayes and nays, and the call was sustained.

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JOURNAL OF THE SEN~TE,

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

Those voting in the affirmative were Senators:

Arnold Baker Branch Callaway Daniell Ferguson

Gwyn Hogg Kennon Knox Logan Mason

Griffith

Millican

Parker Seay Sumner Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Carswell Coker

Darby Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell

Odom Overstreet Pannell Richardson Smiley Tarbutton Walker Weaver Wideman

Those not voting were Senators Huckeba, Kiker, Sams, Tippins, Trippe and Wells.

The roll call was verified.

On the adoption of the amendment, the ayes were 20, nays 27, and the amendment was lost.

Senator Millican o( the 52nd called for the ayes and nays on the adoption of Section 22, and the call was sustained.

A roll call \tas ordered and the vot~ was as follows:

Those voting in the affinnative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Carswell Coker

Darby Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell

Odom Overstreet Pannell Richardson Smiley Tarbutton Walker Weaver Wideman

THURSDAY, FEBRUARY 13, 1947

183

Those voting in the negative were Senators:

Arnold Baker Branch Callaway Daniell Ferguson Griffith

Gwyn Hogg Kennon Knox Logan Mason Millican

Parker Seay Sumner Williams Woodall Yates
)

Those not voting were Senators Huckeba, Kiker, Sams, Tippins, Trippe and Wells.

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

On the adoption of section 22, the ayes were 27, nays 20, and the section was adopted.

Section 23 was read.

The Committee on Special Judiciary moved to amend HB 13 by striking from said bill section 23 which section as now written in the bill would repeal the county unit system from the law of Georgia.

On the adoption of the amendment, the ayes were 20, nays 27, and the amendment was lost.

Section 23 was adopted.

Senator Weaver of the 51st moved that when the Senate adjourn today, it stand adjourned until 11 o'clock Monday morning, and the motion prevailed.

Senator Weaver of the 51st moved that the Senate now adjourn, and the motion prevailed.

The president pro tempore announced the Senate adjourned until 11 o'clock Monday Iilorning.

'

184

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 17, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

The following resolutions were read and adopted:

By the entire membership of the 194748 Georgia State Senate:
WHEREAS, an all wise Providence has, in His superior wisdom, called home one of His childrel), Mrs. Roselene Dorsey, of Cleveland, White County, Georgia; and,
WHEREAS, the said Mrs. Dorsey was the loving and devoted mother of Major Dorsey, the distinguished Senator from the 32nd District;
THEREFORE, be it resolved that the Senate do extend to Honorable Major Dorsey and family our deep and heartfelt sympathy in this, their time of sorrow.
The president pro tempore appointed on the part of the Senate as a committee of honorary escort the following:
Senators Smiley of the 2nd
Mitchell of the 40th
Logan of the 33rd
Coker of the 39th, and
Kiker of the 41st.

By the entire membership of the 194748 Georgia State Senate:
WHEREAS, Almighty God has called to rest a distinguished Georgian, the Honorable John H. Candler, of Atlanta, Fulton County, Georgia; and,
WHEREAS, this distinguished person was the brother of Senator and Mrs. Thomas G. Callaway, Jr.; and,
WHEREAS, the last rites for Honorable John H. Candler are to be held in this State at 11 :00 A. M. at the First Methodist Church of Atlanta, Georgia;
THEREFORE, Be It Resolved, that we extend to Honorable and Mrs. Thomas G. Callaway, Jr., and the family of Mr. John H. Candler our deepest and sincerest sympathy in the loss of their son, husband, father, and brQ~:her, and that this Senate, out of respect for said family, do recess this' date from 11:00 A. M. to 11:30 A.M.
BE IT FURTHER RESOLVED, that the presiding officer of the Senate appoint an honorary escort of Senators to attend and represent the Georgia Senate at the last rites of Honorable John H. Candler.

MONDAY, FEBRUARY 17, 1947

185

The president pro tempore appointed on the part of the Senate as a committee of honorary escort the following:
Senators Boone of the 21st Parker of the 54th Seay of the 22nd Bush of the 8th, and Tippins of the 48th
Under a resolution previously adopted, the Senate recessed until 11:30 A. M.
The Senate resumed the regular order of business.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dorsey Ferguson Grayson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Overstreet Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver. Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of Thursday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today:
1. Reading and reference of bills and resolutions.
2. -Reports of standing committees.

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JOURNAL OF THE SENATE,

3. Second reading of bills and resolutions, favorably reported by the committees. 4. Consideration of local uncontested bills and resolutions for passage. 5. Consideration of general bills and resolutions for passage. 6. Further consideration of House Bill No. 13. The consent was granted.

The president announced that leave of absence had been granted to Senator Callaway of the 35th for the day.

The following resolution was read and adopted:

By Senator- Daniell of the 49th.
WHEREAS, the farmers of the Southeast have many thousands of acres planted to small grains; and,
WHEREAS, these crops are now in urgent and immediate need of applications of nitrogen, this nitrogen being necessary to said grain producing a profitable crop of a commodity that the nation so sorely needs at this time; and,
WHEREAS, the usual source of supply of this nitrogen is cut off by maritime strikes; and,
WHEREAS, there is now stored in warehouses in this country an ample supply of such nitrogen which may be diverted to the immediate needs of these farmers; and,
WHEREAS, this nitrogen is now in the hands of and under the control of the War Department, which has no immediate need for same;
NOW, THEREFORE, Be It Resolved, that the President of the United States, the Secretary of War, and the entire Georgia delegation in Congress be urged to take such steps as are necessary to release enough of these nitrates through the proper channels that they may immediately be made available to these farmers for the benefit of said grains and other commodities.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills and
resolutions of the House, to wit:
HB46. By Messrs. Wilson, Vandiver and Kemper of Bibb: A bill to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces, and shall not be required to make any payments toward same while in the service, and for other purposes.

MONDAY, FEBRUARY 17, 1947

187

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, as the same appears in Georgia Laws of 1945, page 227, to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment; and for other purposes.

HB 62. By :Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to increase the salary of the solicitor general of the Chattahoochee circuit, and for other purposes.

HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to provide for administration upon the estates of persons who are missing, and for the probate of the wills of such persons; and for other purposes.
HB 76. By .\Iessrs. Gowen ~f Glynn, Elliott of Muscogee and Garland of Butts:
A bill 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; and for other purposes.

HB 79. By Mr. Davis of Bartow:
A bill to amend code section 68-307 of the Code of Georgia of 19~3, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property; and for other purposes.

HB 80. By .\lessrs. Smith and Reid of Carroll:
A bill to amend section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof, a new section and increasing the fees of the constables of the militia districts; and for other purposes.
HB 84. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee: A bill to authorize and empower the counties of this State to carry suitabl~ insur ance on any or all automotive vehicles owned and operated by the county; and for other purposes.
HB85. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill authorizing the counties of this State to sue and be sued in the courts of this State for damages, personal or property, arising out of or in connection with the operation of county owned automotive vehicles when such vehicle is being used in the normal course of business of the county; and for other purposes.
The House has adopted the following resolutions of the House, to wit:
HR 51. By Messrs. Hinson of Ware, Evitt of Catoosa, Fowler of Douglas, and others:
A resolution to provide for members and officers of the Senate and House of Rep resentatives an extension of sixty days in which to prepare and file their individual income tax returns; and for other purposes.

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JOURNAL OF THE SENATE,

HR 52. By Messrs. F1ynt of Spalding, Hicks of F1oyd and Eve of Richmond:
A resolution to provide for the appointment of a joint committee to investigate the effect of pending veterans affairs legislation and to report its findings; and for other purposes.
The House has adopted the following resolutions of the Senate, to wit:

SR 11. By Senator Baker of the 42nd:
A resolution to extend thanks to Dr. R. S. Payne for courtesies extended refugees during the recent flood at Rome, Georgia, and to request the Central of Georgia railroad to raise its bridge over State No. 1 a distance of four feet so that the road will not again be closed to traffic, or covered by flood waters; and for other purposes.

SR 16. By Senators Weaver of the 51st, Millican of the 52nd and Mason of the 30th:
A resolution calling for the appointment of a joint committee of the House and Senate, to investigate and report on the tardiness of the publication of the Acts of the General Assembly at its 1946 adjourned session; and for other purposes.
Under provisions of SR 16, the speaker has appointed as a committee on the part of the House, the following members of the House, to wit: Messrs. Harrison of Jenkins, Night ingale of Glynn and Shields of Muscogee.
The Hou!l'e has agreed to the Senate substitute to the following bill of the House, to wit:

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending the charter of the City of Columbus, Georgia, as heretofore. amended QY the act approved March 24, 1941, entitled "An act amending the charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.
The following bills of the House were read the first time and referred to committees:

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces, and shall not be required to make any payments toward same while in the service; and for other purposes.
Referred to Committee on Veterans Affairs.

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, as the same appears in Georgia Laws of 1945, page 227, to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment; and for other purposes.
Referred to Committee on General Judiciary.

MONDAY, FEBRUARY 17, 1947

189

HB 62. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to increase the salary of the solicitor general of the Chattahoochee circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts: A bill to provide for administration upon the estates of persons who are missing, and for the probate of the wills of such persons; and for other purposes.
Referred to Committee on Special Judiciary.

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill 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; and for other purposes.
Referred to Committee on General Judiciary.

HB 79. By Mr. Davis of Bartow:
A bill to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 80. By Messrs. Smith and Reid of Carroll:
A bill to amend section 24-820 of the code of 1933 by striking the entire section and adding in lieu thereof, a new section and increasing the fees of the constables of the militia districts; and for other purposes.
Referred to Committee on General Judiciary.

HB 84. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill to authorize and empower the counties of this State to carry suitable insur ance on any or all automotive vehicles owned and operated by the county; and for other purposes.
Referred to Committee on Insurance.

HB 85. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill authorizing the counties of this State to sue and be sued in the courts of this State for damages, personal or property, arising out of or in connection with the operation of county owned automotive vehicles when such vehicle is being used in the normal course of business of the county; and for other purposes.
Referred to Committee on Special Judiciary.

190

JOURNAL OF THE SENATE,

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 52. Do Pass. \

HB 109. Do Pass.
HB no. Do Pass.

HB 90. Do Pass.

HB 68. Do Pass.

HB 124. Do Pass.

HB 108. Do Pass.

HB 135. Do Pass as amended.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Daniell of the 49th District, chairman of the Committee on Industrial Relations, submitted the following report:

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

SB 10. Do Pass.

SB ll. Do Pass.

Respectfully submitted,

Daniell of 49th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 10. Do Pass.
HB 39. Do Pass.
HB 88. Do Pass.

MONDAY, FEBRUARY 17, 1947

191

HB 95. Do Pass.

HB 144. Do Pass.

HB 149. Do Pass.

HB 166. Do Pass.

HB 167. Do Pass.

HB 151. Do Pass.

HB 152. Do Pass.

HB 153. Do Pass.

HB 145. Do Pass.

HB 146. Do Pass.

HB 106. Do Pass.

HB 51. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

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

SB. 64. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report' the same back to the Senate as correct and ready for transmission to the House:

SB 46. SB 57. SB 58. SB 59. SB 62.

Respectfully submitted,

Wideman of 46th District, Chairman

192

. JOURNAL OF THE SENATE,

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

SB 10. By Senator Daniell of the 49th:
A bill to define "employee," "employer," "employment" and "labor organization"; and requiring as a condition of employment that any employee become affiliated with any labor organization; and for other purposes.

SB 11. By Senator Daniell of the 49th:
A bill making it unlawful for any employee, employer or labor organization to use intimidation, violence or threats in connection with any employee quitting or continuing in employment; or for two or more persons assembling near any place where a labor dispute exists or obstructing the entrance or egress of any place of employment where a labor dispute exists, or compelling .any person to join or refrain from joining any labor organization; or preventing any person from lawfully engaging in any business activity; and for other purposes.

SB 64. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and aldermen of the City of Savannah, to provide by ordinance for the creation of a Savannah River bridge commission; and for other purposes.

HB 39. By Messrs. Johnson and Mallard of Bulloch: A bill to amend the charter of the City of Statesboro; and for other purposes.

HB 52. By Mr. Padgett of Echols:
A bill to amend an act to establish a board of commissioners of road and revenue! for the County of Echols; and for other purposes.

H,B68. By Messrs. Eve, Morris and Towill of Richmond:
A bill to prohibit and regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000, according to 1940 U. S. census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB 88. By Messrs. Wells and Joel of Clarke:
A bill to amend the charter of the Town of Athens and the various amendatory acts, section 3, p. 128, Ga. Laws 1872; and for other purposes.

HB 90. By Mr. Beddingfield of Dooly:
A bill to amend an act approved March 2, 1943 (Ga. Laws 1943, pp. 951-2) amending an act approved August 13, 1929, entitled an act to amend an act approved August 9, 1919, amending an act creating a board of commissioners of roads and revenue for the County of Dooly so that each road district shall nominate and elect its own commissioner; and for other purposes.

MONDAY, FEBRUARY 17, 1947

193

HB 95. By Messrs. Wells and Joel of Clarke:
A bill to amend the charter of the mayor and council of the City of Athens; and for other purposes.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee: A bill to incorporate the Town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; and for other purposes.
HB 106. By Mr. Conger of Tift:
A bill to amend an act creating a charter for the Town of Omega approved July 30, 1912, by extending the corporate limits; and for other purposes.

HB 108. By Mr. Bostwick of Early.
A bill to amend an act creating the office of tax commissioner of Early county; and for other purposes.

HB 109. By Mr. Williams of Mcintosh:
A bill to repeal in its entirety an act creating commissioners of Mcintosh county; to create commissioner districts; to provide qualifications of commissioners; to provide nominations of candidates from such districts; provision for voters to vote in different districts; and for other purposes.

HB 110. By Mr. Williams of Mcintosh:
A bill to amend an act creating commissioners of Mcintosh county, so as to have said commissioners elected for a term of two years; to create commissioners dis tricts; to provide for qualifications of commissioners; and for other purposes.

HB 124. By Messrs. Towill, Morris and Eve of Richmond:
A bill to provide for the continued existence of the public school system o4 the
County of Richmond in accordance with section X, article VIII, of the Georgia Constitution and for its management and control as provided in an act approved August 23, 1872 (Ga. Laws 1872, pp. 456-463) as amended by this act; and for other purposes.

HB 135. By Mr. Conger of Tift:
A bill to amend an act approved August 9, 1917 (Ga. Laws 1917, p. 396), entitled an act to create a board of commissioners of roads and revenues in and for the County of Tift; and for other purposes.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to amend an act amending the charter of the Town of Athens and various amendatory acts, approved July 31, 1918, amending an act of August 24, 1872, by striking the entire section 2 and substituting in lieu thereof the following: "Section 2. Civil Service Commission Election and Qualification"; and for other purposes.

194

JOURNAL OF THE SENATE,

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to amend an act amending the charter of the Town of Athens and various amendatory acts, and to provide that the city attorney shall be elected by the mayor and council; and for other purposes.

HB 146. By Messrs. Wells and Joel of Clarke:
A bill to amend an act amending the charter of the Town of Athens and various amendatory acts, approved August 24, 1872, so as to provide a civil service commission for the City of Athens; and for other purposes.

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act creating a new charter for the City of Newnan, so as to provide a retirement plan for city employees; and for other purposes.

HB 151. By Mr. Miller of Miller:
A bill to repeal an act amending, consolidating and superseding several acts incorporating the City of Colquitt; and for other purposes.

HB 152. By Mr. Miller of Miller:
A bill to amend an act prohibiting livestock running at large within the corporate limits of the City of Colquitt, Miller county, Georgia; and for other purposes.

HB 153. By Mr. Miller of Miller:
A bill to repeal an act passed by the General Assembly of Georgia, 1946, amending an act entitled "An act to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton and the several acts amendatory (Ga. Acts 1849-50, p. 86) to provide that taxes collected on personal property shall be used for educational purposes; and for other purposes.

HB 167. By Mr. Mann of Henry:
A bill to amend the act creating charter for City of McDonough; to provide for an advance meeting of the mayor and council; and for other purposes.

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

HB 42. By Mr. Pulliam of Elbert:
A bill to repeal section 801 of chapter 23 of the Code of Georgia, in reference to a vacancy in the office of commissioner of roads and revenues in any county; and for other purposes.

MONDAY, FEBRUARY 17, 1947

195

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 115. By Messrs. Morgan, Groover and Caldwell of Troup:

A bill to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell certain described property; to ratify and affirm any previous 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 36, nays 4.

The bill, having received the requisite constitutional majority, was passed. HB 120. By Messrs. Reid and Smith of Carroll:

A bill to amend an act approved November 23, 1901, creating and adopting a new charter for the Town of Temple; to provide for qualifications of mayor and councilmen; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 6. The bill, having received the requisite constitutional majority, was passed.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to create a board of one commissioner for Carroll county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions of the House were read and adopted:

HR 51. By Messrs. Hinson of Ware, Evitt of Catoosa, Fowler of Douglas, "Wells of Clarke, Vandiver of Bibb, Howard of DeKalb, and others:
A resolution to provide for members and officers of the Senate and House of Representatives an extension of sixty days in which to prepare and file their individual income tax return; and for other purposes.

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JOURNAL OF THE SENATE,

HR 52. By Messrs. Flynt of Spalding, Hicks of Floyd and Eve of Richmond:
A resoluti1m to provide for the appointment of a joint committee to investigate the effect of pending veterans affairs legislation and to report their findings; and for other purposes.
The president pro tempore appointed on the part of the Senate the following:
Senators Sams of the 26th and Arnold of the 50th.
Under the established order of business, the following bill of the House was taken up for further consideration:

HB 13. By Messrs. Hand of Mitchell" Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and many others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organi zation, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.

Sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38 were adopted.
The Committee on Special Judiciary moves to amend HB 13 as follows:
Amend section 39 !lf HB 13 by striking and eliminating said section 39 and by substituting therefor a new section 39 and new sections 39A, 39B, 39C and 39D as follows:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an act approved March 12, 1941, which is published on pages 324, 325, 326 and 327 of the 1941 Georgia Laws, which is an act entitled
"An act to amend chapter 34-19 of the Code of Georgia of 1933 relating to elections by providing a new system of voting cumulative of those now in existence and providing further for a secret ballot in all primary and general elections in the State of Georgia; the qualifications of candidates; and providing that the provisions of this act shall be adopted upon the recommendation of one grand jury; to provide for the discontinuance of the provisions of this act upon the recom, mendation of one grand jury; to provide for certain duties of the election manager when a ballot has been challenged, and further providing that the number strip shall not be removed from the challenged ballot; to repeal conflicting laws; and for other purposes,"
be and the same is hereby amended as follows:
(l) By striking from the fourth line of the caption of said act as it is published in Georgia Laws 1941, page 324, the words "primary and".
(2) By striking and eliminating section 1 of said act which is published Georgia Laws 1941, pages 324, 325 and 326 and by substituting therefor a new section 1 to read as follows:

MONDAY, FEBRUARY 17, 1947

197

"Section I. That chapter 34-19 of the Georgia Code of 1933 be and the same is hereby amended by adding to said chapter a new section to he known as section 34-1914, which new sections shall read as follows:

"34-1914. Ballots, qualification of candidates. In all general elections the official ballots shall have printed thereon the names of all candidates who have properly qualified as provided by law, such names to he arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to he numbered consecutively and to be bound together in blocks or pads in such manner that each ballot may be detached and removed speedily. Each ballot shall have attached at the top thereof a number strip which may he easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached, with a blank space on said stub for the name of the voter, and printed thereon a letter of the alphabet or other designation and a number, and the same designation and number shall be printed upon the number strip; but a different designation or letter shall be printed upon the stubs and number strips attached to ballots used at the various polling places, so that the stubs and number strips attached to ballots at no two places in the same county shall bear the same designation. When a voter shall apply for a ballot his name shall be written upon one of the stubs and he shall be given the number strip and the ballot which shall be detached from the stub upon which said voter's name is written. After said voter has prepared his ballot he shall fold the same in such manner that the manager may compare the designation and number on the number strip attached to said ballot with the designation and number upon the stub containing the name of the voter, and if said designation and the number be the same, the voter shall While in the presence of a manager detach the number strip from the ballot without exposing or disclosing the face of the ballot itself and deposit said ballot in the ballot box and then hand over the number strip to the manager to be preserved by him as a part of the election records. On the ballot shall be printed such words as will enable the voter to express his choice, such as "Vote for one," "Vote for two," and the like; and the voter or elector shall erase, mark out or cancel the name or names of the candidate or candidates for whom he does not wish to vote. If at any time there shall he submitted at a general election any matter or question to be voted upon, the ballots shall have printed thereon the necessary language to guide the voter in the expression of his desire as to any such matter or question."

Section 39 A. Be it further enacted by the authority aforesaid that section 2 of said act approved March 12, 1941, which is published in Georgia Laws 1941, page 326, is amended by adding thereto the following sentence:

"The provisions of section 34-1915 of the Code of Georgia of 1933 relating to the duties of the election manager when a ballot has been challenged shall relate exclusively to general elections and elections other than primary elections."

Section 39 B. Be it further enacted by the authority aforesaid, that section 3 of said act approved March 12, 1941, which is published in Georgia Laws 1941, page 326, he, and the same is, hereby repealed.

Section 39 C. Be it further enacted by the authority aforesaid, that section 4 of said act approved March 12, 1941, which is published in Georgia Laws 1941, page 327, is amended in the following particulars:

(a) By striking and eliminating the words "and primaries" which occur in. the 8th line of section 4 of said act, as said section 4 is published on page 327 of the 1941 Georgia Laws;

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(b) By inserting immediately following the figures "1933" and before the word "except" which occur in line 12 on page 327 of the 1941 Georgia Laws the words "as amended."
Section 39 D. Except as herein specifically provided said act approved March 12, 1941, and published on pages 324, 325, 326 and 327 of the 1941 Georgia Laws, shall remain in full force and effect.
The amendment was adopted.
Section 39 was adopted as amended.
Section 40 was read.
Section 40 was adopted by unanimous consent.
Section 41 was read.

The Committee on Special Judiciary moved to amend HB 13 by adding thereto a new section, to be appropriately numbered, which new section shall read as follows:
Section 41 E. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the act approved December 24, 1937, set out in Georgia Laws 1937-38 beginning on page 371, providing for and relating to the use of voting machines for casting, registering, recording and computing ballot at elections in all municipalities and cities having a population of 200,000 or more, be and it is hereby amended by striking from said act the words "primary," "primaries," "primary elections" whenever the same appear in said act and by striking from said act all references to primary elections. Said act shall con tinue in full force and effect except as to primaries and primary elections.
The amendment was adopted.

The Committee on Special Judiciary moves to amend HB 13 by adding thereto a new section, to be appropriately numbered, which new section shall read as follows:
Section 41 D. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the act approved February 18, 1941 (Ga. Laws 1941, page 439) entitled "An act to prohibit and to regulate within the territorial limits of any county in this State having a population of 200,000 or more according to the United States census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; for restricting the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county outside the limitation of municipality; to provide penalties for the violation of this act, and for other purposes", be and it is hereby amended by striking from section 2 thereof the words "or primary", by striking from section 3 thereof the words "or primary" and by striking from section 4 thereof the words "or primary" so that said law shall con tinue in full force and effect except as to primary elections.
Except as specifically provided in this section the law referred to in this section shall remain in full force and effect.
The amendment was adopted.

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Sections 41, 42, 43, 44, 45, 46, 47 and 48 were adopted.
Section 49 was read.
The Committee on Special Judiciary moves to amend HB 13 by adding a new section to be known as section 49 A and reading as follows:
Section 49 A. The superior courts of this State are hereby vested with the power and are hereby directed to prevent and punish for frauds, illegal and immoral acts, and crimes perpetrated by any member, candidate, officer, or official of any political party or group, and against any other member, candidate, officer, official of the State or any of its citizens, and all right and remedies now available for prevention and punishment of such illegal, immoral and fraudulent acts, and crimes are hereby preserved and shall he enforced by said courts. The provisions of this section shall be applicable to any group, association, party or individual, race or creed, in any and all elections, and any violation shall be punished under the laws of this State as for a misdemeanor.
The amendment was adopted.
By unanimous co_nsent, section 49 was adopted as amended.

The Committee on Special Judiciary moves to amend section 50 of HB 13 as follows:
By adding to section 50 the words: "Whenever any law not specifically hereinbefore identified shall relate to primary elections and also to general and special elections said law is not repealed in its entirety, but only the language, terms or provisions thereof making said laws applicable to primary elections shall be repealed and said laws shall continue in full force and effect as to all general and special elections."
The amendment was adopted.

Section 50 was read.
The Committee on Special Judiciary moves to amend HB 13 by adding a new section to he known as section 50 A and reading as follows:
None of the provisions of this bill shall become effective until same has been submitted to the voters of the State of Georgia in the general election to be held in November, 1948, at which time the voters shall have printed on their ballot, "For White Primary Bill as passed by General Assembly February, 1947", "Against White Primary Bill as passed by General Assembly February, 1947". If the majority of the voters in said election shall vote in favor of White Primary Bill the provisions of this act shall be in full force and effect, but if the majority of the voters in said election shall vote against White Primary Bill then all of the provisions of said bill shall be of no force and effect and will be null and void.
Senator Grayson of the lst moved the ayes and nays on the adoption of the amendment and the motion was sustained.

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

Those voting in the affirmative were Senators:

Arnold Bravch Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Knox Logan Mason Millican Parker

Seay Sumner Trippe Williams Woodall Yates

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Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Carswell Coker Darby

Dorsey Grayson Hodges Hooks Howard Kiker Killingsworth Miller Mitchell Odom

Overstreet Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Not voting were Senators Baker, Callaway and Sarns.

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

On the adoption of the amendment, the ayes were 20, nays 30, and the amendment was lost.

Section 50 was adopted, as amended.

Section 51 was read.

By unanimous consent, section 51 was adopted.

Senator Coker of the 39th moved that the Senate do now adjourn, and the motion prevailed.

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

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201

Senate Chamber, Atlanta, Georgia. Tuesday, February 18, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Knox Logan Mason Millican Mitchell Odom

Overstreet Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wideman Williams Woodall Yates

Senator Knox of the 29th 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. Consideration of local uncontested bills and resolutions.

6. Further consideration and passage of HB 13 and consideration of all other general bills and resolutions.

The consent was granted.

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Senator Kennon of the 53rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of Republic and recommitted to the Committee on Counties and County Matters:

HB92. By Mr. Garrett of Brooks:
A bill to authorize and direct the commissioners of Brooks county, Georgia, or the governing authorities that may have charge of the fiscal affairs of said county to pay compensation to any lawful or law enforcing officer who is or hereafter permanently disabled in line of duty the sum of $100.00 per month; and for other purposes.
The consent was granted.
The president pro tempore announced that Senator Sams of the 26th had been granted an indefinite leave of absence from the session.
The president pro tempore asked unanimous consent that Senator Callaway of the 35th be granted leave of absence for the day.
The consent was granted.
The following bills of the Senate were introduced, read the first time and referred to the committees:

SB 67. By Senator Knox of the 29th:
A bill to amend section 105-1307 of the civil code of Georgia of 1933 which provides for the right of recovery by the mother for the homicide of a child; and for other purposes.
Referred to Committee on General Judiciary.

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to provide for creation of a refunding' bond commission, with power to secure all necessary information, and to approve or disapprove issuance of bonds for refunding any bonded indebtedness of any county, municipality, or political subdivision, including authority to approve or disapprove the amount and terms of such refunding bonds, where such county, municipality or political subdivision has not the funds available to meet payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to main tain the required sinking fund; to prescribe duties and powers; to provide for validation of said bonds; and for other purposes.
Referred to Committee on General Judiciary.

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st and Tippins of the 48th:
A bill to amend part II, of title 14, Ga. Code 1933, relating to bills and notes and to public and legal holidays, etc., by adding a new section, section 14-1809-A, to provide that banks and other financial institutions located in any town or dty of 55,000 population or more by 1940 census may remain closed on any Wednesday or any Saturday in any week, unless there occurs in such week a previously designated legal holiday; and for other purposes.
Referred to Committee on Banks and Banking.

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203

SB 70. By Senator Millican of the 52nd:
A hill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1 of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for making repairs and improvements in the water works system and sanitary department; to provide for payment of certificates out of revenues derived from water or sanitary service charges; and for other purposes.

Referred to Committee on Amendments to the Constitution.

SB 71. By Senator Millican of the 52nd:
A hill to amend section 23-1705, Georgia Code 1933, relating to bonds for public contractors to provide that terms of said section shall not apply to contracts with any municipal corporation having a population of 250,000 by last or future census for public work where total contract price does not exceed $1,000; and for other purposes.
Referred to Committee on Municipal Government.

SB 72. By Senator Millican of the 52nd:
A hill to provide for investment of proceeds of sale of bonds by counties, muruct palities, school districts and other governmental agencies when such proceeds can not he immediately used; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 73. By Senator Millican of the 52nd: A hill to provide means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; and for other purposes.
Referred to Committee on General Judiciary.
SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, Branch of the 47th, Parker of the 54th, Woodall of the 25th and Mason of the 30th: A hill to amend an act approved March 29, 1937, Ga. Laws 1937, pp. 806 et seq., to provide for establishment of the bureau of unemployment compensation in the State department of labor, known as the "unemployment compensation law," as subsequently amended, by reducing the minimum rate of contributions payable by each employer; and for other purposes.
Referred to Committee on Industrial Relations.
SB 75. By Senators Wideman of the 46th and Howard of the 3rd: A hill to provide statewide forest fire protection; to give State director of forestry additional and cumulative powers and to define such powers, etc.; and for other purposes.
Referred to Committee on Conservation.

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The following resolutions of the Senate were read and adopted:

SR 18. By Senator Burks of the 12th:
A resolution that the Senate institute an immediate and thorough investigation immediately into the affairs concerning veterans of World War II who are being defrauded by unscrupulous building contractors throughout the State of Georgia and the nation as a whole.

SR 19. By Senator Tarbutton of the 20th:
A resolution that the board of regents be requested in ten days to report to the Senate the number of students in each institution under the jurisdiction of the board of regents showing both the number who are residents in Georgia and those who are residents in other states, also the amount of tuition and fees paid by students residing in the State of Georgia and the amount of tuition and fees paid by students residing without the State of Georgia.

SR 20. By Senator Ferguson of the 13th:
A resolution that the Senators from Georgia and the congressional delegation from Georgia introduce and secure passage of legislation providing for cooperative agreement contracts between the State and Federal government for the management and control of said federal forests in Georgia, and that said delegation use its influence to secure cooperative agreement contracts whereby the State of Georgia should manage and control said federal forest lands in its statewide forest protection and forestry service system, with the cost therefor to be borne from the selective sale of products of said forest.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the reqms1te constitutional majority the following bills and
resolutions of the House, to wit:

HB 11. By Messrs. Jennings and Kidd of Baldwin:
A bill to provide for the fixing of salaries of employees of Milledgeville State Hospital and to provide that employees of the Milledgeville State Hospital shal:l receive a salary of not less than one hundred ($100.00) dollars per month; and for other purposes.

HB 29. By Mr. McCracken of Jefferson:
A bill to limit the time that suit may he brought against motor carriers for freight overcharges, and for other purposes.

HB 57. By Mr. Etheridge of Fulton:
A hill to provide that it shall he lawful for any person, firm, partnership or corpo ration of this State to pay to the wife of any employee, upon his adjudication as

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being insane, whatever wages may be due such employee, not to exceed $200.00. without the necessity of appointing a guardian, and to exempt such wages from garnishment; and for other purposes.

HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to amend the public safety act so as to increase the issuance of two year licenses to five year licenses.

HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill providing for the sale and use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.

HR 27. By Mr. Garrard of Wilkes:
A resolution creating a commission to act on the part of the State in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:

SB 52. By Senator Parker of the 54th:
A bill to amend an act creating a board of commissioners of roads and revenues of Appling county; and for other purposes.
The following bills and resolutions of the House were read the first time and referred to committees:

HB ll. By Messrs. Jennings and Kidd of Baldwin:
A bill to provide for the fixing of salaries of employees of Milledgeville State Hospital and to provide that employees of the Milledgeville State Hospital shall receive a salary of not less than one hundred ($100.00) dollars per month; and for other purposes.
Referred to Committee on Appropriations.

HB 29. By Mr. McCracken of Jefferson: A bill1 to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.
Referred to Committee on Special Judiciary.

HB 57. By Mr. Etheridge of Fulton:
A bill to provide that it shall be lawful for any person, firm, partnership or cor poration of this State to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200.00, without the necessity of appointing a guardian, and to exempt such wages from garnishment; and for other purposes.
Referred to Committee on Special Judiciary.

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HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to amend the public safety act so as to increase the issuance of two year licenses to five year licenses.
Referred to Committee on State of Republic.

HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill providing for the sale and use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.
Referred to Committee on Public Health.

HR 27. By Mr. Garrard of Wilkes:
A resolution creating a commission to act on the part of the State in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.
Referred to Committee on State of Republic.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bill of the Senate an'd has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 65. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 87. HB 146. HB 5. HB 123. HB 159. HB 139. HB 140. HB 62. HB 150. HB 154. HB 148.

Do Not Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Hogg of 241h District, Chairman

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207

Mr. Smiley of the 2nd District, chairman of the Committee on Motor Vehicles, sub mitted the following report:

Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 79. Do Pass.

Respectfully submitted,
Smiley of 2nd District, Chairman

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

SB 65.

By Senator Grayson of the 1st:
A bill to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

HB 5. By Messrs. Bibley, Jennings and King of Baldwin:
A bill to amend an act entitled "An act to amend an act approved December 22, 1898, providing for the election of board of county commissioners by the people of Baldwin County; to provide for the election of a chairman; when the election shall be held; and for other purposes.

HB 62. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to increase the salary of the solicitor general of the Chattahoochee circuit; and for other purposes.

HB 79. By Mr. Davis of Bartow:
A bill to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any pri vate way, private street, or any private property; and for other purposes.

HB 123. By Mr. Tuten of Appling:
A bill to amend section 21-105, Georgia Code 1933, so as to provide an increase in fees of coroners in counties having population of not less than 14,490 and not more than 14,500, according to 1940 or future U. S. census; and for other purposes.

HB 139. By Messrs. Towill, Eve and Morris of Richmond:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues for the County of Richmond; and for other purposes.

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HB 14Q. By Messrs. Towill, Eve and Morris of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county having a population of not more than 85,000 and not less than 81,000, the sale, the offering, or the exposing for sale of fireworks; and for other purposes.

HB 148. By Messrs. Twitty and Hand of Mitchell:
A bill to authorize the county commissioners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service of said counties for a period of thirty-five years or more; and for other purposes.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to authorize the board of commissioners of roads and revenues of Coweta county to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.

HB 154. By Mr. Glissen of Evans and Mr. Caldwell of Troup:
A bill to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county in addition to the fees and compensation now allowed by law; and for other purposes.

HB 159. By Mr. Bloodworth of Houston:
A bill to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the superior court in any of the counties of this State having a population of not less than 11,303 and not more than 11,321; and for other purposes.
The following local uncontested bills of the Senate were read the third time and put upon their passage:

SB 34. By Senator Millican of the 52nd:
A bill to amend an act approved March 16, 1939, entitled "An act to provide that counties having a population of more than two hundred thousand by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 34, section 6, page 11, by striking same in its entirety and to renumber the balance of the sections, namely 7, 8 and 9 to sections 6, 7 and 8.
The amendment was adopted.

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209

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

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

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

SB 64. By Senator Grayson of the 1st:
A hill to amend the charter of the mayor and alderman of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and alderman of the City of Savannah to provide by ordinance for creation of a Savannah River bridge commission; 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 42, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 35. By Senator Millican of the 52nd:
A hill to amend an act entitled an act to provide in Fulton county a system for pensions and retirement pay to teachers and employees of the hoard of education of Fulton county and to establish a pension fund; 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 34, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 47. By Senator Millican of the 52nd:
A hill to amend title 36, code 1933, by adding a proVJsion for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future school census; 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 35, nays 0.
The hill, having received the requisite constitutional majority, was passed.
The following looal uncontested hills of the House were read the third time and placed upon their passage:

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HB 146. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens so as to provide a civil service commission; to place the fire department and police department under the said commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 39. By Messrs. Johnson and Mallard of Bulloch: A bill to amend the charter of the City of Statesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was a~eed to.
On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 52. By Mr. Padgett of Echols: A bill to amend an act to establish a board of commissioners of roads and revenues for the County of Echols; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB68. By Messrs. Eve, Morris and Towill of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or by any future census, the solicitation of votes for any person or proposition, to prohibit loitering in the vicinity of the polls; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB88. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens and the various acts amendatory thereof, specifically sections 3 and 4 thereof, by striking from said section 3 the words "nine" and "four" in line 7, section 3, page 128, Georgia Laws 1872, and by inserting therein in lieu of the, etc.; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 90. By Mr. Beddingfield of Dooly:
A bill to amend an act approved March 2, 1943 (Ga. Laws 1943, pages 951-2) amending an act approved August 13, 1929, entitled an act to amend an act approved August 9, 1919, amending an act creating a board of commissioners of roads and revenues for the County of Dooly so that each road district shall nominate and elect its own 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 44, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 51. By Messrs. Eve, Morris and Towill of Richmond:
A bill to provide a charter for the City of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 95. By Messrs. Wells and Joel of Clarke:
A bill to amend the charter of tlie mayor and council of the City of Athens, and acts amendatory thereof; to provide for the creation of a retirement fund for the payment of benefits to salaried employees of the Water Works Department; salaried employees of the office of the city clerk including the city clerk, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayee were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee:
A bill to incorporate the Town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; and for other purposes.

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

On the passage of the bill, the ayes were 36, nays 0.

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

HB 106. By Mr. Conger of Tift:
A bill to amend an "act creating and providing a charter for the Town of Omega" approved July 30, 1912, by extending the corporate limits of said Town of Omega; and for other purposes.
The report 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 108. By Mr. Bostwick of Early:
A bill to amend an act approved August 9, 1929, entitled an act to amend an act approved July 30, 1927, Ga. Laws 1927, page 566, entitled an act to create the office of tax commissioner of Early county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB llO. By Mr. Williams of Mcintosh:
A bill to amend the act of February 26, 1876, creating commiSSioners of Mcintosh county, as amended by an act approved July 31, 1913; and for other purposes.
The report 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 109. By Mr. Williams of Mcintosh:
A bill to repeal in its entirety an act approved January 25, 1945 (Acts 1945, 'pp. 496-497) entitled an act to amend the act of February 26, 1876, creating commissioners of Mcintosh county; and for other purposes.

TUESDAY, FEBRUARY 18, 1947

213

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

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

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

HB 124. By Messrs. Towill, Morris and Eve of Richmond:
A bill to provide for the continued existence of the public school system of the County of Richmond in accordance with section X of article VIII of the Constitu tion of the State of Georgia and for its management and control as provided in an act entitled an act to regulate public instruction in the County of Richmond approved August 23, 1872, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens relating to civil service commission, election and qualifications; 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens relating to the city attorney; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

214

JOURNAL OF THE SENATE,

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act to create a new charter for the City of Newnan; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 151. By Mr. Miller of Miller:
A bill to repeal an act entitled an act to amend, consolidate and supersede several acts incorporating the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays I.
The bill, having received the requisite constitutional majority, was passed.

HB 152. By Mr. Miller of Miller:
A bill to amend an act entitled an act to prohibit livestock running at large within the corporate limit~ of the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays I.
The bill, having received the requisite constitutional majority, was passed.

HB 153. By Mr. Miller of Miller:
A bill to repeal an act entitled an act to amend, consolidate and supe~sede the sev eral acts incorporating the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to amend an act incorporating the City of Dalton so as to provide for the election and duties of the tax assessors of said city; and for other purposes.

TUESDAY, FEBRUARY 18, 1947

215

The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 167. By Mr. Mann of Henry:
A bill to amend an act creating the charter of the City of McDonough; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

HB 135. By Mr. Conger of Tift:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues in and for the County of Tift; and for other purposes.
Senator Branch moved to amend HB 135 as follows:
By inserting the words ..beginning with the March term, 1947" immediately following the clause: "the exact amount to be determined annually by the grand jury" in section 9, as well as in the caption.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
Under the established order of business the following bill of the House was taken up for further consideration:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and many others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.

216

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Adams Arnold Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell

Darby Dorsey Ferguson Grayson Hodges Hooks Howard Huckeba Kiker Killingsworth Mason Miller

Mitchell Odom Overstreet Richardson Smiley Sumner Tarbutton Tippins Walker Weaver Wells Wideman

Those voting in the negative were Senators:

Baker Griffith Gwyn Hogg Kennon

Knox Logan Millican Pannell Parker

Seay Trippe Williams Woodall Yates

Not voting were Senators Callaway and Sams. The roll call was verified. The Committee on Special Judiciary did not make any recommendation on HB 13. On the passage of the bill as amended, the ayes were 36, nays 15. The hill, having received the requisite constitutional majority, was passed, as amended. Senator Millican of the 52nd moved that HB 13 be immediately transmitted to the House and the motion prevailed.

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

SB 10. By Senator Daniell of the 49th:
A hill to he entitled an act defining "employee", "employer", "employment" and "labor organization"; and requiring as a condition of employment that any employee become affiliated with any labor organization; and for other purposes.

TUESDAY, FEBRUARY 18, 1947

217

The report 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 11. By Senator Daniell of the 49th:
A bill making it unlawful for apy employee, employer, or labor organization to use intimidation, violence or threats in connection with any employee quitting or continuing in employment; or for two or more persons assembling near any place where labor dispute exists or obstructing the entrance or egress of any place of employment where labor dispute exists or compelling any person to join or refrain from joining any labor organization; or preventing any person from lawfully en gaging in any business activity; and for other purposes.
The report 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.
Senator Grayson of the 1st asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning.
Senator Grayson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

218

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, February 19, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offerel by the chaplain, Rev. A. M. Pierce.

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

Adams

Griffith

Overstreet

Arnold

Gwyn

Pannell

Baker

Hodges

Parker

Blitch

Hogg

Richardson

Boone

Hooks

Seay

Branch

Howard

Smiley

Brown

Huckeba

Sumner

Burks

Kennon

Tarbutton

Bush

Kiker

Tippins

Butler

Killingsworth

Trippe

Carswell

Knox

Walker

Coker

Logan

Weaver

Daniell

Mason

Wideman

Darby

Millican

Williams

Ferguson

Mitchell

Woodall

Grayson

Odom

Yates

Senator Knox of the 29th 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. Consideration of local bills and resolutions of the Senate and House. 6. Consideration of general bills and resolutions of the Senate and House.
The consent was granted.

WEDNESDAY, FEBRUARY 19, 1947

219

Senator Darby of the 15th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters and recommitted to the Committee on Municipal Government:

HB 47. By Mr. Hall of Treutlen:
A bill to amend an act approved August 17, 1920, entitled an act to incorporate the City of Soperton; to define the corporate limits of the City of Soperton; and for other purposes.
The consent was granted.
The following resolution was read and adopted: By Senators Butler of the 7th and Daniell of the 49th:
WHEREAS, Honorable H. L. Wingate, president of the Georgia Farm Bureau, is recognized as one of the greatest workers in behalf of the farmer that the State of Georgia has ever produced;
THEREFORE, Be It Resolved that he be accorded the privilege of the floor of the Senate.
The following bills of the Senate were introduced, read the first time and referred to the committees:
SB 76. By Senator Smiley of the 2nd:
A bill to incorporate the City of Lambert; to create a charter; to prescribe the limits of said city; to provide for the mayor and council and other officials and employees; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 77. By Senator Millican of the 52nd:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000 according to the last census and providing a new pension system for members of the police department; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 78. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more according to 1940 or future U. S. census there is established the position of police chief; to provide his election, duties, salary; to amend act of 1914; and for other purposes.
Referred to Committee on Counties and County Matters.

220

JOURNAL OF THE SENATE,

SB 79. By Senator Millican of the 52nd:

A bill to authorize in all counties of 200,000 or more to transfer garbage disposal functions to the county board of health; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 80. By Senator Millican of the 52nd:
A bill to amend an act of 1937 pertaining to garbage disposal in counties of 200,000 or more according to 1930 or future census; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 81. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 82. By Senator Millican of the 52nd:
A bill to amend an act approved July 24, 1920, relative to salary of county treasurer of Fulton County so as to increase said salary from $5,000 to $6,000 per year; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 83. By Senator Millican of the 52nd:
A bill to provide a law department for Fulton county; to provide duties and for appointment of personnel; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 84. By Senators Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A bill to repeal an act creating a State director of housing; to create in lieu thereof a State housing authority board; to provide a membership of three; to transfer to such board all the powers, duties, functions, obligations and liabilities imposed upon the state director of housing under all housing authorities laws; to provide for an election of a State authority director by said board; and for other purposes.
Referred to Committee on State of Republic.

WEDNESDAY, FEBRUARY 19, 1947

221

SB 85. By Senators Grayson of the 1st, Coker of the 39th, Pannell of the 43rd, Boone of the 21st and Carswell of the 17th:

A bill to. amend an act approved February 3, 1934, known as the revenue tax act to legalize and control alcoholic beverages and liquors by eliminating private persons, firms and corporations from engaging in distribution and/ or sale of alcoholic beverages and liquors at wholesale; by authorizing the State of Georgia through its State revenue commissioner to operate for the benefit of the State the sale and distribution of alcoholic beverages and liquors at wholesale; and for other purposes.

Referred to Committee on Temperance.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 47. Do Pass.

Respectfully submitted,
Darby of 15th Disa-ict, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bjlls of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 102. Do Pass.

HB 134. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

222

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 10.

SB 11. SB 34. SB 35. SB 47.

SB 64. SR 14.

SR 15.

Respectfully submitted,

Wideman of 46th District, Chairman

Senator Coker of the 39th asked unanimous consent that the Senate continue in session until 2 o'clock today and when it adjourn it stand adjourned until 11 o'clock tomorrow morning.
The consent was granted.

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

HB 91. By Mr. Lovett of Laurens:
A bill to amend an act to create a new charter for the City of Dublin, and for other purposes.

HB 103. By Mr. Pulliam of Elbert: A bill to amend an act incorporating the City of Elberton, and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

223

HB 133. By Mr. Witherington of Wilcox:
A bill to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:
A bill to vest the title, in fee simple, to parts of blocks numbers 53 and 54 and to the land lying between said parts of said blocks in the City of Columbus, Muscogee county, and for other purposes.

HB 177. By Mr. Harrison of Jenkins:
A bill to amend an act entitled an act to establish the city court of Millen, and for other purposes.

HB 178. By Mr. Witherington of Wilcox: A bill to create a new charter for the City of Abbeville, and for other purposes.

HB 179. By Mr. Witherington of Wilcox:
A bill to amend an act entitled an act to reincorporate the Town 'of Abbeville, and for other purposes.

HB 181. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens, and the various acts amendatory thereof; and for other purposes.

HB 194. By Messrs. Overby and Kenyon of Hall:
A bill to amend the charter of the City of Gainesville and the acts amendatory thereof; and for other purposes.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to amend an act to establish a city court in the County of Hall, and to pro .vide for the appointment ofr a judge and solicitor thereof; and for other purposes.

HB 198. By Mr. Yawn of Dodge:
A bill to provide that_ the sheriff of Dodge county and his deputies be paid a salary in lieu of fees and compensation; and for other purposes.

HB 199. By Mr. Yawn of Dodge:
A bill to repeal an act providing for the appointment of a probation officer for Dodge county; and for other purposes.

224

JOURNAL OF THE SENATE,

HB 201. By Mr. Yawn of Dodge:
A bill to repeal an act establishing the city court of Eastman in the County of Dodge as amended; and for other purposes.

HB 202. By Mr. Yawn of Dodge:
A bill to provide that the clerk of the superior court of Dodge county, his deputy clerk and assistants, shall be paid a salary in lieu of fees now collected as com pensation for services rendered as clerk of the superior court; and for other purposes.

HB 205. By Mr. Yawn of Dodge:
A bill to amend an act to establish the city court of Eastman; and for other purposes.

HB 206. By Mr. Yawn of Dodge:
A bill to establish a city court of Eastman, in the County of Dodge; and for other purposes.

HB 207. By Mr. Lovett of Laurens:
A bill to incorporate the Town of East Dublin, in the County of Laurens; and for other purposes.

HB 209. By Messrs. Dobbs and Jordan of Gwinnett:
A bill to fix the salary of the treasurer of Gwinnett county in lieu of commissions; and for other purposes.

HB 220. By :\fr. Harrison of Jenkins:
A bill to amend an act to create the office of tax commissioner of Jenkins County, Georgia; and for other purposes.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to amend the charter for the City of Marietta with reference to the business licenses, etc.; and for other purposes.

HB 235. By Messrs. Kenyon and Overby of Hall:
A bill to amend an act entitled Gainesville retirement fund, approved February 24, 1941, which was an act to amend the charter of the City of Gainesville and other acts amendatory thereof; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

225

HB 247. By Mr. Hefner of Pickens:

A bill to amend, consolidate and supersede the several acts incorporating the Town of Jasper, in the County of Pickens; and for other purposes.

HB 105. By Messrs. Wells and Joel of Clarke:
A bill to amend paragraph 56A of the general tax act of 1935 imposing the tax or license fee on persons, firms or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions; and for other purposes.

I!B 187. By Mr. Welsch of Cobb:
A bill to amend the city charter of Acworth; and for other purposes.
I
The House has agreed to all Senate amendments with the exception of amendment to section 49A of the following bill of the House, to wit:

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, and others:
A bill to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections; and for other purposes.
The following bills of the House were read the first time and referred to committees;

HB 91. By Mr. Lovett of Laurens;
A bill to amend an act to create a new charter for the City of Dublin ; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 103. By Mr. Pulliam of Elbert: A bill to amend an act incorporating the City of Elberton; and for other purposes.
Referred to Committee on Municipal Government.

HB 133. By Mr. Witherington of Wilcox:
A bill to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.
Referred to Committee on Counties and County Matters.

226

JOURNAL OF THE SENATE,

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:

A bill to vest the title, in fee simple, to parts of blocks numbers 53 and 54 and to the land lying between said parts of said blocks in the City of Columbus; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 177. By Mr. Harrison of Jenkins:
A .bill to amend an act entitled an act to establish the city court of Millen; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 178. By Mr. Witherington of Wilcox: A bill to create a new charter for the City of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 179. By Mr. Witherington of Wilcox:
A bill to amend an act entitled a~ act to reincorporate the Town of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 181. By Messrs. Wells and Joel of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens, and the various acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 194. By Messrs. Overby and Kenyon of Hall:
A bill to amend the charter of the City of Gainesville and the acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to amend an act to establish a city court in the County of Hall, and to proviJle for the appointment of a judge and solicitor thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 19, 1947

'
227

HB 198. By Mr. Yawn of Dodge: A bill to provide that the sheriff of Dodgt.> county and his deputies be paid a salary in lieu of fees and compensation; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 199. By Mr. Yawn of Dodge:
A bill to repeal an act providing for the appointment of a probation officer for Dodge county; and for other purposes.
Referred to Committee on Counties and County Matters.

IIB201. By Mr. Yawn of Dodge:
A bill to repeal an act establishing the city court of Eastman in the County of Dodge as amended; and for other purposes. Referred to Committee on Counties and County Matters.

HB202. By Mr. Yawn of Dodge:
A bill to provide that the clerk of the superior court of Dodge county, his deputy clerk and assistants, shall be paid a salary in lieu of fees now collected as compensation for services rendered as clerk of the superior court; and for other purposes.
Referred to Committee on Counties and County Matters.

HB205. By Mr. Yawn of Dodge:
A bill to amend an act to establish the city court of Eastman; and for other purposes. Referred to Committee on Counties and County Matters.

HB 206. By Mr. Yawn of Dodge:
A bill to establish a city court of Eastman, in the County of Dodge; and for other purposes. Referred to Committee on Counties and County Matters.

HB 207. By Mr. Lovett of Laurens:
A bill to incorporate the Town of East Dublin, in the County of Laurens; and for other purposes. Referred to Committee on Municipal Government.

I

228

JOURNAL OF THE SENATE,

HB 209. By Messrs. Dobbs and Jordan of Gwinnett:

A bill to fix the salary of the treasurer of Gwinnett county in lieu of commissions; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 220. By Mr. Harrison of Jenkins:
A bill to amend an act to create the office of tax commissioner of Jenkins county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to amend the charter for the City of Marietta with reference to the business licenses, etc.; and for other purposes. Referred to Committee on Municipal Government.

HB 235. By Messrs. Kenyon and Overby of Hall:
A bill to amend an act entitled Gainesville retirement fund, approved February 24, 1941, which was an act to amend the charter of the City of Gainesville and acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 247. By Mr. Hefner of Pickens:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Jasper, in the county of Pickens; and for other purposes.
Referred to Committee on Municipal Government.

HB 105. By Messrs. Wells and Joel of Clarke:
A bill to amend paragraph 56A of the general tax act of 1935 imposing the tax or license fee on persons, firms or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions; and for other purposes.
Referred to Committee on Finance.

HB 187. By Mr. Welsch of Cobb: A bill to amend the city charter of Acworth: and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, FEBRUARY 19, 1947

229

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

HB 102. By Mr. Lockett of Randolph:
A bill amending several acts creating a board of commissioners of roads and revenue for Randolph county; and for other purposes.

HB 134. By Mr. Conger of Tift:
A bill to create and establish in Tift county a Tift county _hospital board; and for other purposes.
The following uncontested local bills of the House were read the third time and put upon their passage:

HB 5. By Messrs. Jennings and Kidd of Baldwin:
A bill to amend an act entitled an act to amend an act approved December 22, 1898, providing for the election of board of county commissioners by the people of Baldwin County; to provide for the election of a chairman ; when the election shall be held; and for other purposes.
The report 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.
'
EB 62. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to increase the salary of the solicitor general of the Chattahoochee circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was 1greed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

UB 123. By Mr. Tuten of Appling:
A bill to amend section 21-105 of the Code of Georgia so as to provide for an increase in the fees of coroners in counties, etc.; and for other purposes.

230

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 46, nays 1.
.The bill, having received the requisite constitutional majority, was passed.

HB 139. By Messrs. Towill, Eve and Morris of Richmond:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues for the County of Richmond; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 140. By Messrs. Towill, Eve and Morris of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county having a population of not more than 85,000 and not less than 81,000, the sale, the offering, or the exposing for sale of fireworks; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

'

HB 148. By Messrs. Twitty and Hand of Mitchell:

A bill to authorize the county commissioners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service of said counties for a period of thirty.five years or more; and for other purposes.

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

On the passage of the bill, the ayes were 37, nays 1.

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

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to authorize the board of commissioners of roads and revenues of Coweta county to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

231

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

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

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

HB 154. By Messrs. Glissen of Evans and Caldwell of Troup:
A bill to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county in addition to the fees and compensation now allowed by law; 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. 39, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 159. By Mr. Bloodworth of Houston:
A hill to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the superior court in any of the counties of this State having a population of not less than 11,303 and not more than 11,321 ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 37, n~ys 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Grayson of the 1st moved that the Senate agree to the position of the House in disagreeing with the Senate amendment to section 49A to the following hill of the House:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and others_:
A hill to revise the election laws and to repeal all laws or parts of laws providing ing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any mimner to the holding of primaries by any political party, organization, or association; and for other purposes.
On the motion, Senator Grayson of the 1st called for the ayes and nays and the call was sustained.

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The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Branch Brown Burks Bush Butler Carswell

Coker Darby Gmyson Hodges Hooks Howard Kiker Killingsworth Miller Mitchell

Odom Overstreet Pannell Richardson Smiley Tarbutton Walker Weaver Wideman

Those voting in the negative were Senators:

Arnold Ferguson Griffith Gwyn Hogg Huckeba Kennon

Knox Logan Mason Millican Parker Seay Sumner

Tippins Trippe Williams Woodall Yates

Not voting were Senators Callaway, Daniell, Dorsey, Sams and Wells.
On the motion of Senator Grayson of the 1st, the ayes were 29, nays 19, and the motion prevailed.
Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 52.
Respectfully submitted, Wideman of 46th District, Chairman
The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:

SB 15. By Senator Millican of the 52nd:
A bill to amend an act of March 20, 1943, known as authorizing and maintaining common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

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233

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

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

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

Senator Millican of the 52nd asked unanimous consent that the following bill be tabled:

SB 22. By Senator Millican of the 52nd:
A bill to repeal an Act approved October 10, 1868 (Georgia Laws 1868, page 24) entitled an act to change the law of evidence as amended by an act approved February 28, 1874, and entitled an act to amend section 4637 of the Code of Georgia by striking out the words "for a felony" in the second line of said section; and for other purposes.
The consent was granted.

SB 24. By Senator Millican of the 52nd:

A bill to be entitled an act to repeal section 64-208 of the Code of Georgia of 1933, which reads: "The question of who is the lawful Governor of this State may' not be tried by quo warranto."; to repeal section 64-209 of the Code of Georgia of 1933, which reads: "The writ of quo warranto will not lie to the duly inaugurated Governor, but it does lie to all other civil or military officers."; and for other purposes.

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

Senator Millican of the 52nd called for the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Senators:

Arnold Baker Branch Carswell Daniell Ferguson Griffith

Hogg Huckeba Kennon Kiker Knox Logan Mason

Millican Overstreet Parker Seay Williams Woodall Yates

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Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Coker Darby Grayson

Gwyn Hodges Hooks Howard Killingsworth Miller Mitchell Odom Pannell Richardson

Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wideman

Not voting were Senators Callaway, Dorsey, Sams and Wells.

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

On the passage of the bill, the ayes were 21, nays 28.

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

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to amend section 1~2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by banks of stocks and investment securities, by insert ing therein a new provision as to the purchase of obligations of the federal gov ernment and its instrumentalities; and for other purposes.

Senator Trippe of the 38th offered the following substitute:
A bill to be entitled an act to amend code section 132023 pertaining to the purchase of stocks and investment securities by a bank by striking the amount of investment securities that may be purchased by a bank of "25% of the capital and unimpaired surplus" and by inserting in lieu thereof the following: "The total amount of such investment securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply. to obligations of the United States government, or of the State of Georgia, nor to obligations issued by the federal land banks, Federal Farm Mortgage Corporation, federal home loan banks or to the Home Loan Owners Corporation, or to other obligations guaranteed as to principal and interest by the United States government"; and for other purposes.

SECTION I
BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, THAT CODE SECTION 132023 WHICH READS AS FOL LOWS:
"132023. Purchase, etc., of stocks and investment securities. No bank shall subscribe for, purchase, or hold stock in any other bank, except stock in the Fed eral Reserve Bank of Atlanta, necessary to qualify for membership therein, nor in

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235

any other corporation unless the same shall have been transferred to it in satisfaction of a debt previously contracted, or shall have been purchased at a sale under a power contained in a note. or other instrument by which it was pledged to the bank or under a judgment or decree in its favor, and all such stock shall he disposed of by the bank within six months, unless the superintendent of banks shall extend the time for good cause shown; nor shall a bank purchase or hold any bonds or debentures except such as are classed as investment securities, and the buying and selling of such securities shall be limited to buying and selling without recourse marketable obligations upon which there has never been a default, evidencing indebtedness of any person, partnership, association, or corporation in the form of bonds, notes and/or debentures, commonly known as investment securities, under such regulations as may be prescribed by the superintendent of banks. The total amount of such investment securities shall at no time exceed 25 per cent of the capital and unimpaired surplus of such bank; but this limitation as to the amount shall not apply to obligations of the United States, of this State, or of the several counties, districts, or municipalities thereof which hav~ been validated as provided by law. Nothing in this section is to be construed as applying to savings banks doing a savings business only: Provided, that this section shall not apply to securities actually owned January 1, 1920: Provided, further, that any bank many subscribe for or purchase stock in an agricultural credit corporation duly organized under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to rediscount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than 10 per centum of its capital, and no such subscription or purchase shall be made until first approved by the superintendent of banks."
be and the same is hereby amended by striking the sentence
"The total amount of such investment securities shall at no time exceed 25 per cent of the capital and unimpaired surplus of such bank; but this limitation as ~o this amount shall not apply to obligations of the United States, of this State, or of the several counties, districts or municipalities thereof which have been v;ilidated as provided by law."

and by inserting in lieu thereof the following:
"The total amount of such investment securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply to obligations of the United States government, or of the State of Georgia, nor to obligations issued by the federal land banks, Federal Farm Mortgage Corporation, federal home loan banks or to the Home Loan Owners Corporation, or to other obligations guaranteed as to principal and interest by the United States government."
so that said code section 13-2023 as amended will read as follows:
"13-2023. Purchase, etc., of stocks and investment securities. No bank shall subscribe for, purchase, or hold stock in any other bank, except stock in the Federal Reserve Bank of Atlanta, necessary to qualify for membership therein, nor in any other corporation unless the same shall have been transferred to it in satisfaction of a debt previously contracted, or shall have been purchased at a sale under a power contained in a note or other instrument by which it was pledged to the bank or under a judgment or decree in its favor, and all such stock shall be disposed of by the bank within six months, unless the superintendent of banks shall extend the time for good cause shown; nor shall a bank purchase or hold any bonds or debentures except such as are classed as investment securities, and the buying and

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JOURNAL OF THE SENATE,

selling of such securities shall be limited to buying and selling without recourse marketable obligations upon which there has never been a default, evidencing indebtedness of any person, partnership, association, or corporation in the form
of bonds, notes and I or debentures, commonly known as investment securities, under
such regulations as may be prescribed by the superintendent of banks. The total amount of such investment securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply to obligations of the United States government, or of the State of Georgia, nor to obligations issued by the federal land banks, Federal Farm Mortgage Corporations, federal home loan banks or to the Home Loan Owners Corporation, or to other obligations guaranteed as to principal and interest by the United States government. Nothing in this section is to be construed as applying to savings banks doing a savings business only: Provided, that this section shall not apply to securities actually owned January 1, -1920: Provided, further, that any bank may subscribe for or purchase stock in an agricultural credit cor poration duly organized under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to rediscount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than 10 per centum of its capital, and no such subscription or purchase shall be made until first approved by the superintendent of banks."

SECTION II
All laws and parts of laws in conflict herewith be and the same is hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
~n the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to amend section 109103 of the Code of Georgia of 1933, relating to the election and powers of boards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 38. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
.A hill to amend section 132001 of the Code of Georgia of 1933, relating to the boards of directors of banks, by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; 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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237

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

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

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to amend section 109406 of the Georgia Code 1933, relating to boards of directors of banks which have acquired trust powers, by providing that the direc tors may appoint an executive committee of three; and for other purposes.
The report 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 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to amend section 67103 of the Georgia Code 1933, relating to what a mort gage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 85-1803; and for other purposes.
The report 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 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the lst:
A bill to amend section 94-506 of chapter 94-5 of Georgia Code 1933, relating to railroad crossings, by striking from said section the following: "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast", and inserting in lieu: "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

Senator Weaver of the 51st moved that action on the following bill of the Senate be postponed:

SB 51. By Senators Weaver of the 51st and Hooks of the 16th:
A bill to prevent the intimidation of registrars and their deputies while in the discharge of their duties; to declare such action a felony; and that in addition the offender shall be disfranchised; and for other purposes.
The motion prevailed.

SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing and directing the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the states of Georgia and Tennessee in the event the State of Ten nessee fails to agree upon said boundary line the commission heretofore authorized; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Millican of the 52nd asked unanimous consent that SR 14 and SR 15 be immediately transmitted to the House.
The consent was granted.
Senator Pannell of the 43rd asked unanimous consent that the following bills of the Senate be withdrawn from the Committee of Special Judiciary and recommitted to the Committee on General Judiciary:

SB 55. By Senators Pannell of the 43rd and Boone of the 21st:
A bill to provide that a brief of evidence in all motions for new trials shall be dispensed with and shall not be required in certain cases; to provide that assignments of error in bills of exceptions shall not be required upon the final judgment in certain cases; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

239

SB 56. By Senators Pannell of the 43rd and Boone of the 21st:

A bill to provide for the venue of suits and citations, for settlement, accounting and removal, against non-resident administrators and executors or guardians ap pointed by any court of this State; to pcovide for service thereof, and to provide for an attorney-in-fact for service upon such administrators and executors; and for other purposes,

The consent was granted.

HB 79. By Mr. Davis of Bartow:
A bill to be entitled an act to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motor cycle upon any private way, private street, or on any private 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 31, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Grayson of the 1st asked unanimous consent that when the Senate adjourn today, it stand adjourned until 11 o'clock tomorrow morning.
The consent was granted.
Senator Grayson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
The president pro tempore announced the Senate adjourned until 11 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 20, 1947.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president pro tempore:
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Ferguson Grayson Griffith

Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet

Pannell Parker Richardson Seay Smiley Sumner Tarbutton Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox ef the 29th 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 estab lished as order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills &D.d resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported.
5. Third reading and consideration of local bills and resolutions of the Senate and House.
6. Third reading and consideration of general bills and resolutions of the Senate and House.
The consent was granted.

THURSDAY, FEBRUARY 20, 1947

241

The following message was received from the House th~ough Mr. Boone, the Clerk thereof:

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

HB 104. By Mr. Oden of Pierce:
A bill to establish the city court of Blackshear in the County of Pierce; and for other purposes.

HB 161. By Mr. Bennett of Barrow:
A bill to provide that the salary of the clerk of the board of commissioners of roads and revenues of the County of Barrow receive a salary of not more than $150 per month, the actual amount to be determined by the board .of commissioners, and for other purposes.

HB 188. By Messrs. Davis and Jenkins of Bartow:
A bill to increase the fees of coroners, jurors summoned by the coroner, and the sheriffs fees, in connection with the holding of an inquest up01l a dead body, in counties having population of not less than 25,280 and not more than 25,300 according to the United States census of 1940, and for other purposes.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide for the counties of this state having a population of not less than 83,783 and not more than 83,799, to employ stenographers to take down and transcribe evidence at coroner's inquest, and for other purposes.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing the criminal court of Fulton County, by fixing the salary of the solicitor general of said court, by providing for appointment and salaries of assistant solicitors and investigators of said court; and for other purposes.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act, establishing a juevenile court in certain counties by providing that in counties having a population of 200,000 or more, the salary of the judge of said court shall be $8500.00 per annum; and for other purposes.

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JOURNAL OF THE SENATE,

HB 239. By Mr. Morrison of Montgomery:
A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Montgomery; and for other purposes.

HB 240. By Mr. Witherington of Wilcox:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this atate having a population of not less than 1~,751 and not more than 12,758 according to the United States Census of 1940; and for other purposes.

HB 258. By Mr. Chalker of Pulaski:
A bill to amend an act approved January 25, 1938, Ga. Laws, 1938, pp. 873-874, amending an act approved August 7, 1924, Ga. Laws 1924, p. 363, by raising the salary of the clerk of the hoard of commissioners of roads and revenues of Pulaski County from ($900.00) nine hundred dollars per annum to ($1200.00) twelve hundred dollars per annum; and for other purposes.

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

SB 12. By Senater Millican of the 52nd:
A bill to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.

SB 28. By Senator Kennon of the 53rd:
A hill to amend an act entitled "Cook Board of Commissioners Created," approved August 12, 1919, the same creating a board of commissioners of roads and revenues for Cook County; and for other purposes.

Mr. President:
Under the provisions of the following resolution of the House, the Speaker appointed the following as a committee on the part of the House to investigate the effect of pending veterans affairs legislation:

HR 52. By Messrs. Flynt of Spalding, Hicks of Floyd and Eve of Richmond.
A resolution to provide for the appointment of a joint committee to investigate the effect of pending veterans affairs legislation and to report its findings.
Messrs. Flynt of Spalding Wells of Clarke Fowler of Douglas

THURSDAY, FEBRUARY 20, 1947

243

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

HB 104. By Mr. Oden of Pierce:
A bill to amend an act establishing the city court of Blackshear, Pierce County; to define its jprisdiction; to provide for appointment of a judge, solicitor and other officers; to provide for pleading and practice and new trials, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 161. By Mr. Bennett of Barrow:
A bill to provide that the salary of the clerk of the board of COIDIDlSSloners of roads and revenues of the County of Barrow be not more than $150.00 per month; and for other purposes. Referred to Committee on Counties and County Matters.

HB 188. By Messrs. Davis and Jenkins of Bartow:
A bill to increase the fees of coroners, jurors summoned by the coroner, and the sheriffs fees, in connection with the holding of an inquest upon a dead hody; and for other purposes. Referred to Committee on Counties and County Matters.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide for counties having a population of not less than 83,703 and not more than 83,799, to employ stenographers to take down and transcribe evidence at coroner's inquest; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing the criminal court of Fulton County, by fixing the salary of the solicitor general; and for other purposes. Referred to Committee on Counties and County Matters.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to establish a juvenile court in certain counties; and for other purposes. Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 239. By Mr. Morrison of Montgomery:
A bill for the disposition of fines and forfeitures accumulating in the superior court of Montgomery County, by providing th~ all funds arising from fines and for feitures be applied first to payment of solvent and insolvent costs accruing in criminal cases and that the remainder, if any, be paid one third to the clerk of the superior court of said county, one third to the sheriff of said county, and one third to the solicitor general of the Oconee judicial circuit for the use of said county; and for other purposes.
Referred to Committee on Counties and County Matters

HB 240. By Mr. Witherington of Wilcox:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroner's inquest; in counties having a population of not less than 12,751 and not more than 12,758 according to 1940 U. S. Census; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 258. By Mr. Chalker of Pulaski:
A bill to amend an act increasing the salary of the clerk of the board of com missioners of roads and revenues of Pulaski County; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

SB 72. SB 76. SB 77. SB 78. SB 79. SB 80. SB 81. SB 82. SB 83. HB 16. HB 23. HB 24. HB 25. HB 26.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass, as amended by committee. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

THURSDAY, FEBRUARY 20, 1947

245

Mr. Trippe of the 38th District, chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:

Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:

SB 69. Do Pass as amended.

Respectfully submitted,

Trippe of 38th District, Chairman

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:

Your Committee on Education and Public Schools has had under consideratiQn the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 28. Do Pass.

Respectfully submitted,

Woodall of 25th District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

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

SB 13. Do Pass.

HB 1. Do Not Pass.

HB 57. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

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JOURNAL OF THE SENATE,

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic has had under consideration the following bills and resolution of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 84. Do Pass. HB 86. Do Pass. HR 27. Do Pass.

Respectfully submitted,
Weaver of 51st District, Chairman

Mr. Boone of the 21st District, chairman of the Committee on General Judiciary,
submitted the following report:

Mr. President:
Your Committee on General Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 73. Do Pass. SB 68. Do Pass. SB 54. Do Pass. HB 19. Do Pass. HB 17. Do Pass. HB 53. Do Pass. HB 54. Do Pass. HB 76. Do Pass.

Respectfully submitted,
Boone of. 21st District, Chairman

THURSDAY, FEBRUARY 20, 1947

247

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and
Enrolling submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and have instructed me, as chairman, to report the same hack to the Senate as correct and ready for transmission to the House:

SB 15. SB 36. SB 37. SB 38. SB 39. SB 41. SB 43.

Respectfully submitted,
Wideman of 46th District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by _..the committees, were read the second time:
SB 13. By Senator Millican of the 52nd: A hill to he entitled an act to amend the code to provide women to serve on juries; and for other purposes.
SB 54. By Senator Millican of the 52nd: A bill to regulate the practice of architecture in this state; and for other purposes.

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to provide for creation of a refunding bond commission, with power to secure all necessary infonnation, and to approve or disapprove issuance of bonds for refunding any bonded indebtedness of any county, municipality, or political subdivision, including authority to approve or disapprove the amount and terms of such refunding bonds, where such county, municipality or political subdivision has not the funds available to meet payment of outstanding ponded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund; to prescribe duties and powers; to provide for validation of said bonds; and for other purposes.

SB 69.

By Senators Tarbutton of the 20th, Grayson of the 1st and Tippins of the 48th:
A bill to amend Part ll, of Title 14, Ga. Code 1933, relating to bills and notes and to public and legal holidays, etc., by adding a new section, Sec. 14-1809-a,

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JOURNAL OF THE SENATE,

t~ provide that banks and other financial institutions located in any town or city of 55,000 population or more by 1940 census may remain closed on any Wednesday or any Saturday in any week, unless there occurs in such week a previously designated legal holiday; and for other purposes.

SB 72. By Senator Millican of the 52nd:
A hill to provide for investment of proceeds of sale of bonds by counties, munici palities, school districts and other governmental agencies when such proceeds cannot be immediately used; and for other purposes.

SB 73. By Senator Millican of the 52nd:
A bill to provide means whereby restoration to sanity and capacity may be estab lished by judgment of the court of ordinary; and for other purposes.

SB 76. By Senator Smiley of the 2nd:
A hill to incorporate the City of Lambert; to create a charter; to prescribe the limits of said city; to provide for the mayor and council and other officials and employees; and for other purposes.

SB 77. By Senator Millican of the 52nd:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000 according to the last census and pro viding a new pension system for members of the police department; and for other ~ purposes.

SB 78. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more according to 1940 or future U. S. census there is established the position of police chief; to provide his election, duties, salary; to amend act of 1914; and for other purposes.
SB 79. By Senator Millican ,of the 52nd:
A bill to authorize in all counties of 200,000 or more to transfer garbage function disposal functions to the county board of health; and for other purposes.

SB 8'0. By Senator Millican of the 52nd:
A bill to amend an act of 1937 pertammg to garbage disposal in counties of 200,000 or more according to 1930 or future census; and for other purposes.

SB 81.

By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

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249

SB 82. By Senator Millican of the 52nd:
A hill to amend an act approved July 24, 1920, relative to salary of county treasurer of Fulton County so as to increase said salary from $5000 to $6000 per year; and for other purposes.

SB 83. By Senator Millican of the 52nd: A bill to provide a law department for Fulton County; to provide duties and for appointment of personnel; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 84. By Senators Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A hill to repeal an act creating a state director of housing; to create in lieu thereof a state housing authority board; to provide a membership of three; to transfer to such hoard all the powers, duties, functions, obligations and liabilities imposed upon the state director of housing under all housing authorities laws; to provide for an election of a state authority director by said hoard; and for other purposes.

HB 16, By Mr. Cheek of Franklin:
A bill to create the office of commissioner of roads and revenues, an advisory board consisting of three members and a clerk in Franklin County; and for other purposes.

HB 17. By Mr. Hicks of Floyd:
A hill providing for payment of attorney's fees in all citations for contempt, upon hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.

HB 19. By Mr. Hicks of Floyd:
A hill providing that a brief of evidence in all motions for a new trial shall he dispensed with and shall not he required in certain cases; to provide that assign ments of error in hills of exceptions shall not be required upon final judgment in certain cases; and for other purposes.

HB 23. By Messrs. Johnson and Mallard of Bulloch:
A hill approved August 10, 1903, to increase the salary of the judge of the city court of the City of Statesboro; and for other purposes.

HB 24. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act approved August 11, 1924, so as to increase the salary of the two members of the board of county commissioners of the County of Bulloch; to provide $1500 to the chairman for clerical help; and for other purposes.

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JOURNAL OF THE SENATE,

HB 25. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act approved March 24, 1937, to provide the sum of $500 to the county tax commissioner from the county treasury of Bulloch County for aid in securing clerical help; and for other purposes.

HB 26. By Messrs. Johnson and Mallard of Bulloch: A bill amending an act creating the city court of Statesboro; and for other purposes.

HB 28. By Mr. McCracken of Jefferson:
A bill to authorize and empower county boards of education to condemn private property for public school purposes; and for other purposes.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend section 68-803 of th~ Code of Georgia of 1933 to provide for jurisdiction of the courts of the state over non-resident motorist using the highways of this state; and for other purposes.

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, to include therein additional classes of persons who may be a witness and cross examination with the further right of impeachment; and for other purposes.

HB 57. By Mr. Etheridge of Fulton:
A bill to provide that it shall be lawful for any person, firm, part~ership or
corporation of this state to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200.00, without the necessity of appointing a guardian, and to exempt such wages from garnishment; and for other purposes.

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill 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; to provide for the return of property of the estate of such missing person in the event that he should reappear; and for other purposes.

HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to amend the public safety act so as to increase the issuance of two year licenses to five year licenses; and for other purposes.

THURSDAY. FEBRUARY 20, 1947

251

HR 27. By Mr. Garrard of Wilkes:
A resolution creating a commission to act on the part of the state in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the following bill of the Senate be withdrawn from the Commit!ee on Municipal Government, read the second time and recommitted:

SB 71. By Senator Millican of the 52nd:
A bill to amend Section 23-1705, Ga. Code, relating to bonds for public contractors to provide that terms of said section shall not apply to contracts with any municipal corporation having a population of 250,000 by last or future census for public work where total contract price does not exceed $1,000; and for other purposes.
The consent was granted.
The following local uncontested bills of the House were read the third time and put upon their passage:

HB 47. By Mr. Hall of Truetlen:
A bill to amend an act approved August 17, 1920, entitled an act to incorporate the City of Soperton; to define the corporate limits of the City of Soperton; and for ot.her purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 102. By Mr. Lockett of Randolph:
A bill to amend the several acts creating a board of commissioners of roads and revenues for Randolph County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was. passed.

HB 134. By Mr. Conger of Tift:
A bill to create and establish in Tift County, a Tift County hospital board; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.

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

Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 2. By Messrs. Gowen and Nightingale of Glynn: A bill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the power vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the following bills of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 103. By Mr. Pulliam of Elbert: A bill to amend an act incorporating the City of Elberton; and for other purposes.
HB 178. By Mr. Witherington of Wilcox: A bill to create a new charter for the City of Abbeville; and for other purposes.
HB 179. By Mr. Witherington of Wilcox: A bill to amend an act entitled "an act to reincorporate th~ Town of Abbeville"; and for other purposes.
HB 181. By Messrs. Wells and Joel of Clarke: A bill to amend an act entitled "an act to amend the charter of the Town of Athens," and the various acts amendatory thereof; and for other purposes.
HB 194. By Messrs. Overby and K.enyon of Hall: A bill to amend the charter of the City of Gainesville and the acts amendatory thereof; and for other purposes.

THURSDAY, FEBRUARY 20, 1947

253

HB 187. By Mr. Welsch of Cobb: A bill to amend the city charter of Acworth; and for other purposes.

HB 207. By Mr. Lovett of Laurens: A bill to incorporate the Town of East Dublin, in the County of Laurens; and for othe{ purposes.
HB 247. By Mr. Hefner of Pickens: A bill to amend an act incorporating the Town of Jasper; and for other purposes.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to amend the charter for the City of Marietta with reference to the business licenses; and for other purposes.

HB 235. By Messrs. Kenyon and Overby of Hall:
A bill to amend an act entitled "Gainesville Retirement Fund"; and for other purposes.
The consent was granted.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and have instructed me, as chairman, to report the same back to the Senjlte as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 12.

SB 28.

Respectfully submitted,

Wideman of 46th District, Chairman

Senator Trippe of the 38th asked unanimous consent that he be granted leave of absence on Monday, February 27, 1947.
The consent was granted. Senator Millican of the 52nd moved that the Senate do now adjourn until Monday morning, and the motion prevailed.
The president pro tempore announced the Senate adjourned until Monday morning.

254

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 24, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, The Rev. J. Britt Ellington, Rector of the Episcopal church, Dalton, Georgia.

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

Adams Arnold Blitch Boone Branch Brown Burks Bush Butler Calla.way Carswell Coker Daniell Darby Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Logan Miller Millican Mitchell Odom

Overstreet Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Walker Weaver Wells
Wid~man
Williams Woodall Yates

Senator Millican of the 52nd reported that the jounul of Thursday's proceedings had been examined and found correct.

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

Senator Millican of the 52nd asked unanimous consent that the following be established as 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 hills and resolutions previously reported favorably for passage.

5. Putting upon third reading for final passage local Senate and House hiils and resolutions.

6. Putting upon third reading for final passage general Senate and House bills and resolutions.

The consent was granted.

MONDAY, FEBRUARY 24. 1947

255

Senator Woodall of the 25th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Education, read the second time and recommitted:

SB 63. By Senators Wideman of the 46th, Blitch of the 5th, Hooks of the 16th and Tarbutton of the 20th:
A bill to repeal in its entirety an act approved February 1, 1946, pp. 206-217, amending chapter 32-9 of Georgia Code 1933, as amended, relating to the powers and duties of county boards of education; to re-establish as subdivisions of the county school districts all local school districts; to provide for election of district school trustees; to define their duties; to provide for election for bonds to build and equip schoolhouses and the issuance of bonds by local trustees; and for other purposes.
The consent was granted.

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

SB 86. By Senator Carswell of the 17th and Senator Darby of the 15th:
A bill to amend an act entitled the alcoholic beverQ.ge-control act to forbid advertising of any sort by any licensed liquor store or by any manufacturer of beverages controlled by this act; and for other purposes.
Referred to Committee on Temperance.

SB 87. By Senator CallaWl:IY of the 35th:
A bill to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to provide for the payment of a fee to be charged by clerks of the courts; and for other purposes.
Referred to Committee on General Judiciary.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committe~ on Municipal Government has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 181. Do Pass. HB 103. Do Pass. HB 178. Do Pass. HB 207. Do Pass. HB 179. Do Pass.
HB 226. Do Pass. HB 235. Do Pass. HB 194. Do Pass. HB 187. Do Pass. HB 247. Do Pass. SB 71. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

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JOURNAL OF THE SENATE,

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

HB 48. Do Pass. HB 92. Do Pass. HB 128. Do Pass. HB 240. Do Pass. HB 133. Do Pass as amended.

Respectfully submitted,
Hogg of 24th District, Chairman

The following communication was read by the secretary:
State of Georgia The State Senate Senate Chamber
Atlanta

Senator E. L. Butler of the 7th District: Senator R. G. Daniell, Sr., of the 49th:

February 24, 1947

Gentlemen:

I am taking this opportunity to express to you and the membership of the Senate in my behalf and that of the farmers of Georgia our deep appreciatilfn for the Resolution which was unanimously adopted extending to me the privileges of the Senate floor for this session, and further to assure you that this privilege will not be abused.

Again thanking you, I am

Sincerely yours,

H. L. Wingate, President, Georgia Farm Bureau Federation

MONDAY, FEBRUARY 24, 1947

257

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

HB 48. By Mr. Ray of Warren:
A bill to authorize commissioners of ro~ds and revenues of all counties having a population of not more than 10,240 nor less than 10,230, according to 1940 or future U. S. census, to pay to the tax receivers of said counties the sum of $350.00 per year, payable annually on or before December 20th, in addition to fees and compensations now paid; and for other purposes.

HB92. By Mr. Garrett of Brooks:
A bill authorizing and directing the commissioners of Brooks county, or governing authorities that may have charge of fiscal affairs of said county, to pay compensa tion to any lawful or law enforcing officer hereafter permanently disabled in line of duty $100.00 per month; and for other purposes.

HB 128'. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to create a bond commission for DeKalb county school district of DeKalb county, Georgia; and for other purposes.

HB 133. By Mr. Witherington of Wilcox:
A bill to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.

HB 240. By Mr. Witherington of Wilcox:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this State having a population of not less than 12,751 and not more than 12,758 according to the United States census of 1940 and any future census; and for other purposes.

The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
SB 65. By Senator Grayson. of the 1st:
A bill to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

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JOURNAL OF THE SENATE,

Sen~tor Grayson of the 1st offered the following amendment:

A bill to be entitled an act to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, which have heretofore been amended, now known, under the act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; defining and providing the qualifications of electors thereof; defining and providing the qualifications for councilmen and mayor of said town; to provide a ,permanent registration list for electors; to regulate the use of the street or way known as the Strand; to repeal all laws in conflict therewith; and for other purposes.

Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the original bill heretofore filed be and the same is hereby amended, by amending on page 2 of said original bill, section 2, line 11, thereof, by adding after the word "elections" and before the word "as" the following language, "and who are at least twenty-one (21) years of age"; and by adding on line 12 thereof, after the word "voter" and before the word "under" the following language, "and is at least twenty-five (25) years of age"; and on line 19 (last line of said section) by adding after the word "vote" and before the word "under" the following language, "and to hold such office", so that when section 2 of said original bill is amended it shall read in full as follows:

"Section 2. Be it further enacted, that section 2 of that certain act entitled, an act to revise, alter and amend the several act~ incorporating the mayor and councilmen of the Town of Tybee, etc., approved March 24, 1939, and incorporated on page 1368 of the Georgia Laws of 1939, be and the same is hereby repealed in its entirety, and a new section inserted in lieu thereof, to be known as section 2, ' and to read as follows:

"Section 2. Be it further enacted that from and after the passage of this Act, in all elections for mayor and councilmen of said Town of Savannah Beach, Tybee Island, all the said six (6) councilmen shall be elected from among those persons qualified as electors to vote in said elections and who are at least twenty-one (21) years of age, as hereinbefore provided in this act. Any one who is a qualified voter and is at least twenty-five (25) years of age, under the provisions of this act may be elected mayor of said town. Should a vacancy occur in the office of mayor, by death, resignation, or any other cause, such vacancy shall be filled by a majority vote of said councilmen. Should a vacancy or vacancies occur in the office of councilmen, by death, resiguation, or any other cause, such vacancy or vacancies shall be filled by a majority vote of said council. Provided, however, that in the filling of vacancies for either mayor or councilmen, such vacancy shall be filled by a person qualified to vote and to hold such office under the provisions of this act."

Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of. same, that the original bill heretofore filed be and the same is hereby amended on page 3, of said original bill, section 4, line 18 thereof, by adding after the word "day" and before the word sundays" the following language, "and on Saturdays from 10:00 o'clock A. M. until 1:00 o'clock P. M.", so that when said section 4 of said original bill is amended it shall read as follows:

"Section 4. Be it further enacted, that section 6 of that certain act approved March 24, 1939, and incorporated in the Georgia Laws of 1939, pages 1370 and 1371, inclusive, as part of an act entitled, 'An act to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, now

MONDAY, FEBR,UARY 24, 1947

259

known under the act of the General Assembly, approved August 1, 1929, as Savannah Beach, Tybee Island; to define the qualifications of electors thereof; to define the qualifications for councilmen and mayor of said town; to provide an election for mayor and councilmen of said town . ; to provide for a permanent registration for the voters of said town; to provide for primary elections, and for other purposes'; be, and the said section 6 is hereby repealed and a new section inserted in lieu thereof, to be known as section 6, and to read as follows:
"Section 6. By it further enacted that the clerk of council shall prepare and maintain a permanent registration list of voters of Savannah Beach, Tybee Island, and shall open the registration list of voters at the town hall ninety (90) days prior to the first Monday in March of each year in which an election is held; which list shall be kept open from 10:00 o'clock A. M., until 5:00 o'clock P. M., each and every day, and on Saturdays from 10:00 o'clock A. M., until 1:00 o'clock P. M., Sundays and legal h,olidays excepted, until fifteen (15) days prior to the first Monday in March in the year in which an election is held, when said list will be finally closed so that those qualified to vote in the election for mayor and councilmen will have an opportunity to register. It shall be the duty of the clerk of council
to submit the permanent registration list of voters and I or electors of said town
to the board of registrars of Chatham county, thirty (30) days prior to the first Monday in April of each year in which an election is held, for the purpose of having said registration list purged by the said hoard of registrars of Chatham county, and for the purpose of having removed from such registration list the names of all persons who may he or may have become disqualified to vote. It shall be the duty of said hoard of registrars of Chatham county to purge said list when so submitted to them by the clerk of council, and to remove therefrom the names of all voters and/ or electors who are not qualified to vote in the election for mayor and councilmen of Savannah Beach, Tybee Island, and to return said list of voters duly approved by said board to the clerk of council at least ten (10) days prior to the_ holding of any election provided for under the terms of this act. Such approved
list of the registered and qualified electors and I or voters of Savannah Beach,
Tybee Island, shall be the list of electors and/or voters eligible to vote in the next succeeding election to he held for mayor and councilmen of Savannah Beach, Tybee Island. For such service the hoard of registrars of Chatham county shall receive the sum of fifty dollars ($50.00), to be paid out of the treasury of the Town of Savannah Beach, Tybee Island."
Section 5. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the original bill heretofore filed be and the same is hereby amended by omitting the period after the word "repealed" on the last line of section 5 of said original hill and adding the following language, "and a new section inserted in lieu of section 13 of the act!! of the General Assembly of the State of Georgia, page 991, approved August 19, 1922, as aforesaid", which shall read as follows:
Be it further enacted, that it shall be the duty of the clerk to furnish to the managers presiding at any election before the opening of the polls, and on the day of, or day before such election, a complete list of all names arranged in alphabetical order which have been registered according to the provisions providing for the
qualification of electors and I or voters, which list shall he certified over the official
signature of said clerk and the corporate seal of said town, which list shall he kept before the presiding managers during such election. No person other than those on said list shall be authorized or permitted to vote", so that when said section 5 of the original bill is amended it shall read as follows:
"Sectidn 5. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that sections 8, 10,

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JOURNAL OF THE SENATE,

11, 12 and 13, of the act of the General Assembly of the State of Georgia, pages 990 and 991, approved August 19, 1922, entitled, 'An act to amend, revise and consolidate the several acts granting corporate authority to the Town of Tybee, to confer additional powers on the mayor and councilmen of the Town of Tybee; to define the corporate limits of said town, and for other purposes", he and the same are hereby repealed and a new section inserted in lieu of section 13 of the acts of the General Assembly of the State of Georgia, page 991, approved August 19, 1922, as aforesaid, which shall read as follows:
"Be it further enacted that it shall he the duty of the clerk to furnish to the managers presiding at any election before the opening of the polls, and on the day of, or day before such election, a complete list of all names arranged in alphabetical order which have been registered according to the provisions providing for the qualification of electors and/or voters, which list shall he certified over the official signature of said clerk and the corporate seal of said town, which list shall be kept before the presiding managers during such election. No person other than those on said list shall he authorized or permitted to vote."
Section 4-A. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that said original bill shall be amended and a new section shall he added to the original hill, as afore said, between the section 4 and the section 5 thereof, which shall be known as "section 4-A", which section 4-A shall read as follows:
Section 4-A. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that section 3 of the act of the General Assembly of the State of Georgia, page 624, approved January 31, 1946, 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 the several acts amendatory thereto, incorporating the mayor and councilmen of the Town of Tybee, now known as Savannah Beach, Tybee Island, Georgia, rela tive to and supplementary thereto, by extending the town limits of said town, and by vesting the mayor and councilmen of said town with authority to pass zoning and planning laws for said town and to provide for the enforcement of the same; to alter and amend the laws regarding registration; and for other purposes", he and the same is hereby repealed.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.
On the passage of the hill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 71. By Senator Millican of the 52nd:
A bill to amend section 23-1705, Georgia Code 1933, relating to bonds for public contractors to provide that terms of said section shall not apply to contracts with any municipal corporation having a population of 250,000 by last or future census for public work where total contract price does not exceed $1,000; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 39, nays 1.

MONDAY, FEBRUARY 24, 1947

261

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

SB 76. By Senator Smiley of the 2nd:
A bill to incorporate the City of Lambert; to create a charter, to prescribe the limits of said city; to provide for the mayor and council and other officials and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays l.
The bill, having received the requbite constitutional majority, was passed.

SB 78. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more ac cording to 1940 or future U. S. census there is established the position ~f police chief; to provide his election, duties, salary; to amend act of 1914; and for other purpose!!.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 79. By Senator Millican of the 52nd:
A bill to authorize in all counties of 200,000 or more to transfer garbage disposal functions to the county board of health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 80. By Senator Millican of the 52nd:
A bill to amend an ac~ of 1937 pertaining to garbage disposal in counties of 200,000 or more according to 1940 or future census; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

262

JOURNAL OF THE SENATE,

SB 81. By Senator Millican of the 52nd:

A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

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

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

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

SB 82. By Senator Millican of the 52nd:
A bill to amend an act approved July 24, 1920, relative to salary of county treasurer of Fulton county so as to increase said salary from $5,000 to $6,000 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 83. By Senator Millican of the 52nd:
A bill to provide a law department for Fulton county; to provide duties and for appointment of personnel; and for other purposes.
The report 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 16. By Mr. Cheek of Franklin:
A bill to create the office of commissioner of roads and revenue in Franklin county; and for other purposes.
The Committee on Counties and County Matters offered the following amendment:
That section 1 of HB 16 be amended by striking the word "March" in the 4th line of said act and substituting in lieu thereof the word "September" so as to provide for the election of a commissioner of roads and revenues by the grand jury at the September term of the superior court of Franklin county; that said section be further amended by substituting the word "October" for the word "April" in the 8th line of said section so as to provide that the Commissioner shall enter upon his duties on the lst day of Octo~er, 1947.

MONDAY, FEBRUARY 24, 1947

263

That section 6 of said act be amended by substituting the word "September" for the word "March" in the 5th line of said section so as to provide for the election of an advisory board by the grand jury at the September term 1947 of the superior court of Franklin county, and that the word "October" be substituted for the word "April" in the 7th line of said section so as to provide that the advisory board shall take office on October 1, 1947.

That HB 16 be further amended by adding a new section to be numbered 15 of said act and to read as follows:

"Section 15. Be it further enacted, that this act shall not become effective until the same shall have been approved by a majority of the qualified voters of the County of Franklin voting in a special election to be held not less than 90 days nor more than 100 days from the approval of this act. Thirty days notice of said election shall be given by publication once a week for three consecutive weeks in the official organ of Franklin county, Georgia. Said notice shall briefly state the purpose of the election, time, place and hours of holding same. The ballots in said election shall read: 'For a commissioner of roads and revenues, advisory board and clerk', and 'Against a commissioner of roads and revenues, advisory board and clerk.' The ballots cast shall be counted and consolidated as provided by law for public officers, and the ordinary shall declare the results of said election which shall be made a matter of record, so as to show the number of votes cast for and against the creating of a commissioner of roads and revenues," advisory board and clerk, under this act. In the event a majority of the votes cast are against the creating of the office of commissioner of roads and revenues, advisory board and clerk, then this act shall be void and of no effect, however, should the result of said election be for a commissioner of roads and revenues, advisory board and clerk for the County of Franklin, then this act shall be 'effective in said county on and after October 1, 1947."

That HB 16 be further amended as follows:
That the caption of said act be amended so as to provide for a referendum by the people of Franklin county.
That what is now section 15 of said act, which is the general repealing clause, be section 16 thereof.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 23. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act creating the city court of Statesboro; and for other purposes. The report 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, m~ys 1. The bill, having received the requisite constitutional majority, was passed.

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HB 24. By Messrs. Johnson and Mallard of Bulloch:
A bill to amend an act creating the board of county commissioners for the County of Bulloch; and for other purposes. The report 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 25. By Messrs. Johnson and Mallard of Bulloch: A bill to amend an act to abolish the offices of tax receiver and collector of Bulloch county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 26. By Messrs. Johnson and Mallard of Bulloch: A bill to amend an act creating the city court of Statesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 103. By Mr. Pulliam of Elbert: A bill to amend an act incorporating the City of Elberton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.

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265

HB 178. By Mr. Witherington of Wilcox:

A bill to amend an act entitled an act to create a new charter for the City of Abbeville; to provide for the raising of revenue for supporting and maintaining the city government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the 'bill, the ayes were 39, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 179. By Mr. Witherington of Wilcox:
A hill to amend an act entitled an act to reincorporate the Town of Abbeville; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was a~eed to.
On the passage of the hill, the ayes were 37, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 181. By Messrs. Wells and Joel of Clarke:
A hill to amend an act entitled an act to amend the charter of the Town of Athens; 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 42, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 187. By Mr. Welsch of Cobb:
A hill to amend the city charter of Acworth; 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 194. By Messrs. Overby and Kenyon of Hall:

A bill to amend the charter of the City of Gainesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 207. By Mr. Lovett of Laurens:
A bill to incorporate the Town of East Dublin in the County of Laurens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to amend the charter for the City of Marietta with reference to the business licenses; and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 235. By Messrs. Kenyon and Overby of Hall:
A bill to amend an act entitled Gainesville retirement fund; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 247. By Mr. Hefner of Pickens:
A bill to amend an act incorporating the Town of Jasper; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 24,. 1947

267

On the passage of the hill, the ayes were 41, nays 1.

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

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

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st and Tippins of the 48th:
A hill to amend part II, of title 14, Ga. Code 1933, relating to hills and notes and to public and legal holidays, etc., by adding a new section, section 14-1809-a, to provide that hanks and other financial institutions located in any town or city of 55,000 population or more by 1940 census may remain closed on any Wednesday or any Saturday in any week, unless there occurs in such week a previously designated legal holiday; and for other purposes.
Senator Tarbutton of the 20th offered the following amendment:
Amend SB 69 by striking the word and figures "55,000 or more" wherever they appear in the caption and body of the hill and inserting in lieu thereof the word and figures, "70,000 or more according to the census of 1940 or any future census", and by striking the words "town or city" wherever they appear in the caption and body- of the hill and inserting in lieu thereof the following word, "county."
The amendment was adopted.
Senator Coker of the 39th offered the following amendment:
Amend line 6, section 14-1809-a to the census of 1940 of 55,000 or more t~ read as follows, "to the census of 1940 if 2,000 or more".
On the adoption of the amendment, the ayes were 2, nays 31, and the amendment was lost.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.
On the passage of the hill, the ayes were 30, nays 0.
The hill, having received the requisite constitutional majority, was passed, as amended.

SB 72. By Senator Millican of the 52nd:
A hill to provide for investment of proceeds of sale of bonds by counties, mumcipalities, school districts and other governmental agencies when such proceeds cannot be immediately used; and for other purposes.

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Senator Millican of the 52nd offered the following substitute:

A bill to authorize the investment or re-investment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or re-invested; to authorize the purchase of such securities at either a premium or a discount; to define the persons who may make such investment or re-investment; and for other purposes.

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

Section L The proceeds of any bonds issued by any county, municipality, school district or other political subdivision of this State, or any portion thereof, may from time to time be invested and re-invested by the governing authorities of such county, municipality, school district or political subdivision in the bonds of such county, municipality, school district or other political subdivision, or in the bonds or obligations of the State of Georgia, or of other counties, municipalities and political subdivisions of Georgia, or in the bonds or other bligations of the United States or of subsidiary corporations of the federal government fully guaranteed by such government, and no other. Such governing authorities so authorized to invest such funds are authorized, in their discreti_on, to purchase such securities as an investment at either a premium or a discount and to sell such securities at such time and for such price as such governing authorities may deem advisable.

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

On the passage of the bill, the ayes were 31, nays 0.

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

The authors asked unanimous consent that the following bill of the Senate be taken from the calendar:

SB 84. By Senators Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A bill to repeal an act creating a state director of housing; to create in lieu thereof a state housing authority board; to provide a membership of three; to transfer to such board all the powers, duties, functions, obligations and liabilities imposed upon the state director of housing under all housing authorities laws; to provide for an election of a state authority director by said board; and for other purposes.
The consent was granted.

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269

Senator Weaver- of the 51st asked unanimous consent that the following bill of the House, which was unfavorably reported by the committee, be recommitted to the Committee on Special Judiciary:

HB 1. By Mr. Hand of Mitchell:
A bill to prevent the office of commissioner of revenue of the State of Georgia from being used for political purposes; and for other purposes.
The consent was granted.

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to provide for creation of a refunding bond commrss10n, with power to secure all necessary information, and to approve or disapprove issuance of bonds for refunding any bonded indebtedness of any county, municipality, or political subdivision, including authority to approve or disapprove the amount and terms of such refunding bonds, where such county, municipality or political subdivision has not the funds available to meet payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to main tain the required sinking fund; to prescribe duties and powers; to provide for validation of said bonds; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 68 by striking the words in line 6 and 7 of section 2 "or through failure to maintain the required sinking fund for such bonds" and to amend the caption accordingly in lines 9 and 10.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the ,hill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SR 10. By Senators Callaway of the 35th, Griffith of the 28th and Yates of the 44th:
A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article I, section I, of the Constitution of Georgia to protect the rights of all persons in this State to work in alfy lawful employment, said right not to be denied or abridged on account of membership or non membership in any labor union, or labor organization; and further to vest in the General Assembly authority to protect this right by enactment of appropriate penal laws; but the purpose of this amendment is not to deny or abridge the right of employees by and through a labor organization or labor union of their own choos ing to bargain collectively with their employer.

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JOURNAL OF THE SENATE,

NOW THEREFORE, be it resolved by the General Assembly of Georgia:

Section I. That article I, section I, of the Constitution of Georgia be amended by adding thereto a new paragraph to be known as paragraph XXVI entitled, "Paragraph XXVI. THE RIGHT TO WORK, PROTECTION OF:
"The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization; provided that this paragraph shall not be construed to deny or abridge the right of employees by or through a labor organization or labor union of their own choosing to bargain collectively with their employer; and the General Assembly shall protect such persons by adequate penalties."
Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two houses, said amendment shall be entered on their journals, with the "ayes" and "nays" thereon, and shall by the Governor be published in one or more newspapers in each -congressional district in the State of Georgia for two (2) months preceding to the time of holding tbe next general election, and said amendment shall, at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the constitution shall have written or printed on their ballots the words:

"For ratification of amendment to article I, section I, of the Constitution by adding a new paragraph, providing that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union t~r labor organization, said right to be enforced by penal law."

and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:

"Against ratification of amendment to article I, section I, of the Constitution of Georgia by adding a new paragraph providing the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor organization, said right to be enforced by penal law."

If a maJonty of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the return shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of article I, section I, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof.

Section 3. All laws and parts of laws in conflict with this act be and same are hereby repealed.

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

MONDAY, FEBRUARY 24, 1947

271

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:

Adams Arnold Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Daniell Darby Dorsey

Ferguson Grayson Griffith Gwyn Hodges Hogg Huckeba Kennon Kiker Killingsworth Logan Miller Mitchell Pannell

Parker Richardson Seay Smiley Sumner Tarbutton Tippins Walker Wideman Williams Woodall Yates

Voting in the negative was Senator Hooks.

Voting present were Senators, Coker and Howard.

Not voting were Senators Baker, Knox, Mason, Millican, Odom, Overstreet, Sams, Trippe, Weaver and Wells.

On the adoption of the resolution, the ayes were 40, nays 1. 2 Senators voted present.

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

Senator Callaway of the 35th asked unanimous consent that the resolution be immediately transmitted to the House, and the consent was granted.

SB 13. By Senator Millican of the 52nd:

/

A bill to amend the code to provide women to serve on juries; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that SB 13 be postponed until tomorrow.

The consent was granted.

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SB 73. By Senator Millican of the 52nd:

A bill to provide means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; and for other purposes.
The report 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 17. By Mr. Hicks of Floyd:
A bill to provide for the payment of attorney's fees in all citations for contempt, upon the hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 27. By Mr. Garrard of Wilkes:
A resolution creating a commissiOn to act on the part of the state in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The president pro tempore granted leave of absence to Senators Knox of the 29th and Baker of the 42nd, they being in Washington, D. C., serving on a special committee of the Senate.
The president pro tempore granted leave of absence to Senator Overstreet of the 18th for an indefinite period.
The hour for adjournment having arrived, the president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 25, 1947

273

Senate Chamber, Atlanta, Georgia. Tuesday, February 25, 1947.

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

Scripture reading and prayer was offered by the chaplain, the Rev. J. Britt Ellington.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Grayson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Logan Mason Millican Mitchell Odom

Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Welle Wideman Williams Woodall Yates

Senator Millican of the 52nd reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be estab lished as the order of business for today:
I. Introductions of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Consideration of local contested bills and resolutions of the Senate and House.
6. Consideration of. general bills and resolutions of the Senate and House.

The consent was granted.

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JOURNAL OF THE SENATE,

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:

Your Committee on Education and Public Schools has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the sa:me back to the Senate with the following recommendations:

SB 63. Do Pass by substitute.

Respectfully submitted,

Woodall of 25th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

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

HB 30. Do Pass. HB 91. Do Pass. HB 142. Do Pass. HB 209. Do Pass. HB 195. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

Mr. Daniell of the 49th District, chairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:

Your Committee on Industrial Relations has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 74. Do Pass by substitute.

Respectfully submitted,

Daniell of 49th District, Chairman

TUESDAY, FEBRUARY 251 1947

275

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 27.

SB 30.

SB 31.

SB 49.

SB 50.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 68. SB 71. SB 72. SB 73. SB 76. SB 78. SB 79. SB 80. SB 81. SB 82. SB 83.

SB 69. SB 65. SB 13. SR 10.

Respectfully submitted,

Wideman of 46th District, Chairman

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JOURNAL OF THE SENATE,

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and resolutions of the House and Senate to wit:

HB 82. By Mr. Ray of Warren:
A bill to amend an act incorporating the City of Warrenton, Georgia; and for other purposes.

HB 253. By Mr. Beddingfield of Dooly:

A hill to amend an act approved August 16, 1915, contained in Georgia laws 1913,

at pages 899 to 941, inclusively creating a new charter for the City of Vienna; and

for other purposes.



SB 27. By Senator Kennon of the 53rd:
A bill to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.

SB 30. By Senator Pannell of the 43rd:
A bill to amend an act approved August 18, 1923, Ga. Laws 1923, pp. 529-543, entitled an act to provide and establish a new charter for the City of Chatsworth, in the County of Murray; and for other purposes.

SB 31. By Senator Pannell of the 43rd:
A bill to amend an act entitled an act to provide and establish a new charter for the City of Chatsworth, so as to create a water works commission for said city; and for other purposes.

SB 49. By Senator Darby of the 15th:
A bill to amend an act entitled an act creating a new charter for the City of Vidalia, that all persons desiring to become candidates in the primary election in and for the City of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with the clerk of said city at least 30 days before said election; and for other purposes.

SB 50. By Senator Darby of the 15th:
A hill to amend an act entitled an act creating a new charter for the City of Vidalia; by adding to section 10 thereof, the following provision: "That no person holding an official office in the City of Vidalia shall be qualified to offer as a

TUESDAY, FEBRUARY 25, 1947

277

candidate for an elective office in the City of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for re-election to the office he then holds"; and for other purposes.

HR 28. By Mr. Bloodworth of Houston:
A resolution whereas, on the second day of December, 1945, while traveling in an automobile belonging to Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor bills and medieal bills, etc.; and for other purposes.
The House has adopted the f(tllowing resolution of the House, to wit:

HR 69. By Messrs. Kidd and Jennings of Baldwin:
A resolution to invite the A Cappella Choir, directed by Honorable Max Noah, of Milledgeville, Georgia, to appear in concert before a joint session of the House and Senate on Monday morning, March 3, 1947.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 82. By Mr. Ray of Warren:
A bill to amend an act incorporating the City of Warrenton, Georgia; and for other purposes.
Referred to Committee on Municipal GovernmenL

HB 253. By Mr. Beddingfield of Dooly:
A bill to amend an act approved August 16, 1915, contained in Georgia Laws 1913, at pages 899 to 941, inclusively, creating a new charter for the City of Vienna; and for other purposes.
Referred to Committee on Municipal Government.

HR 28. By Mr. Bloodworth of Houston:
A resolution whereas, on the second day of December, 1945, while traveling in an automobile belonging to Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor bills and medical bills, etc.; and for other purposes.
Referred to Committee on State of Republic.
The following resolution of the House was read and adopted:

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JOURNAL OF THE SENATE,

HR 69. By Messrs. Kidd and Jennings of Baldwin:
A resolution to invite the A Cappella Choir, directed by Honorable Max Noah, of Milledgeville, Georgia, to appear in concert before a joint session of the House and Senate on Monday Morning, March 3, 1947.

The following bill and resolution of the Senate was introduced, read the first time and referred to the committee:

SR 21. By Senators Boone of the 21st and Hooks of the 16th:
A resolution proposing to the qualified voters of Georgia an amendment to section I of article VII of the Constitution of this state by adding a new paragraph thereto to be designated "paragraph VI," authorizing the General Assembly to exempt from ad valorem and intangible tax persons honorably discharged from the armed forces of the United States, some part of whose services was between December 7, 1941, and September 2, 1944;-(?)-and for other purposes.
Referred to Committee on Amendments to Constitution.

SB 88. By Senators Williams of the 31st, Arnold of the 50th and Logan of the 33rd:
A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle by any person without a written bill of sale conveying title and possession; to provide that all bills of sale and transfers given or received under the provisions of this act shall be recorded in the office of the clerk of the superior court in the county where the purchase is made at the time of such sale or transfer; to provide that any person selling, conveying or transferring possession, buying or receiving transfer of a motor vehicle without a written bill of sale from the seller to the purchaser, shall be guilty of a misdemeanor and upon conviction be punished as for a misdemeanor; and for other purposes.
Referred to Committee on Special Judiciary.

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

SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, Branch of the 47th, Parker of the 54th, Woodall of the 25th and Mason of the 30th:
A bill to amend an act approved March 29, 1937, Ga. Laws 1937, pp. 806 et seq., to provide for establishment of the Bureau of Unemployment Compensation in the State Department of Labor, known as the "Unemployment Compensation Law," as subsequently amended, by reducing the minimum rate of contributions payable by each employer; and for other purposes.

HB 30. By Mr. Lovett of Laurens:
A bill to pay the sheriff of Laurens County, his deputies, and the clerk of the superior court of Laurens County on a salary basis; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

279

HB 91. By Mr. Lovett of Laurens:

A bill to amend an act to create a new charter for the City of Dublin, in the County of Laurens, approved March 31, 1937, Ga. Laws 1937, pp. 17711818, by repealing in its entirety section 5 of article 3 of said act and by enacting in lieu thereof a new section to create a board of tax assessors in lieu of a tax com missioner; and for other purposes.

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:
A bill to vest the title, in fee simple, to parts of blocks numbers 53 and 54 and to the land lying between said parts of said blocks in the City of Columbus, Muscogee County; and for other purposes.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to amend an act to establish a city court in the County of Hall; and for other purposes.

HB 209. By Messrs. Dobbs and Jordan of Gwinnett:
A bill to amend an act to fix the salary of the treasurer of Gwinnett County; and for other purposes.
The following uncontested, local bills of the House were read the third time and put upon their passage:

HB 48. By Mr. Ray of Warren:
A bill to authorize commissioners of roads and revenues of all counties having a population of not more than 10,240 nor less than 10,230 according to 1940 or future U. S. census, to pay to the tax receivers of said counties the sum of $3&0.00 per year, payable annually on or before December 20th, in addition to fees and compensation now paid; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 92. By Mr. Garrett of Brooks:
A bill authorizing and directing the commissioners of Brooks County, or governing authorities that may have charge of fiscal affairs of said county, to pay compen sation to any lawful or law enforcing officer hereafter permanently disabled in line of duty $100.00 per month; and for other purposes.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.

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

HB 128. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to create a bond commission for DeKalb school district of DeKalb County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 240. By Mr. Witherington of Wilcox:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this state having a population of not less than 12,751 and not more than 12,758 according to the U. S. census of 1940 and any future census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 133. By Mr. Witherington of Wilcox:
A bill to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.
Senator Tippins of the 48th offers the following amendment:
Amend HB 133, section 4 in said bill is hereby amended as follows: By striking the following words "the court house of said county" and substituting in lieu thereof the following words, "Wilcox County."
The amendment was adopted.

TUESDAY, FEBRUARY 25, 1947

281

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

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

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

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

SB 13. By Senator Millican of the 52nd:
A bill to amend the code to provide women to serve on juries; and for other purposes.
Senator Seay of the 22nd offered the following amendment:
Amend Senate Bill No. 13 as follows:
So that the title of said bill shall read:
Entitled an act to amend section 59-106 of the Code of Georgia of 1933, to entitle women to serve as jurors; to amend section 59-112 so as to exempt women from jury duty; and for other purposes.
That section 2 of said bill shall read as follows:
That section 59-112 of the Code of Georgia of 1933 be, and the same is hereby amended by adding to those enumerated as exempt from all jury duty the following:
"Any woman desiring to be exempt for any reason."
That section 2 as it now reads shall be renumbered section 3 of the bill.
On the adoption of the amendment, the ayes were 30, nays 8, and the amendment was adopted.
Senator Weaver of the 51st moved that SB 13 be indefinitely postponed.
Senator Grayson of the 1st moved the previous question on SB 13 and the chair ruled that the motion for the previous question would take precedent over the motion to indefinitely postpone.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
Senator Millican of the 52nd called for the ayes and nays and the call was sustained.

282

JOURNAL OF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Blitch Branch Brown Burks Bush Butler Callaway Carswell Ferguson

Griffith Gwyn Hogg Huckeba Killingsworth Logan Millican Pannell Parker Seay

Sumner Tippins Trippe Wells Wideman Williams Woodall Yates

Those voting in the negative were Senators:

Adams Boone Coker Darby Dorsey
G~;ayson
Hodges

Hooks Howard Kennon Kiker Mason Miller Mitchell

Odom Richardson Smiley . Tarbutton Walker Weaver

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

On the passage of the bill, the ayes were 28, nays 20. The bill, having received the requisite constitutional majority, was passed, as amended.

The president pro tempore recognized in the gallery the seventh grade A of Central Park School, Atlanta, Georgia, with their teacher, Mrs. W. I. Starrett.
Senator Pannell of the 43rd asked unanimous consent that consideration ~tn the follow ing bill of the Senate he postponed until March 3rd:

SB 84. By Senator Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A hill to repeal an act creating a state director of housing to create in lieu thereof a state housing authority hoard; to provide membership of three; to transfer to such hoard all the powers, duties, functions, obligations and liabilities imposed upon the state director of housing under all housing authorities laws; to provide for an election of a state authority director by said board; and for other purposes.
The consent was granted.

TUESDAY, F~BRUARY 25, 1947

283

HB 19. By Mr. Hicks of F1oyd:
A bill to provide that a brief of evidence in all motions for new trials shall be dispensed with and shall not be required in certain cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 28. By Mr. McCracken of Jefferson:
A bill to authorize and empower county boards of education to condemn private property for public school purposes; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 28 by striking section 2 in its entirety imd renumber the sections accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 28, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:

A bill to amend section 68-803 of the Code of Georgia of 1933 to provide for jurisdiction of the courts of the state over non-resident motorist using the highways of this state; and for other purpo8es.
The report 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 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, to include therein additional classes of persons who may be made a witness and cross examined with the further right of impeachment; and for other purposes.
Senator Weaver of the 51st moved that HB 54 be tabled, and the motion prevailed.
.;

284

JOURNAL OF THE SENATE,

HB 57. By Mr. Etheridge of Fulton:
A bill to provide that it shall be lawful for any person, firm, partnership or corporation of this state, to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill 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; to provide for the return of property of the estate of such missing person in the event that he should re-appear; and for other purposes.

Senator Weaver of the 51st offered the following amendment:
Amend HB 76 by adding at the end of section III a new sentence reading as follows: "Said conservator shall on appointment subscribe an oath and give bond with good security as in the case of an administrator."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to amend the public safety act so as to increase the issuance of two year
licenses to five year licenses; and for other purposes.
The report 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 hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.
.....

WEDNESDAY, FEBRUARY 26, 1947

285

Senate Chamber, Atlanta, Georgia. Wednesday, February 26, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and wa, called to order by the president pro tempore.
Scripture reading and prayer were offered by the c;haplain, Rev. J. Britt Ellington.
The secretary read the following communications:

State of Georgia Department of State Ben W. Fortson, Jr.
Secretary of State Atlanta 3, Georgia

February 24, 1947
Honorable William T. Dean President of the Senate
Sir:
I hereby certify that an election was held in Chatham County, Georgia, on the 19th day of February, 1947, for the purpose of electing a State Senator from the 1st Senatorial District, and that the consolidated returns of said election, which are of file in this office, show the following results:

CHATHAM COUNTY:

FOR STATE SENATOR:

H. N. Ramsey received 3956 votes

L. B. Ackerman

1 vote

Spence Grayson

2 votes

John Durham

1 vote

A. H. Graham

1 vote

Given under my hand and official seal this 24th day of February, 1947.

Ben W. Fortson, Jr., Secretary of State

286

JOURNAL OF THE SENATE,

State of Georgia Department of State Ben W. Fortson. Jr.
Secretary of State Atlanta 3, Georgia

Honorable William T. Dean President of the Senate

February 24, 1947

Sir:
I hereby certify that an election was held in Effingham County, Georgia,. on the 19th day of February, 1947, for the purpose of electing a State Senator from the 1st Senatorial District, and that the consolidated returns, which are of file in this office, show the following results:

EFFINGHAM COUNTY
FOR STATE SENATOR:
H. N. Ramsey, Sr., received 206 votes.
Given under my hand and seal of office at the Capitol, at Atlanta, Georgia, this 21st day of February, 1947.
Ben W. Fortson, Jr., Secretary of State
The president pro tempore appointed as a committee to escort Senator-nominee Ramsey to the president's stand: Senators Grayson of the 1st, Tippins of the 48th and Ferguson of the 13th.
Chief Justice of the Georgia Supreme Court W. F. Jenkins administered the oath of office to Senator-nominee Ramsey.

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

Adams Arnold Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Darby Ferguson Griffith Hodges

Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Logan Mason Miller Millican Mitchell Odom Pannell Parker Ramsey

Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

WEDNESDAY, FEBRUARY 26, 1947

287

Senator Millican of the 52nd reported that the journal of yesterday's proceedings had been examined and found correcL
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 estab lished 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 by the committees.
5. Consideration of local Senate and House bills and resolutions. 6. Consideration of general Senate and House bills and resolutions. The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House to wit:

HB 16. By Mr. Cheek of Franklin:
A bill to create the office of commissioner of roads and revenues, an advisory board consisting of three members and a clerk to said commissioner of roads and revenues and said advisory board, in Franklin County, Georgia; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has passed by the reqmsJte constitutional majority the following bills and resolutions of the House and Senate to wit:

HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs and other&_:
A bill to prohibit any individual being required as a condition of employment, or of contin!Jance of employment, to be or remain, a member or affiliate of a labor organization, or to pay fees, assessments, or other sums of money, to a labor organization; and for other purposes.

288

JOURNAL OF THE SENATE,

HB 73. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs and others:
A hill to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business, or to require the membership or non-membership of any person in a labor organization; to make unlawful certain acts of picketing, and certain assemblies in connection with labor disputes; and for other purposes.

HB %. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Harrison of
Jeff Davis and many others: A hill to effect a complete revision of all the laws of this state in any way dealing with the registration and qualification of voters; and for other purposes.

HB 97. By Messrs. Sahados and Durden of Dougherty:
A hill to amend the act creating and establishing a new charter for the City of Albany; and for other purposes.

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to amend the charter of the City of Lithonia and the seyeral acts amendatory thereof, by providing that the mayor and council shall have full power and authority to assess the entire costs of paving sidewalks and placing curbing by same, against the real estate abutting on the street; and for other purposes.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to amend the charter of the City of Lithonia and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.

HB 130. By Messrs. Howard, McWhorter and Hubert of DeKalh:
A hill to amend the charter of the City of Lithonia by providing that the mayor's salary shall not exceed two hundred ($200.00) dollars per year; by fixing the ad valorem tax rate of such city at an amount not exceeding one dollar and fifty ($1.50) cents on the one hundred ($100.00) dollars; by increasing the borrowing power of the mayor and council to supply casual deficiencies; by providing for the levy of a tax for the maintenance of cemeteries; and for other purposes.

HB 143. By Messrs. Mathis and Johnston of Lowndes:
A hill to amend the charter of the Town of Hahira, Georgia; and for other purposes.

HB 171. By :Mr. Whaley of Telfair:
A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Telfair; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1947

289

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to authorize and provide for the pensioning of the employees of the County of Glynn; to authorize the retirement of employees disabled in the line of duty; and for other purposes.

HB 200. By Mr. Yawn of Dodge:
A bill to repeal an act entitled an act to provide for the appointment of special deputies sheriffs in certain counties, to prescribe the qualifications and duties of such special deputies sheriffs; and for other purposes.

HB 208. By Mr. Bloodworth of Houston:
A bill to amend the charter of the municipality of Warner Robins (Georgia Laws 1943, pages 1624 to 1642 inclusive) by providing in section 12 of said charter that the corporation may levy taxes at a rate of 15 mills instead of 5 mills as provided in said section; and for other purposes.

HB 217. By Mr. Seagraves of Madison County:
A bill to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other P!lrposes.

HB 218. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend an act approved March 6, 1945, entitled an act to amend the charter of the City of Valdosta, which act created a system of retirement payments for certain employees of the City of Valdosta; and for other purposes.

HB 219. By Mr. Johnston of Lowndes:
A bill to create a board of commissioners of roads and revenues in and for the County of Lowndes, etc.; and for other purposes.

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land, now a part of Seveiith Avenue, in the City of Columbus, Muscogee County; and for other purposes.

HB 228. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta, and to authorize the City of Valdosta to issue and sell its bonds for public schools; and for other purposes.

HB 241. By Messrs. Crowe and Hobby of Worth:
A bill to amend an act entitled an act to cre8te a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the acts relating to the rights and powers of said corporation, etc.; and for other purposes.

290

JOURNAL OF THE SENATE,

HB 251. By Mr. Gary of Quitman:

A bill to repeal an act to create a board of commissioners of roads and revenues

for the County of Quitman, and to define the powers and duties thereof, approved

February 22, 1873; and for other purposes.



HB 252. By Mr. Gary of Quitman:
A bill to create the office of commissioners of roads and revenues for the County of Quitman; to define the powers and jurisdiction of same; to provide for the election and appointment of such commissioner; and for other purposes.

HB 261. By Mr. Pulliam of Elbert:
A bill to abolish the office of tax receiver and tax collector of Elbert County, Georgia; and for other purposes.

HB 263. By Mr. Walker of Ben Hill:
A bill amending and revising the charter for the City of Fitzgerald, and estah lishing a new charter therefor, approved August 22, 1907; and for other purposes.

HB 266. By Mr. Kenimer of Harris:
A bill to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery located inside or outside of the corporate limits of the Town of Waverly Hall; and for other purposes.

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act approved July 31, 1920, entitled an act to incorporate the Town of Alpharetta; to fix the limit of the tax rate; to fix the compensation of the mayor and members of the council; and for other purposes.

HB 271. By Mr. Witherington of Wilcox:
A bill to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.

HB 283. By Mr. Trulock of Grady:
A bill to amend an act entitled an act to abolish the offices of tax receiver and tax collector of Grady County, Georgia; and for other purposes.

HB 290. By Mr. Bruton of Cook:
A bill to amend an act entitled an act to create a hoard of comnuss10ners of roads and revenues in and for the County of Cook, consisting of three (3) members; to define their qualifications, powers and duties, and to provide for their compensation; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1947

291

HB 291. By Messrs. Hubert, Howard and McWhorter of DeKalh:
A hill to amend an act to create and establish the city court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of the judge and solicitor of said court; and for other purposes.

HB 292. By Messrs. Howard, Hubert and McWhorter of DeKalh:
A hill to amend an act approved August 21, 1906, which is entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalh; to prescribe his power, duties and compensation; and for other purposes.

HB 293, By Messrs. Howard, Hubert and McWhorter of DeKalh:

A hill to amend an act approved August 13, 1924, entitled an act to ckange

from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he he clerk of the ~uperior court only or ex officio

clerk of other courts; the sheriff, the ordinary, the tax collector and the tax

receiver) ; and for other purposes.

.

HB 294. By Messrs. Howard, Hubert and McWhorter of DeKalh:
A hill to amend an act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalh, and the several acts amendatory thereof; and for other purposes.

HB 295. By Messrs. Howard and MeWhorter of DeKalh:
A hill to amend section 43 of the original charter of the City of Stone Mountain approved August 21, 1929; and for other purposes.

HB 296. By Messrs. Howard, Hubert and McWhorter of DeKalh:
A hill to amend an act to provide and establish a new charter for the Town of Clarkston in the County of DeKalh; and for other purposes.

HB 297. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to authorize the city authorities of the City of Decatur to assess the entire cost for constructing sewers against the abutting property owners; and for other purposes.

HB 301. By Messrs. Kendrick, ~theridge and Smith of Fulton:
A hill to amend an act to incorporate the City of Hapeville; and for other purposes.

292

JOURNAL OF THE SENATE,

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to define the duties of aldermen, to provide for elections of officers of the City of Hapeville; and for other purposes.

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act to incorporate the City of Hapeville; to authorize the creation in the city government of said city the office of city manager; and for other purposes.

SB 62. By Senator Mason of the 30th:
A bill to amend an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance for Hart County; and for other purposes.
The following bills and resolutions of the Senate and House were introduced, read the first time and referred to the committees:

SB 89. By Senator Wells of the 4th:
A bill to provide that in all counties having a population of not less than 5,910 and not more than 6,000 according to 1940 census the grand juries when electing members of the county board of education shall have the power and authority to select one or more members from any militia district or locality; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to amend an act entitled an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated; and for other purposes.
Referred to Committee on Temperance.

SB 91. By Senator Dean of the 34th:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:
A bill to authorize the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns Counties for construction thereon a lookout tower or observatory for use in de tecting and suppressing fires in the national and state forests; and for other purposes.
Referred to Committee on State of Republic.

WEDNESDAY, FEBRUARY 26, 1947

293

SR 22. By Senators Boone of the 16th and Tarbutton of the 20th:

A resolution to authorize the State Properties Commission to sell all the right, title and interest which the State of Georgia has or may have in and to a tract of land containing 35.77 acres, more or less, in Baldwin County, Ga.; to provide method of sale; to authorize the state properties commission to execute and deliver a deed of conveyance to the purchaser; and for other purposes.

Referred to Committee on State of Republic.

SR 23.

. By Senator Wideman of the 46th:
A resolution for the relief of J. C. Dunlap, to be licensed as a dental surgeon; and for other purposes.

Referred to Committee on Veterans Affairs.

HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs and others:
A bill to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, a member or affiliate of a labor organization, or to pay fees, assessments, or other sums of money, to a labor organization; and for other purposes.
Referred to Committee on Industrial Relations.

HB 73. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs and others:
A bill to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business, or to require the membership or non-membership of any person in a labor organization; to make unlawful certain acts of picketing, and certain assemblies in connection with labor disputes; and for other purposes.
Referred to Committee on Industrial Relations.

HB 97. By Messrs: Sabados and Durden of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; and for other purposes.
Referred to the Committee on Municipal Government.

294

JOURNAL OF THE SENATE,

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalb:

A bill to amend the charter of the City of Lithonia and the several acts amendatory thereof, by providing that the mayor and council shall have full power and authority to assess the entire costs of paving sidewalks and placing curbing by same, against the real estate abutting on the street; and for other purposes.

Referred to the Committee on Municipal Government.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend the charter of the City of Lithonia and the 'Several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 130. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend the charter of the City of Lithonia by providing that the mayor's salary shall not exceed two hundred ($200.00) dollars per year; by fixing the ad valorem tax rate of such city at an amount not exceeding one dollar and fifty ($1.50) cents on the one hundred ($100.00) dollars; by increasing the borrowing power of the mayor and council to supply casual deficiencies; by providing the levy of a tax for the maintenance of cemeteries; and for other purposes.
Referred to the Committee on Municipal Government.

HB 143. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend the charter of the Town of Hahira, Georgia; and for other purposes.
Referred to the Committee on Municipal Government.

HB 171. By Mr. Whaley of Telfair:
A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Telfair; and 'for other purposes.
Referred to Committee on Counties and County Matters.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to authorize and provide for the pensioning of the employees of the County of Glynn; to authorize the retirement of employees disabled in the line of duty; and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 26, 1947

295

HB 200. By Mr. Yawn of Dodge:

A bill to repeal an act entitled an act to provide for the appointment of special deputies sheriffs in certain counties, to prescribe the qualifications and duties of such special deputies sheriffs; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 208. By Mr. Bloodworth of Houston:
A bill to amend the charter of the municipality of Warner Robins (Georgia Laws 1943, pages 1624 to 1642 inclusive) by providing in section 12 of said charter that the corporation may levy taxes at a rate of 15 mills instead of 5 mills as provided in said section; and for other purposes.
Referred to the Committee on Municipal Go'l'ernment.

HB 217. By Mr. Seagraves of Madison:
A bill to amend, consolidate and su!?ersede the several acts inoorporating the City, of Danielsville; and for other purposes.
Referred to the Committee on Municipal Government.

HB 218. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend an act approved March 6, 1945, entitled an act to amend the charter of the City of Valdosta, which act created a system of retirement payments for certain employees of the City of Valdosta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 219. By Mr. Johnston of Lowndes:
A bill to create a board of commissioners of roads and revenues in and for the County of Lowndes, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land, now a part of Seventh Avenue, in the City of Columbus, Muscogee County; and for other purposes.
Referred to the Committee on Municipal Government.

296

JOURNAL OF THE SENATE,

HB 228. By Messrs. Johnston and Mathis of Lowndes:

A bill to amend the charter of the City of Valdosta, and to authorize the City of Valdosta to issue and sell its bonds for public schools; and for other purposes.

Referred to the Committee on Municipal Government.

HB 241. By Messrs. Crowe and Hobby of Worth:
A bill to amend an act entitled an act to create a new charter for the City of Sylvester, to declare the :rights, powers and privileges of said corporation and to consolidate the acts relating to the rights and powers of said corporation, etc.; and for other purposes.
Referred to the Committee on Municipal Government.

HB 251. By Mr. Gary of Quitman:
A bill to repeal an act to create a ,board of commissioners of roads and revenues for the County of Quitman, and to define the powers and duties thereof, approved February 22, 1873; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 252. By Mr. Gary of Quitman:
A bill to create the office of commissioner of roads and revenues for the County of Quitman; to define the powers and jurisdiction of same; to provide for the election and appointment of such commission; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 261. By Mr. Pulliam of Elbert:
A bill to abolish the office of tax receiver and tax collector of Elbert County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 263. By Mr. Walker of Ben Hill:
A bill amending and revising the charter for the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907; and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESIMY, FEBRUARY 26, 1947

297

HB 266. By Mr. Kenimer of Harris:
..A bill to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery located inside or outside of the corporate limits of the Town of Waverly Hall; and for other purposes.
Referred to the Committee on Municipal Government.

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act approved July 31, 1920, entitled an act to incorporate the Town of Alpharetta; to fix the limit of the tax rate; to fix the compensation of the mayor and members of the council; -and for other purpose!
Referred to the Committee on Municipal Government.

HB 271. By Mr. Witherington of Wilcox: A bill to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 283. By l\Ir. Trulock of Grady: A bill to amend an act entitled an act to abolish the offices of tax receiver and tax collector of Grady County, Ga.; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 290. By Mr. Bruton of Cook:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues in and for the County of Cook, consisting of three members; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 291. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act to create and establish the city court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 292. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to amend an act approved August 21, 1906, which is entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalb; to prescribe their power, duties and compensation; and for other purposes.
Referred to the Committee on Counties and County Matters.

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HB 293. By Messrs. Howard, Hubert and McWhorter of DeKalb:

A bill to amend an act approved August 13, 1924, entitled an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex-officio clerk of other courts) the sheriff, the ordinary, the tax collector and tax receiver; and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 294. By MessrIs. Howard, Hubert and. McWhorter of DeKalb: A bill to amend an act approved August 17, 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; and for other purposes.
Referred to the Committee on Municipal Government.
HB 295. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend section 43 of the original charter of the City of Stone Mountain approved August 21, 1929; and for other purposes.
Referred to the Committee on Municipal Government.
HB 296. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend an act to provide and establish a new charter for the Town of Clarkston in the County of DeKalb; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 297. By Mesers. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the city authorities of the City of Decatur to assess the entire cost of constructing sewers against the abutting property owners; and for other purposes.
Referred to the Committee on Municipal Government.

HB 301. By Messrs. Kendrick, Etheridge and Smith of Fulton: A bill to amend an act to incorporate the City of Hapeville; and for other purposes.
Referred to the Committee on Municipal Government.

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299

l{B 1102. By :Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to define the duties of aldermen, to provide for election of officers of the City of Hapeville; and for other purposes.

Referred to the Committee on Municipal Government.

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act to incorporate the City of Hapeville; to authorize the creation in the city government of said city the office of city manager; and for other purposes.
Referred to the Committee on Municipal Government.

HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Harrison of J elf Davis and others:

A bill to effect a complete revision of all the laws of this state in any way dealing

with the registrati!'n and qualification of voters; and for other purposes.

'

Referred to the Committee on Special Judiciary.

The following privileged resolution was read and adopted:

By Senators Bush of the 8th, Blitch of the 5th, Odom of the 9th, Weaver of the 51st, Darby of the 15th, Tarbutton of the 20th and Woodall of the 25th:
WHEREAS the Honorable Spence M. Grayson of Savannah, Georgia, has served as a member of this Senate awaiting the election of his successor, and
WHEREAS a new Senator from the First District has this morning taken the oath of office and the Honorable Spence M. Grayson has ceased to be a member of this Senate, and
WHEREAS this Senate is greatly indebted to the Honorable Spence M. Grayson for the splendid service that he has rendered during this session of the Senate and for the fine spirit of leadership that he has furnished, and
WHEREAS the Senate deeply appreciates the generous and affable attitude of the Honorable Spence M. Grayson whereby he has maintained the close friend ship of every member of this Senate.
THEREFORE BE IT RESOLVED by the Senate that the members of the Senate hereby express to the Honorable Spence M. Grayson our deep appreciation for his splendid service as a member of this body and express to him our best wishes as he this day leaves us.

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Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report: ~

Mr. President:
Your Committee on Counties and County Matters has had 1\fider consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 220. Do Pass.

HB 177. Do Pass.

HB 168. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Wideman of the 46th District, chairman Qj the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 62.

Respectfully submitted,

Wideman of 46th District, Chairman

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

HB 168. By Mr. Mann of Henry:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues of Henry County; and for other purposes.
HB 177. By Mr. Harrison of Jenkins: A bill to amend an act entitled an act to establish the city court of Millen; and for other purposes.

HB 220. By Mr. Harrison of Jenkins:
A bill to amend an act creating the office of tax commissioner of Jenkins County; and for other purposes.
A privileged resolution by Senator Mason of the 30th granting the privileges of the floor to Hon. B. B. Zellars of Hartwell, Georgia, was read and adopted.

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301

The following local hills of the House were read the third time and put upon their passage:

HB 30. By Mr. Lovett of Laurens:
A hill to place the sheriff of Laurens County, his deputies, and the clerk of the superior court of Laurens County on a salary basis; 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 39, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 91. By Mr. Lovett of Laurens:
A hill to amend an act to create a new charter for the City of Dublin, in County of Laurens, approved March 31, 1937, Ga. Laws 1937, pp. 1771-1818, by repealing in its entirety section 5 of article 3 of said act and by enacting in lieu thereof a new section to create a hoard of tax assessors in lieu of a tax commissioner; 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:
A hill to vest the title, in fee simple, to parts of blocks numbers 53 and 54 and to the land lying between said parts of said blocks in the City of Columbus, Muscogee County; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 49, nays 1.
The hill, having received the requisite constitutional majority, was passed.

HB 195. By Messrs. Overby and Kenyon of Hall:
A hill to amend an act to establish a city court in the County of Hall; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 209. By Messrs. Dobbs and Jordan of Gwinnett:
A bill to amend an act to fix the salary of the treasurer of Gwinnett County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read:

HR 32. By Mr. Welsch of Cobb:
A resolution providing for appointment of a committee to inquire as to what financial aid, or assistance, if any, may be made in behalf of the musicians com prising the football bands at Georgia Tech and the University of Georgia; and for other purposes.
The president appointed as a committee Senators Carswell of the 17th and Knox of the 29th.

Senator Millican of the 52nd offered the following amendment: Amend HR 32 by striking in its entirety the last paragraph of the resolution.
The amendment was adopted. The resolution wa.s adopted as amended. The following resolution of the Senate was read and adopted:

SR 24. By Senators Odom of the 9th and Pannell of the 43rd:

A resolution to memorialize Congress of the United States for favorable con

sideration of suitable appropriations to insure continuance and maintenance of

the national school lvnch program upon substantially the same basis which has

heretofore represented such an important contribution to the institution of public

education as it has come to be recognized among the paramount obligations

assumed by the public treasury.

'

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

SB 63. By Senators Wideman of the 46th, Blitch of the 5th, Hooks of the 16th and Tar button of the 20th:

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303

A bill to repeal in its entirety an act approved February 1, 1946, pp. 206-217, amending chapter 329 of the Georgia Code of 1933, as amended, relating to the powers and duties of county boards of education; to re-establish as subdivisions of the county school districts all local school distriets; to provide for election of district school trustees; to define their duties; to provide for election for bonds to build and equip school houses and the issuance of bonds by local trustees; and for other pUrposes.

Senator Weaver of the 51st offered the following amendment:

Amend SB 63 by adding a section just prior to the last section thereof to be appropriately numbered, said new section to read as follows:

"The provisions of this act shall not apply to those public school systems estab lished prior to the adoption of the constitution of 1877 as provided in article VIII section X paragraph I of the present constitution of this state" and that the caption be amended by adding just before the words, "and for other purposes" the words "and providing that certain public school systems shall not be affected by this act."

The amendment was adopted.

Senator Millican of the 52nd offered the following amendment:
Amend SB 63 by adding a new section to be known as section 3a and reading as follows: "That the provisions of this act shall not apply in any counties in the state having a population of 70,000 or more according to the 1940 or any future federal census and further provide that the caption be amended accordingly.
The amendment was adopted.
The Committee on Education offered the following substitute:
A BILL
To amend an act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, being an act to amend chapter 329 of the Code of Georgia as amended relating to the powers and duties of county boards of education, school districts and local school trustees by striking from said act section 10 in its entirety and by re writing section 10 so as to rewrite section 32-1104 of the Code of 1933 and to provide that the county board of education shall set up and establish local areas from which local school trustees shall be elected by the people for the schools of the county system, and to provide for the filling of vacancies in the office of trustees, the calling of elections for trustees; by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political subdivisions for the purpose of issuing bonds to purchase school sites and to build ana equip school houses and may issue bonds therefor; to set up and establish the procedure for bond elections by the local districts where bonds are to be issued and sold for the purpose of securing school sites and for building and equipping school houses; and for other purposes.

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BE "IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

Section 1. That the act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, being an act to amend chapter 32-9 of the Code of Georgia of 1933 relating to the powers and duties of county boards of education, school districts and local school trustees be, and said 1946 act is hereby amended by striking therefrom in its entirety section 10 of said act, which section 10 of said act amends section 32-1104 of the Code of 1933 and by rewriting and substituting in lieu thereof a new section 10 so as to rewrite, amend and set up a new section 32-1104 of the Code of Georgia of 1933 which is to read and provide as follows:

"Section 10. That section 32-1104 of the Code of 1933 as amended relating to the election of local school district trustees, be and the same is hereby amended so as to read as follows:

'The county board of education of each county shall, within 30 days from the enactment of this law divide the territory of the county situated outside of independent school systems created prior to the adoption of the 1945 Constitution into local school areas for the purpose of election of school trustees for the schools of the county. There shall be five local school trustees for each of such local areas so set up and established by the county board of education. No person shall be elected as a local school trustee unless he be a freeholder and manifestly interested in education, and is a resident of the county and of the local area from which he is to be elected. The term of office of the local trustees shall be for four years. The trustees for the local areas so set up and established by the county board of education shall be elected by the qualified voters residing in the local school area. Within 10 days after the establishment of the local areas as herein provided, the county board of education shall call an election for the purpose of electing the trustees and shall give 10 days notice thereof by posting notices of the election at two or more public places in the area. At the first election five trustees shall be elected, one of whom shall serve one year, one two years, one three years, one four years and one five years. The persons receiving the highest vote respectively shall be elected for the longer terms. Should any vacancy occur due to death, resignation, change of residence from the county or local area, or otherwise, the county board of education shall call a special election to fill the vacancy. Notice of special elections to fill vacancies shall be given in the same manner as given in regular elections. The trustees shall serve without com pensation and shall have such duties, powers and rights as are prescribed by section 11 of said act. The trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of said school in said district until their respective terms expire. Provided, however, that in all counties of the stare which do not at this time have school trustees the provisions of this section shall not apply.'"
Section 2. That the act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, be and said act is hereby amended by adding thereto a new section to be appropriately numbered, which said new section shall read as follows:

"Section -------- Whenever the county board of education of any county of this state deems it necessary for the purpose of securing proper school sites and buildings and to the best interest of education in the county, the county board of education shall have the power and authority to divide all of the territory of the county outside of independent school systems established prior to the adoption of the 1945 Constitution, into local subdivisions to be known as local school house districts. Whenever the com1ty board of education divides the county into local

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305

subdivisions the entire county shall be so divided into separate subdivisions. The local subdivisons so set up and established shall be clearly and positively defined by the resolution passed by the board establishing such subdivisions. The same shall be marked off in the manner which the board deems to be most adva11tageous to the school interest of the county. The county board of education shall act as officers of such local subdivision, and as such are hereby authorized to incur bonded indebtedness for the purpose of purchasing school sites and for building and equipping school houses in and for such local subdivisions. The bonded indebtedness which the county board of education is hereby authorized to incur shall be incurred pursuant to article 7, section 7, paragraphs 1 and 2 of the Constitution of 1945. Any election for bonds for such local subdivision shall be called and held in the manner prescribed by chapter 87-2 of the Code of Georgia of 1933, as amended, and the bonds shall be validated in the manner as prescribed by chapter 87-3 of the Code of Georgia of 1933, as amended. The purpose of this section is to permit and to require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by the county boards of education for local subdivisions herein established, for building and equipping school houses or purchasing sites therefor, as is required in the case of municipalities and other county boards. Provided, however, that where the county board of education divides the county into subdivisions and seeks to issue bonds for any one of the local subdivisions, persons residing outside of the local subdivision may not participate as qualified voters in said election. Should the election held in a local subdivision result favorable to the issuance of bonds for such local subdivjsion, the property located within such local subdivision as marked off and established by the county board of education shall be subject to taxation for the retirement of bonds issued by the county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision."
Section 3. It is not intended that section 2 of this act shall in any way interfere with the county board of education issuing bonds on a countywide basis as provided for in section 23 of the act approved February 1, 1946. The purpose of section 2 of this act is to give to the county board of education additional powers so that the county board of education may provide adequate school sites, buildings and equipment in counties, and under circumstances where countywide bond issues for securing school sites, building and equipping school houses proves inadequate and inequitable because of prior existing bonded indebtedness of local districts or otherwise.
Section 4. 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 following amendment to the substitute:
Amend substitute to SB 63 by adding a new section to be known as section 3a and reading as follows: "That the provisions of this act shall not apply in any counties in this state having a population of 70,000 or more according to the 1940 or any future federal census and further provide that the caption be amended accordingly.
The amendment was adopted.

Senator Weaver of the 51st offered the following amendment:
Amend the substitute to SB 63 by adding a section prior to the last section thereof to be appropriately numbered, said new section to read as follows:

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"The provisions of this act shall not apply to those public school systems established prior to the adoption of the Constitution of 1877 as provided in article VIII, section X, paragraph I of the present constitution of this state," and that the 6:aption he amended by inserting just before the words, "and for other purposes" the words, "and providing that certain public school systems shall not he affected by this act."

The amendment was adopted.

Senator Wideman of the 46th offered the following amendment to the substitute:
Amend substitute to SB 63 by adding in section 1 after the words: "Th.e trustees . shall serve without compensation and shall have such duties, powers and rights
as are prescribed by section 11 of said act," the following words "as amended by this act," and, by creating a new section to said act to he appropriately numbered as follows: By striking from section 11 of said act the following words "is not hound" and inserting in lieu thereof the following words at the same place in said sentence of said section 11 of said act "shall be hound."
On the adoption of the amendment, the ayes were 14, nays 20, and the amendment was lost.

Senator Woodall of the 25th offered the following amendment to the substitute:
Amend the substitute to SB 63 by striking the word "shall" on the end of the fifteenth line of section 1 and substituting in lieu thereof the word "may," and also by striking the word "four" in the twentyeighth line of section 1 and sub stituting in lieu thereof the word "five."
On the adoption of the amendment, the ayes were 29, nays 9, and 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.
Senator Wideman of the 46th called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Brown Bush Carswell Coker Darby Dorsey

Hodges Hooks Howard Huckeba Kiker Mason Miller

Millican Mitchell Ramsey Trippe Wells Woodall

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307

Those voting in the negative were Senators:

Arnold Boone Branch Burks Butler Callaway
Ferguson Griffith

Hogg Kennon Killingsworth Logan Odom Pannell
Parker Richardson

Seay Smiley Sumner Tarbutton Walker Wideman
Williams Yates

On the passage of the bill, by substitute as amended, the ayes were 20, nays 24.
The bill, by substitute as amended, having failed to receive the requisite con'Stitutional majority, was lost.
On the passage of SB 63 as amended, the ayes were 10, nays 28.
The bill, having failed to receive the requisite constitutional majority, was lost..
SB 74. By Senator Hoggs of the 24th, Millican of the 52nd. Weaver of the 51st, Branch of the 47th, Parker of the 54th, Woodall of the 25th and Mason of the 30th:
A bill to amend an act approved March 29, 1937, Georgia Laws 1937, pages 806 et seq., to provide for establishment of the Bureau of Unemployment Compen sation in the State Department of Labor known as the "Unemployment Compen sation Law," as subsequently amended, by reducing the minimum rate of con tributions payable by each employer; and for other purposes.
The Committee on Industrial Relations offered the following substitute:

A BILL
To be entitled an act to amend an act approved March 29, 1937, known as the "Unemployment Compensation Law," Georgia Laws 1937, pp. 806, et seq. as amended and codified as chapter 54-6 of the Code of Georgia and particularly section 54-622, sub-paragraph (6) thereof, by changing, modifying and amending the schedule of variations from the standard rate of contributions and the percentages of employer's average annual payroll required for such variations effective July l, 1947, and thereafter; and for other purposes.
BE IT ENACTED BY TH.& GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME THAT:
SECTION L
The act of the General Assembly of Georgia, approved March 29, 1937, en titled an act to. provide for the establishment of the Bureau of Unemployment Compensation in the State Department of Labor and known as "The Unemploy ment Compensation Law," Georgia Laws 1937, pp. 806, et seq., as subsequently amended, Code of Georgia, chapter 54-6, be and the same is hereby amended in the following respects, namely:

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Paragraph l. By adding to section 7 (c) (6) of said act of 1937, as amended (Code of Georgia, section 54-622 (6)) a new subsection to be known and designated as section 7 (c) (6) ii (Code of Georgia, section 54-622 (6) ii) as follows, namely:

"(ii) Effective July 1, 1947, if the total of all an employer's CO)ltributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following t'he computation date with respect to weeks of unemployment beginning on or before such computation date, his contribution rate for the remainder of the calendar year 1947 and for each ensuing calendar year thereafter shall be:

(A) 2.50 per centum if such excess equals or exceeds 6 but is less than 6.50 per centum of his average annual payroll;

(B) 2.25 per centum if such excess equals or exceeds 6.50 but is less than 7.00 per centum of his average annual payroll;

(C) 2.00 per centum if such excess equals or exceeds 7.00 but is less than 7.50 per centum of his average annual payroll;

(D) 1.75 per centum if such excess equals or exceeds 7.50 but is less than 8.00 per centum of his average annual payroll;

(E) 1.50 per centum if such excess equals or exceeds 8.00 but is less than 9.00 per centum of his average annual payroll;

(F) 1.25 per centum if such excess equals or exceeds 9.00 but is less than 10.00 per centum of his average annual payroll;

(G) 1.00 per centum if such excess equals or exceeds 10.00 but is less than 11.00 per centum of his average annual payroll;

(H) .75 per centum if such excess equals or exceeds 11.00 but is less than 12.00 per centum of his average annual payroll;

(I) .50 per centum if such excess equals or exceeds 12.00 per centum of his average annual payroll."

SECTION 2. If any of the provisions of this act or the application thereof to any person or circumstance, is held invalid, or to be unconstitutional, the remaining provisions of this act and the application of such provisions to other persons and circumstances shall not be affected thereby.

SECTION 3. This act shall be effective upon approval of the Governor.

SECTION 4. All laws or parts of laws in conflict with this act be, and the same are, hereby repealed.

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309

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

On the passage of the hill, the ayes were 30, nays 0.

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

The hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.

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Senate Chamber, Atlanta, Georgia. Thursday, February 27, 1947.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, the Rev. J. Britt Ellington.
By unanimous consent, the call of the roll was dispensed with.
Senator Knox of the 29th reported that the journal of yesterday's proceedings' had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the following be established as the order of business for today:
L Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported.
5. Third reading and passage of local uncontested Senate and House bills and resolutions.
The consent was granted.
The president pro tempore recognized in the gallery the senior class of DeKalb High School with their teacher, Mr. Layman H. Howard.

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

HB 34. By Mr. Jones of Brantley:
A bill to provide for holding 4 terms a year of the superior court of Brantley county; and for other purposes.

HB 107. By Messrs. Causey of Bacon and Vandiver of Bibb:
A bill to prohibit and regulate within the State of Georgia the sale, the offering, or the exposing for sale of fireworks; and for other purposes.

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311

HR 29. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the war with Spain. Said roads and routes being a part of the United Spanish War Veterans Me morial Highway.

HB ll6. By Messrs. Mathis and Johnston of Lowndes and others:
A bill providing for the rank of priority of liens of judgments for damages arising out of a common disaster of occurrence; and for other purposes.

HB ll7. By Messrs. Covington, Hicks and Littlejohn of F1oyd:
A bill to amend the act approved October 6, 1943 (Ga. Laws Extraordinary Session 1943, page 2), by repealing section 6 (3) of said act relating to the wearing of stripes by convicts; and for other purposes.

HB ll9. By Messrs. Cates and Bargeron of Burke:
A bill to empower the several hospital authorities of the State of Georgia created by and under "Hospital Authorities Law"; and for other purposes.

HB22l. By Mr. Etheridge of Baker: A bill to increase the bonds of the sheriff of Baker county; and for other purposes.

HB 222. By Messrs. Caldwell and Groover of Troup:
A bill to increase fees of coroners' jurors for services in connection with the holding of inquests in counties having a certain population; and for other purposes.

HB 125. By Mr. Smith of Fulton:
A bill to prohibit gambling, offering to bet or 110liciting bets on the result, events connected with or at of a participant in any game, sport or athletic contest and to provide punishment therefor; and for other purposes.

HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalb and Smith of Clayton:
A bill to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain judicial circuit, etc.; and for other purposes.

HB 259. By Mr. Chalker of Pulaski:
A bill to repeal in its entirety an act approved March 5, 1937, pp. 1406-1407, being an act to amend an act to abolish the office of treasurer of Pulaski county; and for other purposes.

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HB 260. By Mr. Chalker of Pulaski:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroner's inquest; in the counties of this State having a certain population; and for other purposes.

HB 270. By Mr. Yawn of Dodge:
A bill to amend section 2 of an act approved March 24, 1933, Ga. Laws 1933, pp. 506509, being an act to consolidate the offices and duties of tax receiver and tax collector of Dodge county and to create the office of county tax' commissioner; and for other purposes.

HB 275. By ~fr. Willoughby of Clinch:
A bill to amend an act creating the board of county commissioners of roads and revenues of Clinch county; and for other purposes.

HR 59. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the commiSSioners of roads and revenues of the County of Clinch, in their discretion, to contribute an amount not to exceed $7,500, when a veterans home in Homerville has been completed, if public subscriptions have not fully covered same; and for other purposes.

HB 284. By Mr. Smith of Chatham:
A bill to name and fix the terms of the superior court of Chatham county; and for other purposes.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities and cities in the State of Georgia having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants; and for other purposes.

HB286. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the U. S. census of 1940; and for other purposes.

HB 3ll. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to provide for department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for other purposes.

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313

HB 312. By Mr. Mitchell of Monroe:
A bill to amend an act entitled "Monroe commissioner's compensation" approved March 9, 1945, by striking the figures "$1000" as found in sections 5 and 6 and inserting in lieu thereof the figures "$1200", etc.; and for other purposes.

SB 1. By Senator' Weaver of the 51st:
A bill to ratify and confirm sales of certain lands by the City of Macon to W. J.
Stripling, etc.; and for other purpoSes.
The House has adopted the following resolution of the House, to wit:

HR 73. By Messrs. Lewis of Hancock, Causey of Bacon, Johnston of Lowndes, and Rainey of Terrell:
A resolution inviting Honorable Margaret Chase Smith to address a joint session of the General Assembly of Georgia; and for other purposes.

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

SB 93. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved Feb. 28, 1874, and the several acts amendatory thereto; and for other purposes.
Referred to Committee on Municipal Government.

SB 94. By, Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more by 1940 United States census, the board of commissioners of roads and revenues, or if there be n~ such board, then the ordinary or other county authority shall have the power in its discretion to lease, rent, convey or otherwise dispose of for a period not exceeding ten years any amphitheater, open air shells, auditoriums, or theatri cal facilities where the same may thereby be more advantageously used and devoted to the purposes of its construction or erection, upon such terms and conditions as said county authority shall deem proper; and for other purposes.
Referred to Committee on Special Judiciary.

SB 95. By Senator Logan of the 33rd:
A bill to amend an act known as the motor fuel tax law (Georgia Laws 1937, pp. 167207) as amended, section 921403, by adding a new subsection (1) to provide for a refund of tax paid on gasoline when used solely for agricultural purposes other than the propulsion of motor vehicles upon the highways; and for other purposes.
Referred to Committee on F:inance.

314

JOURNAL OF THE SENATE,

SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to amend an act approved Feb. 19, 1943 (Ga. Laws 1943, pp. 387-395) relat ing to costs collected in the supreme court and court of appeals and to the pay ment of salaries of certain officers and employees of said courts, by amending the 1st sentence of section 5, fixing the salary of the deputy clerk of the supreme court; and for other purposes.

Referred to Committee on State of Republic.

SB 97. By Senator Huckeba of the 37th:
A bill relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans' organizations and their auxiliaries; and for other purposes.
Referred to Committee on Veterans Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:
HB34. By Mr. Jones o(Brantley: A bill to provide for holding 4 terms a year of the superior court of Brantley county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 107. By Messrs. Causey of Bacon and Vandiver of Bibb: A bill to prohibit and regulate within the State of Georgia the sale, the offering, or the exposing for sale of fireworks; and for other purposes.
Referred to Committee on General Judiciary.

HB 116. By Messrs. Mathis and Johnston of Lowndes, and others:
A bill providing for the rank of priority of liens of judgments for damages arising out of a common disaster or occurrence; and for other purposes.
Referred to Committee on General Judiciary.

HB 117. By Messrs. Covington, Hicks and Littlejohn of Floyd:
A bill to amend the act approved October 6, 1943 (Ga. Laws Extraordinary Session 1943, page 2), by repealing section 6 (3) of said act relating to the wearing of stripes by convicts; and for other purposes.
Referred to Committee on State of Republic.

THURSDAY, FEBRUARY 2:1, 1947

315

HB 119. By Messrs. Cates and Bargeron of Burke:
A hill to empower the several hospital authorities of the State of Georgia created by and under hospital authorities law; and for other purposes.

Referred to Committee on State of Republic.

HB 125. By ;Mr. Smith of Fulton:
A hill to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or at of a participant in any game, sport or athletic contest and to provide punishment therefor; and for other purposes.
Referred to Committee on Special Judiciary.

HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalh and Smith of Clayton: A hill to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain judicial circuit, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 221. By Mr. Etheridge of Baker: A hill to increase the bonds of the sheriff of Baker county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 222. By Messrs. Caldwell and Groover of Troup:
A hill to increase fees of coroners' juries for services in connection with the holding of inquests in counties having a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 259. By Mr. Chalker of Pulaski:
A hill to repeal in its entirety an act approved March 5, 1937, pp. 1406-1407 being an act to amend an act to abolish the office of treasurer of Pulaski county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 260. By Mr. Chalker of Pulaski:
A hill to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this State having a certail_! population; and for other purposes.
Referred to the Committee on Counties and County Matters.

316

JOURNAL OF THE SENATE,

HB 270. By Mr. Yawn of Dodge:
A bill to amend section 2 of an act approved March 24, 1933, Ga. Laws 1933, pp. 506509, being an act to consolidate the offices and duties of tax receiver and tax collector of Dodge county and to create the office of county tax commissioner; and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 275. By Mr. Willoughby of Clinch:
A bill to amend a,_n act creating the board of county commissioners of roads and revenues of Clinch county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 284. By Mr. Smith of Chatham: A bill to name and fix the terms of the superior court of Chatham county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities and cities in the State of Georgia having a population of not less than 95,000 inhabi tants and not more than 200,000 inhabitants; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 286. By Messrs. Smith, Evans and Skinner of Chalker:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the U. S. census of 1940; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to provide the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, FEBRUARY Zl, 1947

317

HB 312. By Mr. Mitchell of Monroe:
A bill to amend an act entitled "Monroe commissioner's compensation" approved March 9, 1945, by striking the figures "1800" as found in section 5 and 6 and inserting in lieu thereof the figures "2100", etc.; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 29. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the war with Spain. Said roads and routes being a part of the United Spanish War Veterans Memorial Highway.
Referred to the Committee on Military Affairs and Veterans Affairs.

HR 59. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the commissioners of roads and revenues of the County of Clinch, in their discretion, to contribute an amount not to exceed $7,500, when a veterans home in Homerville has been completed, if public subscriptions have not fully covered same; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

Your Committee on Counties and County Matters has had under consideration the following bills of the House and ha3 instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 239. Do Pass.

HB 161. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

Mr. Pannell of the 43rd District, chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bills and resolutions of the Senate and has instructed me, as chairman, to report the same back to tlie Senate with the following recommendations:

SR 13. Do Pass. SR 21. Do Pass. SB 70. Do Pass.

Respectfully submitted,
Pannell of 43rd District, Chairman

. 318

JOURNAL OF THE SENATE,

Mr. Bush of the 8th District, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your Committee on Temperance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 90. Do Pass.

Respectfully submitted,
Bush of 8th District, Chairman

Mr. ~litchell of the 40th District, vicechairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:
Your Committee on Industrial Relations has had under consideration the following bills of the House and has instructed me, as vicechairman, to report the same back to the Senate with the following recommendations:

HB 72. Do Pass. HB 73. Do Pass.

Respectfully submitted,
Mitchell of 40th District, ViceChairman

Mr. Coker of the 39th District, chairman of the Committee on Public Health, submitted the following report:

Mr. President:
Your Committee on Public Health has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 53. Do Pass. HB 99. Do Pass.

Respectfully submitted,
Coker of 39th District, Chairman

THURSDAY, FEBRUARY 2:1, 1947

319

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 74.

SR 24.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB I.

Respectfully submitted,

Wideman of 46th District, Chairman

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

SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 28th:
A bill amending section 88-105 of Georgia Code, relating to election, qualifications, term of office, compensation, bond, etc., of the director of public health; and for other purposes.

SB 70. By Senator Millican of the 52nd:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph I of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for making repairs and improvements in the water works system and sanitary department; to provide for payment of certificates out of revenues derived from water and sanitary service char~s; and for other purposes.

320

JOURNAL OF THE SENATE,

SB 90. By Senators Tippins of the 48th and Bush of the 8th:

A bill to amend an act entitled an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light wines; to exempt from all taxa tion wine made from crops of grapes, fruit and berries, whether wild or culti vated; and for other purposes.

SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 to the Constitution of the State of Georgia of 1945 so as to extend coverage of the pension system authorized by the constitution for county employees in Fulton County; and for other purposes.

SR 21. By Senators Boone of the 21st and Hooks of the 16th:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of this State, sections I of article VII, by adding a new paragraph thereto to be designated "paragraph VI", authorizing the General Assembly to exempt from ad valorem and intangible tax persons honorably discharged from the armed forces of the United States, some part of whose service was between De cember 7, 1941, and September 2, 1944; and for other purposes.

HB 72. By :Messrs. Lovett of Laurens, Malone of Laurens, Jennings of Sumter, Chance of Twiggs, Mann of Dodge, Williams of Jones and Battle of Schley:
A bill to prohibit th"e use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working or to peacefully conduct his business, or to require the membership or non-membership of any person in a labor organization; and for other purposes.

HB 73. By Messrs. Lovett of Laurens, Williams of Jones, Jennings of Sumter, and others:
A bill to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, or to refrain from being or remaining a member or affiliate of a labor organization; and for other purposes.

HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to provide for the sale and use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.

HB 161. By Mr. Bennett of Barrow:
A }ill to provide that the salary of the clerk of the board of commissioners of roads and revenues of the County of Barrow be not more than $150.00 per month; and for other purposes.

THURSDAY, FEBRUARY 27, 1947

321

HB239. By Mr. Morrison of Montgomery:

A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Montgomery, by providing that all funds arising from fines and forfeitures in said superior court, be applied first to payment of solvent and insolvent costs accruing in criminal cases of said court and that the remainder of said funds, if any, be paid onethird to the clerk of the superior court of said county, onethird to the sheriff of said county, and one-third to the solicitor general of the Oconee judicial circuit for the use of said county; and for other purposes.

The following uncontested local bill of the House was read the third time and put upon its passage:
HB 168. By Mr. Mann of Henry:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues of Henry county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd moved that when the Senate adjourn today, it stand adjourned until ll o'clock Monday morning, and the motion preva;led.
Senator Millican of the 52nd moved that the Sena.te do now adjourn, and the motion prevailed.

The president pro tempore announced the Senate adjourned until ll o'clock Monday_ morning,

322

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, March 3, 1947.

The Senate met pursuant to adjournment this morning at 11 o'clock and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Burks Bush Butler Callaway Carswell Coker Daniell Darby Ferguson Griffith Gwyn

Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wideman Williams Woodall Yates

Senator Millican of the 52nd reported that the journal of Thursday's proceedings had .. been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.

Senator Millican of the 52nd asked unanimous consent that the following be estab lished as 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, favor~ly reported. 5. Third reading and passage of local Senate and House bills and resolutions. 6. Third reading and passage of general Senate and House bills and resolutions.

The consent was granted.

MONDAY, MARCH 3, 1947

323

The following message was received from the House through Mr. Boone, the cle~k thereof:

Mr. President:
The House has passed by the requiSite constitutional majority the following bills and resolutions of the House and Senate, to wit:

SB 46. By Senator Millican of the 52nd:
A bill to amend an act establishing the criminal court of Atlanta, so as to adjust salaries of judges and solicitors of said court; and for other purposes.

HB 322. By Mr. Coogle of Macon:
A bill to repeal an act approved August 22, 1907, etc., entitled an act to establish a city court of Oglethorpe, as amended, etc.; to abolish the city court of Oglethorpe in and for the County of Macon; and for other purposes.

HB 342. By Mr. Wells of Lincoln:
A bill to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a certain population; to fix punishment therefor; and for other purposes.
The House has adopted the following resolution of the Senate, to wit:

SR 24. By Senators Odom of the 9th and Pannell of the 43rd:
A resolution to memorialize Congress of the United States for favorable consid eration of suitable appropriations to insure continuance and maintenance of the national school lunch program upon substantially the same basis which has heretofore represented such an important contribution to the institution of public education as it has come to be recognized among the paramount obligations assumed by the public treasury.
The following bills of the Senate were introduced, read the first time and referred to the committees:

SB98. By Senator Weaver of the 51st:
A bill to amend the charter of the City of Macon to ratify and confirm the ordinance of the mayor and council abandoning and closing that portion of the alley running from Cherry Street to Park Lane lying between lots 6 and 7 in block 113, and confirming sale of the strip of land embracing said abandoned alley to William A. Snow; and for other purposes.
Referred to Committee on Municipal Government.

324

JOURNAL OF THE SENATE,

SB 99. By Senator Millican of the 52nd:
A bill to create in every county having a population of 300,000 or more by 1940 U. S. census, or any future census, a stadium authority the members of which are to be appointed by the board of commissioners of roads and revenues; to pro vide the number of members and their terms and tenures; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 100. By Senator Millican of the 52nd:
A bill to amend an act authorizing the board of commissioners of roads and reve nues of 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 101. By Senator Tarbutton of the 20th:
A bill to define and broaden the use of rights of way granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the state highway depart ment jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.
Referred to Committee on Public Highways.

SB 102. By Senator Callaway of the 35th:
A bill to amend an act carrying 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, approved January 31, 1946, including therein hospitals operating for non-profit, and defining "institutions of purely public charity"; and for other purposes.
Referred to Committee on Constitutional Amendments.

SB 103. By Senator Trippe of the 38th:
A bill to amend an act approved November 18, 1901, establishing the city court of Polk county in the City of Cedartown, to provide for jurisdiction over juvenile delinquents under 16 years of age; and for other purposes.
Referred to Committee on Counties and County Matters.

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

HB 322. By Mr. Coogle of Macon:
A bill to repeal an act approved August 22, 1907, entitled an act to establish a city court of Oglethorpe, as amended; to abolish the city court of Oglethorpe in and for the County of Macon; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, MARCH 3, 1947

325

HB 342. By Mr. Wells of Lincoln:

A bill to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a certain population; to fix punishment therefor; and for other purposes.

Referred to Committee on Temperance.

Mr. Bush of the 8th District, chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 85. Do Pass.
Respectfully submitted,
Bush of 8th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters has had under consideration the
following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 171. Do Pass. HB 215. Do Pass.
HB 291. Do Pass. HB 292. Do Pass. HB 293. Do Pass. HB 296. Do Pass.
Respectfully submitted,
Hogg of 24th District, Chairman

326

JOURNAL OF THE SENATE,

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 217. Do Pass.

HB 129. Do Pass.

liB 130. Do Pass.

HB 127. Do Pass.

HB 97. Do Pass.

HB 208. Do Pass.

HB 241. Do Pass.

HB 267. Do Pass.

HB 225. Do Pass,

HB 263. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge.

SR 24.

SB 46.

Respectfully submitted,
Wideman of 46th District, Chairman

The president pro tempore granted leave of absence for today to Senator Knox of the 29th and Senator Dorsey of the 32nd.

MONDAY, MARCH 3, 1947

327

The hour of convening the joint session of the Senate and House, as provided for in a previous resolution, having arrived, the president pro tempore, accompanied by the secretary and members of the Senate, repaired to the hall of the House of Representatives, for the purpose of hearing a program by the A' Capella Choir of Milledgeville.

The speaker of the House called the joint session to order. The secretary read the resolution convening the joint session. The A' Capella Choir of Milledgeville rendered a most delightful program.

Mr. Smith of Emanuel moved that the joint session do now dissolve, and the motion prevailed.

The Senate reconvened in regular session.

The following resolution was read and adopted:
SR 28. By Senators Carswell of the 17th and Bush of the 8th:
A resolution to establish a memorial to the sons and daughters of Georgia who have served their State and Nation so valiantly in time of war by designating Blue Star Drive as such a memorial.
WHEREAS, the Garden Club of Georgia is desirous of designating U. S. highway No. I in Georgia as Blue Star Drive to commemorate the services of her sons and daughters in time of war, and wishes to beautify the Blue Star Drive when so designated by planting shrubbery, establishing parks, picnic grounds and in other ways; and
WHEREAS, the National Council of Garden Clubs is sponsoring a nation-wide movement to establish such memorial drives, and, at its suggestion, ma~y states have already accomplished this end by designating U. S. highway No. I within their limits as Blue Star Drive; and,
WHEREAS, it is fitting and proper that such a dedication be made at this time;
NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of Georgia, that that portion of United States highway No. I which lies within the boundaries of the State of Georgia be and it is hereby designated as Blue Star Drive as a memorial, to the brave sons and daughters of this State who served her so valiantly in time of war.

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

HB 97. By Messrs. Sabados and Durden of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany, approved August 18, 1923, by striking section 2 of said act, as amended, defining the corporate limits of said city and providing the boundaries of the various wards and inserting in lieu thereof a new description of the territory to be included within the corporate limits of the City of Albany, etc.; and for other purposes.

328

JOURNAL OF THE SENATE,

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalh:

A hill to he entitled an act to amend charter of Lithonia to provide authority to assess entire costs of paving sidewalks and curbings against real estate abutting on the street; and for other purposes.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to amend the charter of the City of Lithonia and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.

HB 130.- By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to amend the charter of .the City of Lithonia by providing that the mayor's salary shall not exceed two hundred ($200.00) dollars per year; and for other purposes.

HB 208. By Mr. Bloodworth of Houston:
A hill to amend the charter of the municipality of Warner Robins; and for other purposes.

HB 217. By Mr. Seagraves of Madison:
A hill to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other purposes.

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A hill empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land now a part of Seventh Avenue in the City of Columbus; and for other purposes.

HB 241. By Messrs. Crowe and Hobby of Worth:
A hill to amend an act creating the charter for the City of Sylvester, so as to pro vide that the polls in city elections shall he kept open from 8 A. M. to 6 P. M., to provide for creation of a hoard of registrars in and for said city, and to provide for terms and appointment of the members thereof; and for other purposes.

HB 263. By Mr. Walker of Benn Hill:
A hill to amend an act amending and revising the charter for the City of Fitz gerald; and for other purposes.

MONDAY, MARCH 3, 1947

329

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to amend an act to incorporate the Town of Alpharetta; and for other purposes.

HB 171. By Mr. Whaley of Telfair:
A bill relating to fines and forfeitures accumulating in the superior court of the County of Telfair; and for other purposes.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide for the counties of this State having a population of not less than 83,783 and not more than 83,799, to employ stenographers to take down and transcribe evidence at coroner's inquest; and for other purposes.

HB 291. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend an act creating city court of Decatur so as to change and increase the salary of the judge and solicitor of said court; and for other purposes.

HB 292. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to amend an act to authorize the election of a commiSSIOner of roads and revenues for DeKalb county, and the act creating a water works advisory board so as to fix the salary of the commissioners; and for other purposes.

HB 293. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to amend an act approved August 13, 1924, entitled an act to change from the fee to the salary system in certain counties, clerk of court, sheriff, ordinary, tax collector and tax receiver so as to provide that the salaries therefor may be changed within 90 days after passage of this act; and for other purposes.

HB 296. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend an act to provide a new charter for Town of Clarkston so as to confer the authority to assess and collect the cost of constructing sewers against abutting property owners; and for other purposes.

330

JOURNAL OF THE SENATE,

The following uncontested local bills of the House were read the third time and placed upon their passage:

HB 161. By Mr. Bennett of Barrow:
A bill to provide that the salary of the clerk of the board of comnnss10ners of roads and revenues of the County of Barrow be not more than $150.00 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB239. By Mr. Morrison of Montgomery:
A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Montgomery, State of Georgia, by providing that all funds arising from fines and forfeitures in said superior court, be applied first to payment of solvent and insolvent costs accruing in criminal cases of said court and that the remainder of said funds, if any, he paid one-third to the clerk of the superior court of said county, one-third to the sheriff of said county, and one-third to the solicitor general of the Oconee judicial circuit for the use of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agr~d to.
On the passage of the bill, the ayes were 46, nays 0.
The hill, having received the requisite constitutional majority, was passed.

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

SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph I of section 4 of article 7 of the Constitution of the State of Georgia of 1945 so as to extend coverage of the pension system authorized by the constitution for county employees in Fulton county, so as to provide that the benefits of said pension system shall he available to all state, state and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part by the treasurer of Fulton county or out of funds of Fulton county, so as to ratify pensions heretofore granted to public employees in Fulton county and their bene ficiaries; and for other purposes.

MONDAY, MARCH 3, 1947

331

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

Section 1. That the present Constitution of the State of Georgia which was ratified in the year 1945 is hereby amended as follows, to wit:

By adding to paragraph I of section 4 of article 7 thereof the following words, to wit:

"All state, state and county or county officers, deputies and employees, and the deputies of such officers and court employees whose salaries or wages are paid in whole or in part by the treasurer of Fulton county or out of funds of Fulton county, all officers and employees of the county welfare department of Fulton county, the executive secretary or the treasurer of any pension board or board of trustees administering a pension system in which public employees of Fulton county or employees of the board of education of Fulton county participate, and the widows and minor children of all such persons, are authorized to participate in any retirement and pension ffnd or system of retirement pay established by law for county employees of Fulton county upon terms and conditions now or hereafter provided by the General Assembly for their participation. All pensions heretofore granted by any of said pension authorities in Fulton county are ratified and confirmed, and shall be paid in accordance with the judgment of the pension board or board of trustees authorizing same."

Section 2. Whenever the above proposed amendment to the constitution shall have been agreed to by two-thirds (2/3) of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this State, and also in the newspaper wherein the sheriff's advertisements of Fulton county are published, to be published in each such newspaper for two (2) months next preceding the time of holding the next general election at which election members of the General Assembly are chosen.
Section 3. The above proposed amendment shall be submitted for ratifi cation or rejection to the electors of this State at the next general election at which election members of the General Assembly are chosen to be held after the publication as provided for in the second section of this act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting said amendment to the constitution shall have written or printed on their ballots the words, "For ratification of the amendment defining the persons who may participate in the pension systems established in Fulton county," and all persons opposing the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of the amendment defining the persons who may participate in the pension systems estab lished in Fulton county." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon and also if a majority of the electors 'qualified to vote voting thereon in Fulton county shall ratify said amendment by voting in favor thereof, said amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result of such election to the Governor who shall, if such amendment be rati fied, make proclamation thereof.

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Section 4. Any and all provisions of law or resolutions and parts of law in conflict with this amendment are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Adams Arnold Blitch Burks Bush Butler Callaway Carswell Daniell Darby Ferguson Griffith Gwyn Hodges

Hooks Howard Huckeba Kennon Kiker Killingsworth Mason Millican Mitchell Odom Overstreet Pannell Parker Ramsey

Richardson Seay Smiley Sumner
' Tippins Trippe Walker Weaver Wideman Williams Woodall Yates

Not voting were Senators Baker, Boone, Branch, Brown, Coker, Dorsey, Hogg, Knox, Logan, Miller, Sam~, Tarbutton and Wells.

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

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

Senator Weaver of the 51st asked unanimous consent that the following bill of the House be taken from the table and put at the foot of the calendar:

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeach ment; and for other purposes.
The consent was granted.

. MONDAY, MARCH 3, 1947

333

SB 70. By Senator Millican of the 52nd:

A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph I, of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and im provements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing cer tificates; certificates to be issued by a majority vote of the mayor and general council and validated; to provide for the allocation of anticipated receipts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from water or sanitary services respectively; to provide for the submission of the amendment for ratifica tion by the people; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME AS FOLLOWS:

Section I. That article 7, section 7, paragraph l, of the Constitution of Geor gia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit:

"And, except that the City of Atlanta for the purpose of (a) improving, repair ing, constructing and reconstructing, making additions, extensions, alterations, or improvements, in its water works system, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste by its sanitary department, and acquiring the necessary property therefor, either or both, may, from time to time issue interest bearing revenue certificates to be paid solely out of the revenues derived from water or sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as 'Water Works Department Revenue Fund' and 'Sani tary Department Revenue Fund', a sufficient sum, not to exceed twenty (20%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such regis tration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, cove nants, assignments and conditions as the resolution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the mayor and general council, and signed by the mayor and comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and con elusive. Before issuing any such revenue certificates the mayor and general council shall provide by resolution for the allocation of a percentage of the anticipated

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JOURNAL OF THE SENATE,

receipts necessary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the ;estriction as to debt limit of this paragraph."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitu tion of this State may be voted on, and shall at said next general election be sub mitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment of article 7, section 7, paragraph 1, of the constitution, authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges respectively," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges respectively," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of article 7, section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Adams Arnold Blitch Burks Bush Butler Callaway

Carswell Daniell Darby Ferguson Griffith Gwyn Hodges

Hooks Howard Huckeba Kennon Kiker Killingsworth Mason

Millican Mitchell Odom Overstreet Pannell Parker Ramsey

MONDAY, MARCH 3, 1947

335

Richardson Seay Smlley Sumner Tippins 'frippe Walker

Weaver Wideman Williams Woodall Yates

Not voting were Senators Baker, Boone, Bran~h, Brown, Coker, Dorsey, Hogg, Knox, Logan, Miller, Sams, Tarbutton and Wells.

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

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

SR 21. By Senators Boone of the 21st and Hooks of the 16th:
A resolution proposing to the qualified voters of Georgia an amendment to section I of Article VII of the Constitution of this State by adding a new paragraph thereto to be designated "paragraph VI", authorizing the General Assembly to exempt from ad valorem and intangible tax persons honorably discharged from the armed forces of the United States, some part of whose service was between DecemBer 7, 1941, and September 2, 1944; and for other purposes.
BE IT RESOLVED by the General Assembly of Georgia:
Section 1. The General Assembly of Georgia proposes to the qualified voters of Georgia that section I of article VII of the Constitution of Georgia be amended by adding thereto a new paragraph, to be designated "paragraph VI" and to read as follows:
"The General Assembly may exempt from, ad valorem tax and from intangible tax persons honorably discharged from the armed forces of the United States, some part of whose services was between December 7, 1941, and September 2, 1944; provided, however, that none of such persons may enjoy exemptions for a term greater than five consecutive years, the beginning date of such term to be fixed by the General Assembly."
Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, the same shall be entered on their journals with the "yeas" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Arnold Burks Butler Callaway Darby Ferguson Hooks Howard Huckeba

Kiker Killingsworth Millican Mitchell Odom Overstreet Pannell Parker Seay

Smiley Sumner Tippins Trippe Walker Weaver Wideman Woodall

Those voting in the negative were Senators:

Adams Blitch Coker Griffith

Gwyn Hogg Kennon Ramsey

Richardson Tarbutton Yates

Not voting were Senators Baker, Boone, Branch, Brown, Bush, Carswell, Daniell, Dorsey, Hodges, Knox, Logan, Mason, Miller, Wells and Willhims.
On the adoption of the resolution, the ayes were 26, nays H.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Senator Pannell of the 43rd gave notice that at the proper time he would ask the Senate to reconsider its action on SR 21.

SB84. By Senators Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A bill to repeal an act creating a State director of housing; to create in lieu thereof a state housing authority board; to provide a membership of three; to transfer to such board all the powers, duties, functions, obligations and liabilities imposed upon the State director of housing under all housing authorities laws; to provide for an election of a State authority director by said hoard; and for other purposes.
The report of the committee, which was favorable to passage of the bill, was agreed to.
Senator Carswell of the 17th moved that SB 84 be indefinitely postponed.
Senator Pannell of the 43rd moved the previous questiQn on SB 84 and the motion prevailed.
Senator :'\fillican of the 52nd called for the ayes and nays and the call was sustained.

MONDAY, MARCH 3, 1947

337

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Blitch Burks Butler Callaway Coker Darby

Hodges Hooks Howard Kiker Mitchell Odom Pannell

Ramsey Richardson Tarbutton Walker Weaver Wideman

Those voting in the negative were Senators:

Arnold Carswell Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Killingsworth Millican Overstreet Parker Seay

Smiley Sumner Trippe Woodall Yates

Not voting were Senators Baker, Boone, Branch, Brown, Bush, Dorsey, Knox, Logan, Mason, Miller, Sams, Tippins, Wells and Williams.

On the passage of the bill, the ayes were 20, nays 19.

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

Senator Pannell of the 43rd gave notice that at the proper time he would ask the Senate to reconsider its action on SB 84.

SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 28th:
A bill amending section 88-105 of Georgia Code, relating to elections, qualifications, terms of office, compensation, bond, etc., of the director of public health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 3.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated; and for other purposes.
The report 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 hour of adjournment having arcived, the president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, MARCH 4, 1947

339

Senate Chamber, Atlanta, Georgia. Tuesday, March 4, 1947.

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

Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Carswell Coker Daniell Darby Dorsey Ferguson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe W1alker Weavt>r Wells \Videman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispen~ed with and the journal was confirmed.

Senator Millican of the 52nd asked unanimous consent that the following be estab-

lished as 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, favonbly reported.

5. Putting upon third reading for final disposition local bills and resolutions of the Senate and House.

6. Putting upon third reading and final disposition general bills and resolutions of the Senate and House.

The consent was granted.

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JOURNAL OF THE SENATE,

Senator Pannell of the 43rd moved that the Senate reconsider its action in defeating the following bill of the Senate:

SB 84. By Senators Pannell of the 43rd, Miller of the 6th, Weaver of the 51st and Boone of the 21st:
A bill to repeal an act creating a state director of housing; to create in lieu thereof a State Housing Authority Board; to provide a membership of three; to transfer to such board all the powers, duties, functions, obligations and liabilities imposed upon the State Director of Housing under all housing authorities laws; to provide for an election of a State Authority Director by said board; and for other purposes.
The motion prevailed and SB 84 was placed at the foot of the calendar.
Senator Pannell of the 43rd moved that the Senate reconsider its action in defeating the following r~solution of the Senate:

SR 21. By Senators Boone of the 21st and Hooks of the 16th:
A resolution proposing to the qualified voters of Georgia an amendment to section I of article VII of the Constitution of this state by adding a new paragraph thereto be designated "paragraph VI," authorizing the General Assembly to exempt from ad valorem and intangible tax persons honorably discharged from the armed forces of the United States, some part of whose services was between December 7, 1941, and September 2, 1944; and for other purposes.
The motion prevailed and SR 21 was placed at the foot of the calendar.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the re<Juisite constitutional majority the following bills and
resolutions of the House to wit:

HB 43. By Mr. Ramey of Chattooga:
A bill to amend sections 2 and 3 of an act approved September 29, 1891, incorporating the Town of Lyerly in Chattooga County; and for other purposes.

HB 160. By Mr. Addleton of Spalding:
A bill to amend an act entitled an act to revise and consolidate the several acts of the General Assembly granting and amending the charter of the City of Griffin; and for other purposes.

TUESDAY, MARCH 4, 1947

341

HB 246. By Mr. Murphy of Haralson:

A bill to incorporate the Town of Bremen so as to increase the tax levy; and for other purposes.

HB 305. By Mr. Battle of Schley:
A bill to amend an act entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.

HB 323. By Mr. Coogle of Macon:
A bill to abolish the offices of tax collector and tax receiver in the County of Macon; and for other purposes.

HB 337. By Mr. Briscoe of Walton:
A bill fo amend the charter of the City of Monroe; and for other purposes.
HB 339. By Messrs. Wilson, Vandiver and Kemper of Bibb: A bill to repeal an act entitled an act to establish a county board of commission for the County of Bibb; and for other purposes.

HB 344. By Mr. Meeks of Union:
A bill to abolish the office of tax collector and tax receiver in Union County; and for other purposes.

HB 348. By Mr. Ray of Warren:
A bill to amend an act providing for payment of $90.00 per quarter to the clerk of the Superior Court of certain counties for the purpose of hiring a deputy clerk; and for other purposes.

HB 355. By Mr. Murphy of Haralson:
A bill to amend an act entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation; and for other purposes.

HB 356. By Mr. Murphy of Haralson:
A bill to incorporate the town of Bremen; to make assessments for sanitary purposes; and for other purposes.

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JOURNAL OF THE SENATE,

HB 357. By Mr. Murphy of Haralson:

A bill to incorporate the Town of Bremen, so as to levy an ad valorem tax for school purposes; and for other purposes.

HB 368. By Mr. Witherington of Wilcox: A bill to amend the charter of the City of Abbeville; and for other purposes.

HB 377. By Mr. Ramey of Chattooga:
A bill to amend the act entitled an act to establish the city court of Chattooga County; and for other purposes.

HB 378. By Mr. Ramey of Chattooga:
A bill to amend an act being an act to abolish the board of commissioners of roads and revenues of Chattooga County, Ga.; and for other purposes.

HB 380. By Mr. Cheek of Franklin:
A bill to amend an act to create a new charter for the City of Carnesville in the County of Franklin; and for other purposes.

HB 27. By Messrs. Bagby of Paulding, Johnston of Lowndes, Byrd of Taylor, Garland of Butts and many others:
A bill to provide payment of compensation to certain persons who served in the military or naval forces of the United States; and- for other purposes.

The House has agreed to Senate amendments to the following bills and resolutions of the House, to wit:

HB 135. By Mr. Conger of Tift:
A bill to amend an act entitled an act to create a board of commisstoners of roads and revenue in and for the County of Tift; and for other purposes.

HB 133. By Mr. Witherington of Wilcox:
A hill to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.

TUESDAY, MARCH 4, 1947

343

HR 32. By Mr. Welsch of Cobb:
A resolution providing for the appointment of a committee to make inquiry as to what financial aid, or assistance, if any, may be made in behalf of the musicians comprising the football bands at Georgia Tech and the University of Georgia; and fo~ other purposes.

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 103. Do Pass.
HB 104. Do Pass.
HB 312. Do Pass.
Respectfully submitted, Hogg of 24th District, Chairman

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic has had under consideration the following bills
of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 92. Do Pass.
SB 96. Do Pass.
HB 119. Do Pass.
Respectfully submitted, Weaver of 51st District, Chairman

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JOURNAL OF THE SENATE,

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

SB 104. By Senator Seay of the 22nd:
A bill to amend an act approved August 22, 1907, Ga. Laws 1907, authorizing the City of Barnesville to maintain a system of public schools by local taxation, etc., as amended August 2, 1923, Ga. Laws 1923, pp. 495-497, by striking from said 1907 act section 9 as amended by the 1923 act in its entirety and by inserting in lieu thereof a new section to be numbered as section 9, providing that it shall be the duty of the mayor and council of the City of Barnesville to maintain the public school system, etc.; and for other purposes.
Referred to the Committee on Municipal Government.

SB 105. By Senator Mason of the 30th:
A bill to amend an act creating a commissioner and a board of finance for Hart County, approved January 31, 1946, to prescribe the manner of election of such commissioner and members of said board, to define their duties and powers, provide salaries, fix term of office; and for other purposes.
Referred to the Committee on Counties and County Matters.

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

HB27. By Messrs. Bagbyof Paulding, Johnston of Lowndes, Byrd of Taylor, Garland of Butts; and others:
A bill to provide payment of compensation to certain persons who served in the military or naval forces of the United States; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HB 43. By Mr. Ramey of Chattooga:
A bill to amend sections 2 and 3 of an act approved September 29, 1891, in corporating the Town of Lyerly in Chattooga County; and for other purposes.
Referred to Committee on Municipal Government.

HB 160. By Mr. Addleton of Spalding:
A bill to amend an act entitled an act to revise and consolidate the several acts of the General Assembly granting and amending the charter of the City of Griffin; and for other purposes.
Referred to Committee on Municipal Government.

TUESDAY, MARCH 4, 1947

345

HB 246. By Mr. Murphy of Haralson:
A bill to incorporate the town of Bremen, so as to increase the tax levy; and for other purposes.
Referred to Committee on Municipal Government.

HB 305. By Mr. Battle of Schley:
A bill to amend an act entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 323. By Mr. Coogle of Macon:
A bill to abolish the offices of tax collector and tax receiver in the County of Macon; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 337. By Mr. Briscoe of Walton: A bill to amend the charter of the City of Monroe; and for other purposes.
Referred to Committee on Municipal Government.

HB 339. By Messrs. Wilson, Vandiver and Keinper of Bibb:
A bill to repeal an act entitled an act to establish a county board of commission for the County of Bibb; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 344. By Mr. Meeks of Union:
A bill to abolish the office of tax collector and tax receiver in Union County;
.and for other purposes.
Referred io the Committee on Counties and County Matters.

HB 348. By Mr. Ray of Warren:
A bill to amend an act providing for payment of $90.00 per quarter to the clerk of the Superior Court of certain counties for the purpose of hiring a deputy clerk; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE SENATE,

HB 355. By Mr. Murphy of Haralson:

A bill to amend an act entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation; and for other purposes.

Referred to Committee on Municipal Government.

HB 356. By Mr. Murphy of Haralson:
A bill to incorporate the Town of Bremen; to make assessments for sanitary purposes; and for other purposes.
Referred to Committee on Municipal Government.

HB 357. By Mr. Murphy of Haralson:
A bill to incorporate the Town of Bremen, so as to levy an ad valorem tax for school purposes; and for other purposes.
Referred to Committee on Municipal Government.

HB 368. By Mr. Witherington of Wilcox: A bill to amend the charter of the City of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 377. By Mr. Ramey of Chattooga:
A bill to amend the act entitled an act to establish the city court of Chattooga County; and for other purposes.
Referred to Committee on Municipal Government.

HB 378. By Mr. Ramey of Chattooga:
A bill to amend an act being an act to abolish the board of commissioners of roads and revenues of Chattooga County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 380. By Mr. Cheek of Franklin:
A bill to amend an act to create a new charter for the City of Carnesville in the County of Franklin; and for other purposes.
Referred to Committee on Counties and County M11tters.

TUESDAY, MARCH 4, 1947

347

Mr. Bush of the 8th District, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

Your Committee on Temperance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 86. Do Pass.

Respectfully submitted,

Bush of 8th District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

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

SB 88. Do Pass.

HB 29. Do Not Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:

Your Committee on Education and Public Schools has had under consideration th<' following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 18. Do Pass as amended.

Respectfully submitted,

Woodall of 25th District, Chairman

348

JOURNAL OF THE SENATE,

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the sal'l back to the Senate with the following recommendations:

HB 295. Do Pass.

HB 302. Do Pass.

HB 303. Do Pass.

HB 301. Do Pass.

HB 297. Do Pass.

HB 294. Do Pass.

SB. 93. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and have instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 53.

SB 70.

SB 90.

SR 13.

Respectfully submitted,

Wideman of 46th District, Chairman

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

SB 18. By Senators Woodall of the 25th and Millican of the 52nd:
A bill to fix the compensation to be paid the State Superintendent of Schools at $10,000.00 per annum, payable monthly, to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 4, 1947

349

SB 86. By Senators Carswell of the 17th and Darby of the 15th.:

A bill to amend an act entitled the alcoholic beverage control act to forbid advertising of any sort by any licensed liquor store or by any manufacturer of beverages controlled by this act; and for other purposes.

SB 88. By Senators Williams of the 31st, Arnold of the 50th and Logan of the 33rd:
A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle by any person without a written bill of sale and transfers given or received under the provision this shall be recorded in the office of the clerk of the Superior Court in the county where the purchase is made at the time of such sale or transfer; to provide that any person selling, conveying or transferring possession, buying or receiving transfer of a motor vehicle without a written bill of sale from the seller to the purchaser, shall be guilty of a misdemeanor and upon conviction be punished as for a misdemeanor; and for other purposes.

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:
A bill to authorize the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state forests; and for other purposes.

SB 93. By Senator Millican of the 52nd:
A bill to amend an act establishing the charter for the City of Atlanta, approved February 28, 1874, so the mayor and council shall have full power and authority to open, lay out, widen, straighten or otherwise change streets, etc., in the city; andfor other purposes.

SB %. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to amend an act approved February 19, 1943 (Ga. Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.

SB 103. By Senator Trippe of the 38th:
A bill to amend an act approved November 18, 1901, establishing the city court of Polk County in the City of Cedartown, to provide for jurisdiction over juvenile delinquents under 16 years of age; and for other purposes.

350

JOURNAL OF THE SENATE,

HB 104. By Mr. Oden of Pierce:
A bill to amend an act to establish the city court of Blackshear, in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, etc.; and for other purposes.

HB 119. By Mr. Davis of Bartow:
A bill to empower the several hospital authorities of Georgia to invest monies received by them from the sale of revenue certificates, which are legal investments for sinking fund purposes; and for other purposes.

HB 294. By Messrs. MeWhorter, Howard and Hubert of DeKalb:

/

A bill to amend an act approved August 17, 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;

and for other purposes.

HB 297. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend section 38 of the act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, and the several acts amendatory thereof, authorizing the City of Decatur to assess the entire cost for constructing sewers against the abutting property owners; and for other purposes.

HB 301. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville; and for other purposes.

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act approved July 15, 1927, entitleo;l an act to amend an act approved September 16, 1891, incorporating the City of Hapeville, to define the duties of aldermen of the city of Hapeville; and for other purposes.

HB 303. By Messrs. Kidd and Jennings of Baldwin:
A bill to amend an act incorporating the City of Hapeville so as to authorize the creation of a city manager therefor; to provide the manner of selection; to fix compensation and term of office; and for other purposes.

HB 312. By Mr. Mitchell of Monroe:
A bill to amend an act entitled "Monroe Tax Commissioner's Compensation"; and for other purposes.

TUESDAY, MARCH 4, 1947

351

The following uncontested local bills of the House were read the third time and put upon their passage~:

HB 97. By Messrs. Sabados and Durden of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany, approved August 18, 1923, by striking section 2 of said act, as amended, defining the corporate limits of said city, and providing the boundaries of the various wards and inserting in lieu thereof a new description of the territory to be included within the corporate limits of the City of Albany, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend the charter of the City o~ Lithonia; and for other purposes. The report 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 1. The bill, having received the requisite constitutional majority, was passed.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend the charter of the City of Lithonia and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 130. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend the charter of the City of Lithonia by providing that the mayor's salary shall not exceed two hundred ($200.00) dollars 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 48, nays 0.
The hill, having received the requisite constitutional majority, was passed.

352

JOURNAL OF THE SENATE,

HB 171. By Mr. Whaley of Telfair:

A bill relating to fines and forfeitures accumulating in the Superior Court of the County of Telfair; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 208. By Mr. Bloodworth of Houston:
A bill to amend the charter of the municipality of Warner Robins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide for the counties of this state having a population of not less than 83,783 and not more than 83,799, to employ stenographers to take down and transcribe evidence at coroner's inquests; and for other purposes.
The report 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 217. By Mr. Seagraves of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 3.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 4, 1947

353

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:

A bill empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land now a part of Seventh Avenue in the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 241. By Messrs. Crowe and Hobby of Worth:
A bill to create a new charter for the City of Sylvester; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 263. By Mr. Walker of Ben Hill:
A bill to amend an act amending and revising the charter for the. City of Fitz gerald; and for other purposes. The report 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 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act to incorporate the Town of Alpharetta; and for other purposes. The report 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.
'

354

JOURNAL OF THE SENATE,

HB 291. By Messrs. McWhoner, Howard and Hubert of DeKalb:

A bill to amend an act entitled an act to create and establish the city court of Decatur; to define the jurisdiction 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 292. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 21, 1906, which is entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalb; to prescribe his power, duties and compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays I.
The bill, having received the requisite constitutional majority, was passed.

HB 293. By Messrs. Howard, Huben and MeWhorter of DeKalb:
A bill to amend an act approved August 13, 1924, entitled an act, to change from"the fee to the salary system in certain counties in Georgia; the clerk of the Superior Conn; the sheriff; the ordinary; the tax collector and the 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 296. By Messrs. Howad, McWhorter and Hubert of DeKalb:
A bill to amend an act to provide and establish a new charter for the Town of Clarkston in the County of DeKalb; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 4, 1947

355

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

HB 72. By Messrs. Lovett of Laurens, Malone of Laurens, Jennings of Sumter, Chance of Twiggs, Mann of Dodge, Williams of Jones and Battle of Schley.
I
A bill to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working or to peaceably conduct his business, or to require the membership or non-membership of any personin a labor organization; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 73. By Messrs. Lovett of Laurens, Williams of Jones, Jennings of Sumter and others:
A bill to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, or to refrain from being or remaining a member or affiliate of a labor organization; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to provide for the sale and use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.
Senator Sumner of the lOth offered the following amendment:
Amend HB 99 by striking out in section 2, line 4, the following words, "for poultry and livestock diseases only", and substituting in lieu thereof the following words "not for human use."
The amendment was adopted.
Senator Sumner of the lOth offered the following amendment:
Amend HB 99 by adding the word "and" immediately after the words "dangerous character of such drugs" in line 6 of the title.
The amendment was adopted.

356

JOURNAL OF THE SENATE,

Senator Sumner of the lOth offered the following amendment:
Amend HB 99 by adding the word "and" immediately after the words "dangerous character of such drug" in line 7, section I.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to amend an act approved March 8, 1945, amending the code section 38-1801 of the Code of Georgia of 1933, to include therein additional classes of persons who may be made a witness and cross examined with the further right of impeach ment; and for other purposes.
The report 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 Dean of the 34th asked unanimous consent that the following bill of the House be indefinitely postponed:
HB 295. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend section 43 of the original charter of the City of Stone Mountain approved August 21, 1929; and for other purposes.
Th~ consent was granted.
Senator Pannell of the 43rd asked unanimous con!ient that the following bill of the Senate be recommitted to the Committee on Finance:
SB 85. By Senators Grayson of the 1st, Coker of the 39th, Pannell of the 43rd, Boone of the 21st and Carswell of the 17th:
A bill to amend an act approved February 3, 1934, known as the Revenue Tax Act to legalize and control alcoholic beverages and liquors by eliminating private persons, firms and corporations from engaging in distribution, and/or sale of alcoholic beverages and liquors at wholesale; by authorizing the State of Georgia through its State Revenue Commissioner to operate for the benefit of the state the sale and distribution of alcoholic beverages and liquors at wholesale; and for other purposes.
The consent was granted.

TUESDAY, MARCH 4, 1947

357

The following resolution of the House was taken up for consideration:

HR 73. By Messrs. Lewis of Hancock, Causey of Bacon, Johnston of Lownde~ and Mrs. Rainey of Terrell:

A resolution inviting HCIIlorahle Margaret Chase Smith to address the joint session of the General Assembly of Georgia; and for other purposes.

On the adoption of the resolution, the ayes were 14, nays 16, and the resolution was lost.

Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed.

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



358

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, March 5, 1947.

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

Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams

Hogg

Ramsey

Arnold

Hook,;

Richardson

Baker

Howard

Seay

Blitch

Huckeba

Smiley

Branch

Kennon

Sumner

Burks

Kiker

Tarbutton

Bush

Killingsworth

Tippins

Butler

Knox

Trippe

Callaway

Logan

Walker

Darby

Mason

Weaver

Dorsey

Millican

Wells

Ferguson

.Mitchell

Wideman

Griffith

Overstreet

Williams

Gwyn

Pannell

Woodall

Hodges

Parker

Yates

Senator Knox of the 29th 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 order of business for today:

1. Introduction of bills and resolutions.

2. First reading and reference of bills and resolution.

3. Report of standing committees.

4. Second reading of bills and resolutions, favorably reported.

5. Consideration of local uncontested bills and resolutions of the Senate and House.

6. Consideration of general bills and x:esolutions of the Senate and House.

The consent was granted.

WEDNESDAY, MARCH 5, 1947

359

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

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

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

SB 71. By Senator Millican of the 52nd:
A bill to amend section 23-1705, Code of Georgia, 1933, relating to bonds for public contractors so as to provide that the terms of said section shall not apply to contracts with any municipal corporation having a population of more than 250,000 according to the last or any future census for the doing of any public work where the total contract price for such work does not exceed one thousand dollars; and for other purposes.

SB 79. By Senator Millican of the 52nd:
A bill to authorize in all counties of 200,000 or more according to 1940 or any future U. S. census to transfer garbage disposal functions to the county board of health; and for other purposes.

SB 81. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

SB 82. By Senator Millican of the 52nd:
A bill to amend an act approved July 24, 1920, .relative to salary of county treasurer of Fulton County so as to increase said salary from $5,000.00 to $6,000.00 per year, and for ot3er purposes.

SB 78. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more according to 1940 or future United States census there is established the position of police chief; to provide his election, duties, salary; and for other purposes.

360

JOURNAL OF THE SENATE,

The House has adopted the following resolution of the House to wit:

HR 87. By Messrs. Kidd and Jennings of Baldwin:
A resolution thanking the Honorable Max T. Noah, director of the A Cappella and the membership of the chorus from G. S. C. W. and G. M. C. for the fine program rendered before the membership of the General Assembly on March 3, 1947.

~lr. Tarbutton of the 20th District, chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 101. Do Pass.

Respectfully submitted,

Tarbutton of 20th District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 2. Do Pass by substitute, as amended. Respectfully submitted,
Logan of 33rd District, Chairman

Mr. Ferguson of the 13th District, chairman of the Committee on Conservation, sub mitted the following report:

Mr. President:

Your Committee on Conservation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 75. Do Pass.

Respectfully submitted,

Ferguson of 13th District, Chairman

WEDNESDAY, MARCH 5, 1947

361

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters has had under consideration the
following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 270. Do Pass. HB 251. Do Pass. HB 252. Do Pass. HB 285. Do Pass. HB 286. Do Pass. HB 284. Do Pass. HB 227. Do Pass.

Respectfully submitted,
Hogg of 24th District, oChairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters has had under consideration the
following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 158. Do Pass. HB 156. Do Pass. HB 157. Do Pass. HB 34. Do Pass. SB 105. Do Pass. SB 100. Do Pass. SB 91. Do Pass. SB 99. Do Pass. HB 322. Do Pass. HB 271. Do Pass.
Respectfully submitted, Hogg of 24th District, Chairman

362

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following
bills and I or resolutions of the Senate and has instructed me, as chairman, to report the
same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 71.

SB 78.

SB 79.

SB 81.

SB 82.

Respectfully submitted,

Wideman of 46th District, Chairman

The following hills of the Senate and House were introduced, read the first time and referred to committees:

SB 106. By Senator Boone of the 21st:
A hill to provide for the holding of four terms each year of Wilkinson superior court; to provide for the grand jury terms; to prescribe and fix the time for holding the same; and tor other purposes.
Referred to Committee on Counties and County Matters.

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A hill to amend section 56101 of the Georgia Code so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; to fix the amount of the bond of the deputy insurance commissioners; and to amend section 56102 of the Georgia Code 1933 as amended by an act approved March 20, 1943, so as to fix the salaries of the chief deputy and each deputy insurance commissioner; and for other purposes.
Referred to Committee on Insurance.

SB 108. By Senators Gwyn of the 36th and Huckeba of the 37th:
A hill to amend an act approved August 19, 1918, entitled an act to abolish the fee system now existing in the superior courts of the Coweta judjcial circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, MARCH 5, 1947

363

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to amend an act approved Feb. I, 1946, Georgia Laws 1946, pp. 206-217, being an act to amend chapter 32-9 of the Georgia Code as amended relating to the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses, etc.; to set up procedure for bond elections, etc.; and for other purposes.
Referred to Committee on Education.

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.
The president pro tempore recognized in the gallery the girls' basketball team of Union Bag Athletic Association, Savannah, Georgia, with their coach Joe Battle.
The following resolution was read and adopted: By S9nator Mason of the 30th:
Whereas, the Honorable D. Talmadge Bowers is a guest of the State Senate at this time;
Therefore, be it resolved, that he be given the privilege of the Boor.

The following communication was read by the secretary: The family of
Mrs. A. L. Dorsey deeply appreciates your kind expression of sympathy
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 91. By Senator Dean of the 34th:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.

364

JOURNAL OF THE SENATE,

SB 99. By Senator Millican of the 52nd:
A bill to create in every county having a population of 300,000 or more by 194Q U. S. census, or any future census, a stadium authority, the members of which are to be appointed by the board of commissioners of roads and revenues; to provide the number of members and their terms and tenures; and for other purposes.

SB 100. By Senator Millican of the 52nd:
A bill to amend an act authorizing the board of commissiOners of roads and reve nues of Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

SB 101. By Senator Tarbutton of the 20th:
A bill to define and broaden the use of rights-of-way granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give :he state highway department jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.

SB 105. By Senator Mason of the 30th:
A bill to amend an act creating a commissiOner and a board of finance for Hart county, approved January 31, 1946, to prescribe the manner of election of such commissioner and members of said board, to define their duties and powers, provide salaries, fix term of office; and for other purposes.
The president pro tempore recognized in the gallery the tenth grade of Davis High School of Banks county, with their teacher, Miss Evelyn Rylee.

HB 34. By Mr. Jones of Brantley:
A bill to provide for holding four terms a year of the superior court of Brantley county; and for other purposes.

HB 156. By Mr. Smith of Clayton:
A bill to amend an act to create a commissioner of roads and revenues of Clayton county; and for other purposes.

HB 157. By Mr. Smith of Clayton:
A bill to amend the act abolishing the office of tax receiver and tax collector of Clayton county; and for other purposes.

HB 158. By Mr. Smith of Clayton:
A bill to create and establish for Clayton county a county planning commission and board of zoning appeals; and for other purposes.

WEDNESDAY, MARCH 5, 1947

365

HB 271. By Mr. Witherington of Wilcox:
A hill to amend an act to create a hoard of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.

HB 322. By Mr. Coogle of Macon:
A hill to repeal an act to establish a city court of Oglethorpe; and for other purposes.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to amend an act establishing the criminal court of Fulton county, hy fixing the salary of the solicitor general of said court; and for other purposes.

HB 251. By Mr. Gary of Quitman:
A hill to repeal an act to create a hoard of commissiOners of roads and revenues for the County of Quitman, and to define the powers and duties thereof, approved February 22, 1873, and all acts amendatory thereof; and for other purposes.
HB 270. By Mr. Yawn of Dodge:
A hill to amend an act to consolidate the offices and duties of tax receiver and tax collector of Dodge county; and for other purposes.

HB 284. By Mr. Smith of Chatham:
A hill to name and fix the terms of the superior court of Chatham county; and for other purposes.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A hill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all muniCipalities having a population of not less than 95,000 inhabitants and not more than 200,000 inhahi tants; and for other purposes.

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:
A hill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants; and for other purposes.

SB 75. By Senators Wideman of the 46th and Howard of the 2nd:
A hill to provide statewide forest fire protection; to give State director of forestry additional and cumulative powers and to define such powers, etc.; and for other purposes.
HB 252. By Mr. Gary of Quitman:
A hill to create a Board of Commissioners of Road and Revenues for Quitman county; and for other purposes.

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JOURNAL OF THE SENATE,

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

HB 104. By )h. Oden of Pierce:
A bill to amend an act entitled an act to amend an act to establish the city court of Blackshear, in the County of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof; to define their powers and duties; to provide for pleading and practice and new trials therein, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 294. By )fessrs. MeWhorter, Howard and Hubert of DeKalb:
A bill to amend an act approved August 17, 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; and for other purposes.
The report 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 l.
The bill, having received the requisite constitutional majority, was passed.

HB 297. By ::\lessrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend section 38 of the act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, and the several acts amendatory thereof authorizing the city authorities of said City of Decatur to assess the entire cost for constructing sewers against the abutting property owners; and for other purposes.
The report 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.

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367

HB 301. By Messrs. Kendrick, Etheridge and Smith of Fulton:

A bill to amend an act to incorporate the City of Hapeville; and for other purposes.
The report 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 I.
The bill, having received the requisite constitutional majority, was passed.

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to amend an act approved July 15, 1927, entitled an act" to amend an act approved September 16, 1891, incorporating the City of Hapeville, to define the duties of alderman of the City of Hapeville; and for other purposes.



The report 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 2.

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

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act to incorporate the City of Hapeville approved September 16, 1891, to authorize the creation in the city government of said city the office of city manager; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 312. By Mr. Mitchell of Monroe:
A bill to amend an act entitled "Monroe tax commissioner's compensation"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 2.
The hill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

The president pro tempore presented to the Senate Miss Chili Williams and Tom Conway, screen stars from Hollywood, California.

SB 93. By Senator Millican of the 52nd:
A bill to amend an act establishing charter for the City of Atlanta, so the mayor and council shall have full power and authority to open, lay out, widen, straighten or otherwise change streets, etc., in city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitution~tl majority, was passed.

SB 103. By Senator Trippe of the 38th:
A bill to amend an act approved. November 18, 1901, establishing the city court of Polk county in the City of Cedartown, to provide for jurisdiction over juvenile delinquents under 16 years of age; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills of the Senate were read the third time and put upon their passage:
SB 18. By Senators Millican of the 52nd and Woodall of the 25th:
A bill to fix the compensation to be paid the state superintendent of schools at $10,000 per (mnum, payable monthly, to repeal conflicting laws; and for other purposes. The Committee on Education and Public Schools moved to amend SB 18 as follows:
Amend SB 18 by striking the words and figures $10,000 and insert in lieu thereof the words and figures $9,000. Amend section 2 by changing the word "January" to read "April."
Senator Wideman of the 46th moved to amend SB Ill" by adding at the end of section one a new sentence as follows: "The provisions of this act shall not apply during the present term of the state school superintendent" and by striking section 2 in its entirety and renumbering section 3.
Senator Blitch of the 5th moved that SB 18 be tabled, and the motion prevailed.

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369

SB 88. By Senators Williams of the 31st, Arnold of the 50th, and Logan of the 33rd:

A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle by any person without a written bill of sale conveying title and pas session; to provide that all bills of sale and transfers given or received under the provision of this act shall be recorded in the office of the clerk of the superior court in the county where the purchase is made at the time of such sale or transfer; to provide that any person selling, conveying or transferring possession, buying or receiving transfer of a motor vehicle without a written bill of sale from the seller to the purchaser, shall be guilty of a misdemeanor and upon conviction be pun ished as for a misdemeanor; and for other purposes.

Senator Pannell of the 43rd moved to amend SB 88 as follows: Amend SB 88 by striking section 3 in its entirety, and to amend caption likewise.

Senator Williams of the 31st offered the following amendment:
Amend SB 88 by inserting between the words "court and at" in the third line of section 2 of said act the following: "In the county where the purchase is made at the time of such sale or transfer."
Further amend said act by striking the words "above section" in the second line
jf section 3, and inserting in lieu thereof the words "this act."
Senator Williams of the 31st moved that SB 88 be tabled, and the motion prevailed.

SB 86. By Senators Carswell of the 17th and Darby of the 15th:
A bill to be entitled an act to amend an act entitled The Alcoholic Beverage Con trol Act to forbid advertising of any sort by any licensed liquor store or by any manufacturer of beverages controlled by this act; and for other purposes.
Senator Carswell of the 17th moved to amend SB 86 as follows:
Amend SB 86 by striking the period after the word "act" in the last line of section one of said act and inserting in lieu thereof a comma and adding after the comma the words "and by any manufacturer, wholesale distributor and retail dealer of beer, wine, and any and all other beverages containing any alcoholic content. And that the caption of said bill be amended to conform herewith."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 29, nays 9.
The bill, having received the requisite constitutional majority, was passed, as amended.
Senator Carswell of'the 17th asked unanimous consent that SB 86 be immediately trans mitted to the House, and the consent was granted.

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JOURNAL OF ..THE SENATE,

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:

A bill to authorize the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one fourth of one acre in Union and Towns counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state. forests; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, .nays 0.

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

Senator Dorsey of the 32nd asked unanimous consent that SB 92 be immediately transmitted to the House, and the consent was granted.

SB96. By Senators Yates of the 44th, Griffith of the 28th, and Callaway of the 35th:
A bill to amend an act approved February 19, 1943 (Ga. Laws 1943, pp. 387-395) relating to costs collected in the supreme court and court of appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5, fixing the salary of the deputy clerk of the supreme court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays I.
The bill, having received the requisite constitutional majority, was passed.
Senator Logan of the 33rd asked unanimous consent that SB 96 be immediately transmitted to the House, and the consent was granted.
The following resolution of the House was read and ad,opted:
HR 87. By Messrs. Kidd and Jennings of Baldwin:
A resolution thanking the Honorable Max T. Noah, director of the A Cappella Choir and the membership of the choir of G. S. C. W. and G. M. C. for the fine program rendered before the membership of the General Assembly on March 3, 1947.
WHEREAS, Honorable Max T. Noah, director of the A Cappella Choir, composed of song birds from G. S. C. W. and G. M. C. schools located at Milledgeville, Georgia, visited the General Assembly on Monday, March 3, 1947; and,
WHEREAS, the songs that were sung by the A Cappella Choir were inspiring, beautiful and very harmonious; and,

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371

WHEREAS, this fine program produced harmony in abundance in the halls of the House of Representatives; and,

WHEREAS, the House of Representatives and Senate of the State of Georgia are very appreciative of the time and effort of these outstanding young Georgians and their able director;

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives, the Senate concurring, that the General Assembly of the State of Georgia hereby express their sincere thanks and appreciation to the Honorable Max T. Noah, director, and the membership of the A Cappella Choir composed of students' from G. S. C. W. and G. M. C. at Milledgeville, Georgia, for the fine program rendered in the halls of the House of Representatives on Monday, March 3, 1947.

BE IT FURTHER RESOLVED, that a copy of this resolution be entered on the minutes by the clerk of the House of Representatives and the secretary of the Senate and that a copy of this resolution be addressed and forwarded to Honorable Max T. Noah, director, and to the membership of the A Cappella Choir at Mil ledgeville, Georgia.

The following resolution of the Senate was read and adopted:

SR 25. By Senators Millican of the 52nd and Pannell of the 43rd:
A resolution to appoint a committee from the Senate and House of Representatives for the purpose of investigating the feasibility of acquiring the abandoned right of-way of the Atlanta Northern Railway to be used as an addition to and in the widening of the present State highway that practically parallels said abandoned right-ofway; and for other purposes.
The president appointed on the part of the Senate: Senators Kiker of the 41st and Coker of the 39th.
Senator Kennon of the 53rd moved that the Senate do now adjourn, and the motion prevailed.

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

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, March 6, 1947.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom

Overstreet Pannell Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of xesterday'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 order of business for today:

l. Introduction of bills and resolutions. 2. First reading and reference of bills and r~solutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions, favorably reported.

5. Consideration of local bills and resolutions of the Senate and House.
'
6. Consideration of general bills and resolutions of the Senate and House.

The consent was granted:

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373

Senator Weaver of the 51st asked unanimous consent that the following bill of the House be read the second time and recommitted to the Committee on Special Judiciary.

HB 96.

By Messrs. Hand of Mitchell, Smith and Edenfield of Emanuel, Ray of Warren, Garrard of Wilkes, Cheek of Franklin, Harrison of Jeff Davis, Byrd of Taylor, Briscoe of Walton, Lokey of McDuffie, Bargeron of Burke, Mitchell of Monroe, Phillips of Columbia, Johnson of Bulloch, McCracken of Jefferson and .Kidd of Baldwin:

A bill to effect a complete revision of all the laws of this State in any way dealing with the registration and qualification of voters; providing for a periodic registration and the annulment of all registrations hereto effected; and for other purposes.

The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bill of
the House, to wit:
HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a compensating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.

The following bill of the House was read the first time and referred to the committee:
HB 8. By Mr. Causey of Bacon: A bill to authorize the levy and collection of a general sales tax and a compensating use tax to provide funds to meet appropriations authoriZed by the General Assembly; and for other purposes.
Referred to Committee on Finance.

Mr. Weaver of the 51st District, chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:

Your Committee on State of the Republic has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 28. Do Pass, as amended.

Respectfully submitted,
Weaver of 51st District, Chairman

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JOURNAL OF THE SENATE,

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

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

SB 109. Do Pass.

Respectfully submitted,
Woodall of 25th District, Chairman

:\ir. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 98. Do Pass. SB 104. Do Pass, as amended. HB 22. Do Pass, as amended. HB 246. Do Pass. HB 356. Do Pass. HB 357. Do Pass. HB 355. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report: Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB86. SB 92. SB 93. SB 96. SB 103. SR 25.

Respectfully submitted,
Wideman of 46th District, Chairman

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375

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

SB 98. By Senator Weaver of the 51st:
A bill to amend the charter of the City of Macon to ratify and confirm the ordi nance of the mayor and council abandoning and closing that portion of the alley running from Cherry Street to Park Lane lying between lots 6 and 7 in block 63, and confirming sale of the strip of land embracing said abandoned alley to William A. Snow; and for other purposes.

SB 104. By Senator Seay of the 22nd:
A bill to amend an act approved August 22, 1907, Ga. Laws 1907, authorizing the City of Barnesville to maintain a system of public schools by local taxation, etc., as amended August 2, 1923, Ga. Laws 1923, pp. 495-497, by striking from said 1907 act, section 9 as amended by the 1923 act in its entirety and by inserting in lieu thereof a new section to be numbered as section 9, providing that it shall be the duty of the mayor and council of the City of Barnesville to maintain the public school system, etc.; and for other purposes.

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to amend an act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, being an act to amend chapter 32-9 of the Georgia Code as amended relating to the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses, etc.; to set up procedure for bond elections, etc.; and for other purposes.

HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions; and for other purposes.

HB 246. By Mr. ~~urphy of Haralson:
A bill to incorporate the Town of Bremen so as to increase the tax levy; and for other purposes.

HB 355. By Mr. Murphy of Haralson:
A bill to amend an act entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation; and for other purposes.

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JOURNAL OF THE SENATE,

HB 356. By :\lr. ~lurphy of Haralson:

A bill to incorporate the town of Bremen; to make assessments for sanitary pur poses; and for other purposes.

HB 357. By Mr. Murphy of Haralson:
A bill to incorporate the town of Bremen so as to levy an ad valorem tax for school purposes; and for other purposes.

HR 28. By :\:Ir. Bloodworth of Houston:
A resolution, Whereas, on the second day of December, 1945, while traveling in 'It an automobile belonging to Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitali zation, doctor bills and medical bills, etc.; and for other purposes.
The following local uncontested bills of the Senate and House were read the third time and put upon their passage:

HB 34. By Mr. Jones of Brantley:
A bill to provide for holding four terms a year of the superior court of Brantley county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority; was passed.

HB 156. By :Mr. Smith of Clayton:
A hill to amend an act to create a commissioner of roads and revenues of Clayton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 157. By Mr. Smith of Clayton: A bill to amend the act abolishing the office of tax receiver and tax collector of Oayton county; and for other purposes.

THURSDAY, MARCH 6, 1947

377

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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 158. By Mr. Smith of Clayton: A hill to create and establish for Clayton county, a county ylanning commission and board of zoning appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes. were 35, nays 2.
The hill, having received the requisite constitutional majority, was passed.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing the criminal court of Fulton county, by fixing the salary of the solicitor general; and for other purposes.
The report o( 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 251. By Mr. Gary of Quitman:
A hill to repeal an act creating a board of commissioners of roads and revenues for the County of Quitman, and to define the powers and duties thereof, approved Feb. 22, 1873, and all acts amendatory thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 252. By Mr. Gary of Quitman:
A hill to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB270. By Mr. Yawn of Dodge:

A bill to amend an act to consolidate the offices and duties of tax receiver and tax collector of Dodge county; and for other purposes.

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

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

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

HB 271. By Mr. Witherington of Wilcox:
A bill to amend an act to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.
The report 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 284. By Mr. Smith of Chatham:
A bill to name and fix the terms of the superior court 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities having a population of not less than 95,000 inhabitants and not more than 200,000 inhabi tants; and for other purposes.
The report 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.

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379

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:

A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants; and for other purposes.

The report 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 3.

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

HB 322. By Mr. Coogle of Macon:
A bill to repeal an act establishing a city court of Oglethorpe, Macon county, to abolish said court; to provide for disposition of business now pending; to provide for a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority,. was passed.
The following general bills of the Senate and House were read the third time and put upon their passage:

SB 54. By Senator Millican of the 52nd:
A bill to regulat~ the practice of architecture in this State; and for other purposes.
Senator Weaver of the 51st offered the following amendment:
Amend SB 54, page 2, section 2, last line, delete the period and in lieu thereof insert a semicolon and the following: "Provided, that none of the provisions of this section shall be deemed to apply to any corporation which may prepare plans, drawings, and specifications for buildings and structures as defined by the provisions of section 84-301 of the Code of Georgia of 1933, which are constructed, erected or built for the use of such corporation."
The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE SENATE,

SB 75. By Senators Wideman of the 46th and Howard of the 3rd:

A bill to provide statewide forest fire protection; to give state director of forestry additional and cumulative powers and to define such powers; and for other purposes.

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

On the passage of the bill, the ayes were 36, nays 0.

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

SB 101. By Senator Tarbutton of the 20th:
A bill to define and broaden the use of rights-of-way granted for highways and to lessen the surface use thereof, and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the State highway de partment jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 119. By Messrs. Cates and Bargeron of Burke:
A bill to empower the several hospital authorities of the State of Georgia created by and under "Hospital Authorities Law"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 2. By :\lessrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of munici pal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.

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381

Senator Walker of the 45th offered the following amendment:
Amend HB 2 by omitting from the terms of said bill the C<!unty of Ben Hill and all municipalities located therein.

The amendment was adopted.

Senator Yates of the 44th offered the following amendment: Amend HB 2, section 9A so as to include Walker county.
The amendment was adopted.

The Committee on Special Judiciary offered the following substitute:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain municipalities in Georgia; to provide the procedure for establishing such systems of government; to prescribe the powers vested in municipalities under such optional systems; to provide for initiative, referendum and recall for municipalities; to provide how this act shall become effective; and for other purposes.
WHEREAS, paragraph 1 of article XV of the Constitution of Georgia, approved August 7, 1945, provides:
"The General Assembly shall provide for uniform systems of county and mu nicipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans."
THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, THAT:
Section 1. That this act may be cited as the Municipal Home Rule Law of 1947.
Section 2. Original charters, whether for cities or towns, may be granted only by the General Assembly.
Section 3. Any city or town may frame and adopt a charter of its own gov ernment, provided it is consistent with the subject to the Constitution and General Laws of this State, and in the following manner:
(a) The legislative body of the city may by ordinance submit to the voters the question: "Shall a commission b~: selected to frame a charter?
If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall be submitted at such election, and if not, than at a special election to be held not less than . sixty (60) nor more than ninety (90) days from the passage of such ordinance.

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(b) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the city clerk, 9r other official discharging such duties, requesting the submission to the voters the question, "Shall a commission be selected to frame a charter?", the governing authority of said city shall submit the same at the next general election if a general election is to be held, not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The city clerk, or other official in charge of city elections, shall determine the sufficiency of such petition.
(c) If such question be submitted under the provisions of sub-paragraphs a or b of this section, any person may became a candidate to serve upon such commission by filing a notice of such intention with the city clerk, or other official in charge of city elections, not less than 30 days prior to the election at which such question is to be submitted. The names of such candidates shall be printed on the same ballot with the question in alphabetical order, without party designation. Each voter shall vote for not more than seven (7) such candidates.
(d) If a majority of the votes cast in such election are in favor of the selection of such commission, the seven (7) candidates receiving the highest number of votes shall constitute such commission. If less than seven (7) persons should be nominated, the number needed to constitute a commission of seven (7) shall be named by the governing authority of such city. All necessary expenses of the commission in the framing of the charter, including the expense of legal counsel and advice, shall be paid by the city, but the members of the commission shall receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted.
(e) Upon the submission of such charter, the governing authority of the city shall cause the same to be submitted to the voters of the city at the next general election to be held for said city if the time of such general election is within ninety (90) days from the time such charter is so submitted to the governing authority of the city, otherwise, it shall be submitted at a special election to be held not less than sixty (60) nor more than ninety (90) days from the time such charter is so submitted by the said commission. If a majority of the voters participating in such election vote in favor of the adoption of such charter, it shall become the charter of the city at the time fixed therein and shall supersede any existing charter and amendments thereto..
(f) If such charter be approved, two copies of the same, duly authenticated by the mayor or other executive officer of the city, attested by the clerk under the seal of the city, shall be prepared. One copy shall be filed with the Secretary of State within thirty (30) days of the adoption thereof, and the other shall be recorded upon the minutes of the governing authority of the city, and thereafter shall be deposited' in its archives and all courts shall take judicial notice thereof.

(g) Notice of any election, either regular or special, at which any question is to be submitted pursuant to this act, together with the questions or proposals, either or both, to be submitted thereat, shall be published once a week for the four (4) weeks next preceding such election in the official gazette of the said city, or if there be none, then in the newspaper in which sheriff's sales are advertised for the county in which such city is located.

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(h) Amendments to any charter adopted under the foregoing proVIsiOns may he proposed by .the legislative body of the city, or may he proposed by a petition signed by twenty-five per cent (25%) of tl;le voters qualified to participate in the last general election and filed with the city clerk or other official having charge of city elections. Upon such amendments being proposed, the legislative body of the city shall submit the same to the voters of such city at the next general election if the same is to be held within ninety (90) days from the time such amendment is proposed, otherwise, the same shall be submitted at a special election to he called not less than sixty (60) nor more than ninety (90) days from the time of the proposal of such amendments.
(i) Any amendment approved by a majority of those participating in such election shall become a part of the charter of such city at the time and under the conditions fixed in the amendment. Such amendments or any section, article or portion thereof may be submitted separately or in the alternative in the same manner as a complete charter. Authenticated copies of amendments so adopted shall be filed with the Secretary of State and recorded and lodged in the same manner and within the same time as herein provided for complete charters and shall have the same judicial notice taken thereof.

Section 4. Any city which creates or adopts a charter in conformity with the foregoing provisions shall have within the limitations fixed by the constitution or general law all the power necessary, requisite or proper for the government and administration of its local and municipal affairs, including the power to legislate upon, provide, regulate, conduct and control:

(a) The establishment of municipal offices, agencies and employment; the definition, regulation and alteration of the powers, duties and qualifications, the fixing of compensation, and terms or tenure of all municipal officers, agents and employees; the establishment and operation of waterworks, incinerators, sewage systems and disposal plants, and electric generating plants and distribution systems; provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation.

(b) The creation of police courts and maintenance of police and fire departments.
(c) The levying of taxes within the limits fixed in its charter to support all municipal functions.
(d) The issuance, refunding and liquidation of financial obligations, including school, street, water, electric generating plant and distribution system and sewer bonds, and the issuance of revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities.

(e) The establishment and maintenance of hospitals and clinics for the reception and treatment of charitable and pay patients.

(f) The acquisition, construction, ownership and operation of public parks, swimming pools, golf courses, recreation grounds, airfields and airports.

(g) The right to contract with other political subdivisions for joint services or the exchange of services.

(h) The establishment of merit systems, civil service, and retirement systems for all municipal and school employees.

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(i) All matters pertaining to municipal election in such city, including the calling and giving of notice of the date of such elections,. the registration of voters, nominations, the designation of clerks of elections, the form of ballots, balloting, challenging, canvassing and certifying the result, securing the purity of elections, and guarding against abuses of the elective franchise.

(j) By adopting a charter in conformity with said foregoing provisions, no city or municipality shall secure any right or authority other than as now provided in existing charters or in existing general laws, to grant any franchise to any electric power company or other public utility; and any restriction or restrictions now contained in any existing charter of any municipality or city, against the grant of rights or franchises to any public utility or against the sale of any property to any public utility without an affirmative vote in favor of the grant of such rights or franchises or in favor of the sale of such property in such manner and amount as now provided in said charters of said cities and municipalities, shall remain in full force and effect regardless of whether or not any charter is adopted, or amended, in conformity with the provisions of this act.

Nothing in this act or in any charter adopted pursuant thereto shall be deemed to affect the rights, powers or authority of any city or municipality with respect to granting franchises to any electric power company or other public utility or with respect to the sale of any property to any public utility; and all restrictions and limitations on such rights, powers and authority now contained in the charter of said city or municipality or in general laws applicable thereto shall remain in full force and effect as if this act had not been enacted.

Section 5. Any municipality may come under the provisions of this act and retain its present corporate charter instead of having a new charter framed if the legislative body of the city submits to the voters the question: "Shall this city come under the provisions of the Municipal Home Rule Law of 1947 and retain its present charter with the right to amend the same under the terms of said act?" and if a majority of those participating at such election vote in the affirmative upon such question. If a .petition signed by twenty-five per cent (25%) of the voters of the city prepared in the manner as set forth in sub-paragraph (b) of section 4 is filed asking for the submission of the said question, it shall be mandatory upon the legislative authority to call an election therefor. Such election in either case shall be called and held in the same manner and under the same provisions as set forth in sub-paragraph (b) of paragraph 3 of this act, except that no charter commission shall be elected. If a majority of the voters participating in such election favor the affirmative, such city shall have the power to amend its charter in the manner set forth in section 3 hereof, and it shall also have all of the powers granted under section 4 hereof.

Section 6. Any municipality of this State, pending such time as it may freme and adopt its own charter pursuant to the foregoing provisions of this act, or elect to come under this act and retain its present charter, may exercise in addition to those which it may now have, all of the following powers:

(a) To establish and provide for municipal offices, agencies, employees; to define the powers, duties and qualifications thereof, and to fix the compensation, term or tenure of all municipal officers, agents and employees; and to construct, maintain and operate waterworks and sewerage systems; provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation.

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(b) To levy taxes for all municipal functions within the limits fixed in its charter, and to levy reasonable license, privilege and occupation taxes on business carried on within the corporate limits of such municipality.

(c) To incur indebtedness for proper legal purposes by the issuance of bonds or notes, and to issue revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities in the manner and subject to the limitations prescribed by the Constitution and Laws of Georgia.

(d) To establish, maintain and operate hospitals and clinics for the reception and treatment of charitable and pay patients.

(e) To establish, maintain and operate public parks, swimming pools, golf courses, recreation grounds, airfields and airports.

Section 7. Any officer or member of the governing body 'of any municipality who is elected by vote of the people shall be subject to removal during their respective terms of office in the following manner:

(a) Whenever twenty-five per cent (25%) of the voters eligible to participation in the last preceding general election shall so request in a petition filed in the office of the city clerk or the official having charge of elections, a special election shall be called and held within sixty (60) days from the date of filing of such petition on the subject only of the recall and non-recall of such official. It shall be the duty of such official having charge of elections to check the names of said list and report to the city governing body the number of registered voters thereon, in order to determine if the required number have signed the said petition. This report shall be submitted to the governing body with the petition at the next meeting held more than five (5) days after the filing of such petition. When so reported with the required certificate attached, the governing body shall order an election to be held not less than thirty (30) or more than sixty (60) days from the time of filing of such petition with the clerk or other official having charge of elections. Such election shall be held under the same rules and regulations as govern regular city elections. At this election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks:

For the recall of. ....................., holding the office of. .................. Against the recall of. ................., holding the office of. . . . . . . . . . . . . . . . . . . .

(b) A meeting of the general council or other governing body shall be called and held within five (5) days after such election is held for the purpose of can vassing the votes and determining and declaring the result thereof. If two-thirds of the total number of voters eligible to participate in the election vote in favor of the recall of the official, his office shall be declared immediately vacant and the vacancy shall be filled in the same manner as if the vacancy had been caused by the resignation of such official, but if two-thirds of the total number of voters eligible to participate in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall he held so far as such official is concerned for a period of one year.
I
Section 8. It is the intention of this act to provide for a uniform system of municipal government by the municipalities of Georgia in all local or municipal matters therein, in pursuance of section I of article XV of the State Constitution,

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approved August 7, 1945, and the enumeration herein of certain powers shall not be construed as denying to such municipalities and the people therein any right or power essential or proper to the full exercise of such rights, or which they may now have by virtue of the Constitution and General Laws of this State. Nothing contained in this act shall be construed to authorize any municipalities of Georgia to alter, extend or enlarge the corporate limits of such municipalities unless such authority is specifically provided for in the present charter of such municipality of the General Law of the State of Georgia.

Section 9. This act shall not become effective as to the municipalities located within any county of this State until the General Assembly shall by act or resolution declare that it is made so effective.

Section 10. This act is hereby declared to be immediately effective as to the municipalities that are now or which may hereafter be located in each of the following counties, to wit: Appling, Atkinson, Bacon, Baldwin, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Brooks, Bulloch. Burke, Butts, Calhoun, Camden, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Cherokee, Clarke, Clay, Clayton, Clinch, Cobb, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, DeKalb, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Haralson, Harris, Hart, Heard, Henry, Houston, Jackson, Jasper, Jefferson, Jenkins, Jones, Lamar, Lanier, Lee, Lincoln, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, Meriwether, Mitchell, Monroe, Morgan, Murray, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pike, Polk, Putnam, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Stephens, Stewart, Sumter, Talbot, Taliaferro, Taylor, Terrell, Thomas, Tift, Toombs, Towns, Turner, Union, Upson, Walton, Ware, Warren, Washington, Wayne, White, Whitfield and Wilcox.

Section 11. If any part or parts of this act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portion of this act. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.

Section 12. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed.

The Committee on Special Judiciary offered the following amendment:

Amend the substitute to HB 2, subsection (j) of section 4 as follows: By adding to said subsection (j) the following: Nothing in this act or in any charter adopted pursuant thereto shall be deemed to affect the rights, powers or authority of any city or municipality with respect to granting franchises to any electric power company or other public utility or with respect to the sale of any property to any public utility; and all restrictions and limitations on such rights, ,POWers and authority now contained in the charter of said city or municipality or in general laws applicable thereto shall remain in full force and effect as if this act had not been enacted.

The amendment was adopted.

Senator Yales of the 44th offered the following amendment:

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Amend the substitute of HB 2, section 10 so as to include Walker County.

The amendment was adopted.

Senator Weaver of the 51st moved that the Senate suspend consideration of HB 2 at this time and that it be made a continuing order of business for Monday, March 10, 1947.
The motion prevailed.

Senator Woodall of the 25th asked unanimous consent that the following hilt of the House, unfavorably reported by the Committee on Special Judiciary, be recommitted to the committee:

HB 29. By Mr. McCracken of Jefferson:
A bill to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.
The consent was granted.

Senator Weaver of the 51st asked unanimous consent, that when the Senate adjourn today, it stand adjourned until 11 o'clock Monday morning, and the consent was granted.

Senator Weaver of the 51st moved that the Senate do now adjourn, and the motion prevailed.

The president pro tE;mpore announced the Senate adjourned until Monday morning at 11 o'clock.

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Senate Chamber, Atlanta, Georgia. Monday, March 10, 1947.

The Senate met pursuant to adjournment this morning at 11 o'clock and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of Thursday's proceedings had been examined and found correct.

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

The rules committee set the following as the order of business for today:

1. Introduction of hills and resolutions. 2. First reading and reference of hills and resolutions. 3. Reports of standing committees. 4. Second reading of hills and resolutions previously reported favorably for passage. 5. Third reading and passage of local House and Senate hills.

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6. Putting all third reading General House and Senate bills as provided in the following calendar:

I. House Bill No. 2-Home Rule. 2. Senate Bill No. 109 by Senators Wideman of the 46th and Woodall of the 25th. 3. House Resolution 28103 B by Mr. Bloodworth of Houston.
Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and recommitted:

HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a compensating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.
The consent was granted.

Senator Williams of the 31st moved that the following bill of the Senate be taken from the table:
SB 88. By Senators Williams of the 31st, Arnold of the 50th and Logan of the 33rd:
A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle by any person without a written bill of sale conveying title and possession; to provide that all bills of sale conveying title and possession; to provide that all bills of sale and transfers given or received under the provisions of this act shall be recorded in the office of the clerk of the Superior Court in the county where the purchase is made at the time of such sale or transfer; to provide that any person selling, conveying or transferring possession, buying or receiving transfer of a motor vehicle without a written bill of sale from the seller to the purchaser, shall be guilty of a misdemeanor and upon conviction be punished as for a misdemeanor; and for other purposes.
The motion prevailed, and the bill was placed at the foot of the calendar.
Senator Knox of the 29th asked unanimous consent that the following bills of the Senate be taken from the table and rereferred to the Committee on Military and Veterans Affairs:
SB8. By Senator Sams of the 26th:
A bill to prescribe the duties, powers and jurisdiction of the State Department of Veterans Service; to fix the compensation of the members of the Veterans Service Board; to provide for the selection, fix the compensation and prescribe the duties and powers of the director thereof; to repeal an act approved March 8, 1945, establishing a Department of Veterans Service; to declare the legislative policy with respect to veterans; and for other purposes.

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SB9. By Senator Sams of the 26th:
A bill to establish a Veterans Educational Council, to provide for the selection of the members, fix their terms of office and provide for their compensation; to provide, define the duties and fix the compensation of a director of veterans education and other employees of the council; to transfer certain powers and duties heretofore exercised by the Department of Veterans Service; to provide for cooperation with other agencies; to define the relationship thereto of local school authorities; to declare the legislative policy with respect to education of veterans; and for other purposes.
The consent was granted.

Senator Millican of the 52nd moved that the Senate agree to the following amendment of the House to SB 68:
Messrs. McMillan and Moye of Washington move to amend SB 68 by striking therefrom section 2 in its entirety and substituting in lieu thereaf a new section to be numbered 2 and to read as follows:
"Be it further enacted, that where any county, municipality, or other political sub division of this state, shall have outstanding a bonded indebtedness issued prior to the Constitution of 1945, and where such bonded indebtedness has matured, or is about to mature, and such county, municipality or political subdivision has not the funds available to meet the payment of said indebtedness, through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds, the authorities of such county, municipality, or political subdivision may apply to such refunding bond commission, in which application it shall set forth all the facts, that is to say, the amount of outstanding bonds matured, or about to mature, the rate of interest such bonds are bearing, the amount, if any, of funds on hand for the payment of such bonds, and the amount necessary to take up and redeem such bonds. Said application shall set forth also the total bonded indebtedness of such county, municipal corporation, or other political subdivision, and the amount of taxable property in said political subdivision, and the amount of bonds proposed to be issued, the rate of interest said bonds are to bear, the maturities of said bonds and such other information as may be reasonable and proper."
Messrs. McMillan and Moye move to amend the caption of SB 68" by adding after the words "required taxes"; and before the words "and to" in line 8 of said caption the words "or through failure to maintain the required sinking fund for such bonds."
The motion prevailed and the amendment was agreed to.

Senator Millican of the 52nd moved that the Senate agree. to the following amendment of the House to SB 36:
By Mr. Causey of Bacon:
Amend SB 36 by striking the words "Home Loan Owners Corp." and inserting in lieu thereof wherever the same appears in said bill the words "Home Owners Loan Corporation."
The motion prevailed and the amendment was agreed to.

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391

Senator Millican of the 52nd asked unanimous consent that the Senate reconsider its action in the passage of the following bill of the House:

HB 252. By Mr. Gary of Quitman:
A bill to create .the office of Commissioner of Roads and Revenues in and for the county of Quitman; to define powers and jurisdiction and to prescribe duties therefor; to provide for election and appointment of said commissioner; and for other purposes.
The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the Legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution to authorize and direct the Attorney General of Georgia to bring into the Federal Court the proper proceedings to establish a definite fixed boundary line between the states of Georgia and Tennessee in the event the State of Tennessee fails to agree upon the said boundary line the commission heretofore authorized; and for other purposes.

SR 17. By Senator Woodall of the 25th:
A resolution by the Senate, the House concurring, that there be created a special joint committee by the two Houses for the purpose of studying :fire protection and the safeguarding of human lives; and for other purposes.
Under the provisions of SR 17 the Speaker has appointed as a committee on part of the House the following members of the House to wit:
Messrs. McMillan of Washington, Harrison of Jenkins, Smith of Fulton, Smith of Emanuel and Gowen of Glynn.

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SR 25. By Senators Millican of the 52nd and Pannell of the 43rd:
A resolution to appoint a committee from the Senate and House of Representatives for the purpose of investigating the feasibility of acquiring the abandoned right of-way of the Atlanta Northern Railway to be used as an addition to and in the widening of the present state highway that practically parallels said abandoned right-of-way.
The House has adopted by the requisite constitutional majority the following bills and resolutions of the House to wit:

HR 42. By Mr. Heffner of Pickens:
A resolution to authorize the State Librarian to furnish the County of Pickens with three sets of Georgia Reports, Ga. Appeals Reports, Annotated Code of Georgia of 1933; and one set of all legislative bound volumes available as a result of fire which completely destroyed court house of said county.

HR 44. By Messrs. Wells and Joel of Clarke:
A resolution authorizing the State Librarian to furnish to the Superior Court of Clarke County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.

HR62. By Mr. Rowland of Johnson:
A resolution to authorize the State Librarian to furnish to the clerk of the Superior Court of Johnson County the following volumes: Volumes 1 through 70, Georgia Appeals Reports and volumes 1 through 198, Georgia Reports.

HR 65. By Mr. Mathis of Lowndes:
A resolution to authorize and empower the Commissioner of Agriculture to execute and enter into a long term lease contract for the use of certain lands in Valdosta, Lowndes County, Georgia, said property to be used for the erection and operation of a food processing plant; and for other purposes.

HR 77. By Messrs. Smith of Bryan and Johnson and Mallard of Bulloch:
A resolution to authorize the state to survey and establish a true line between the counties of Bulloch and Bryan; and for other purposes.

HR 82. By Messrs. Evitt of Catoosa, Ray of Warren, Elliott of Muscogee and many others:
A resolution to empower and direct the Governor and the chairman of the Public Service Commission to execute on behalf of the state all necessary contracts and agreements with the Federal Government, the army engineers or other proper parties, which may be required in connection with the relocation of the track and right-of-way of the Western & Atlantic Railroad between mile post 36.25 and 41.50 in Bartow County; and for other purposes.

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393

HR 88. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Caswell of Heard and others:

A resolution providing that the director of the Department of State Parks be permitted to purchase the Waco Military Reservation; and for other purposes.

HR 93. By Messrs. Vandiver, Wilson and Kemper of Bibb:
A resolution to request the members from Georgia in the 80th Congress to support the national school lunch act, and instruct them to bring this matter before Congress, in an effort to continue federal financing of school lunch funds; and for other purposes.

HR 95. By Messrs. Smith of Chatham, Covington of Floyd, Overby of Hall, Hand of Mitchell and others:
A resolution to authorize the Governor of Georgia to receive an appropriate memorial commemorating certain deceased members of Hi-Y and Tri-Hi-Y Clubs; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 230. By Messrs. Howard, McWhorter and Hubert of DeKalb, Mann of Rockdale and others.
A bill to amend an act of the General Assembly of Georgia approved August 19, 1918, Georgia Laws 1918, page 390, fixing the salary of the solicitor general of the Stone Mountain Circuit; and for other purposes.

HB 264. By Mr. Leverette of Putnam:
A bill to provide that the county fiscal authorities of Putnam County may fix a salary not to exceed one hundred dollars per month to be paid the sheriff of Putnam County in addition to fees now paid said sheriff; and for other purposes.

HB 268. By Messrs. Smith and Edenfield of Emanuel, Sills of Candler and others:
A bill to amend an act approved March 9, 1945, providing for a salary of $200.00 per month for the official court reporter of the Middle Judicial Circuit; and for other purposes.

HB 338. By Mr. Watford of Long:
A bill to amend an act creating the board of commissioners of roads and revenues of Long County, Georgia; and for other purposes.

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HB 371. By Messrs. Evans, Smith and Skinner of Chatham:

A bill to amend an act approved August 11, 1906, and an act approved August 13, 1924, relating to the police court of the City of Savannah by providing the method of changing punishments or sentences of said court; and for other purposes.

HB 372. By Messrs. Smith, Evans and Skinner 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 of the City of Savannah to enter into contracts for group insurance covering its employees including the right to appropriate sums of money to pay a portion of the premiums thereof; and for other purposes.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto and supplementary thereof incorporating the mayor and aldermen of the City of Savannah in order to create a personnel board in the City of Savannah; and for other purposes.

HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act approved August 16, 1915, incorporating the City of Midville as amended under an act approved March 24, 1937; and for other purposes.

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the establishment of a department of investigation for DeKalb County; for providing the method of appointment for the head of said department; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SB 15. By Senator Millican of the 52nd:
A bill to amend an act of March 20, 1943, known as authorizing and maintammg common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

SB 21. By Senator Millican of the 52nd:
A bill to amend an act approved March 8, 1945, entitled an act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution

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and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc., so as to make the same applicable to street railway companies owning and operating hydro-electric plants; and for other purposes.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A hill to he entitled an act to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by hanks of stocks and investment securities, by inserting therein a new provision as to the purchase of obligations of the Federal Government and its instrumentalities; and for other purposes.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A hill to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of hoards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.

SB.38. By Senators Trippe of the 38th, Gwyn of the 36th, and Adams of the 23rd:
A hill to amend section 13-2001 of the Code of Georgia of 1933, relating to the hoards of directors of hanks, by providing that vacancies occurring in the intervals between elections may he filled by the hoard of directors; and for other purposes.

SB 39. By Senators Trippe of 38th, Gwyn of the 36th and Adams of the 23rd:
A hill to amend section 109-406 of the Code of Georgia of 1933, relating to hoards of directors of hanks which have acquired trust powers, by providing that the directors may appoint an executive committee of three; and for other purposes.

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A hill to amend section 67-103.of the Code of Georgia of 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to he known as section 67-103; and for other purposes.

SB 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the 1st:
A hill to amend section 94-506 of chapter 94-5 of the Code of Georgia of 1933, relating to railroad crossing, by striking from said section 94-506 the following language, to wit: "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast"; and for other purposes.

SB 64. By Senator Grayson of the 1st:
A hill to amend the charter of the mayor and aldermen' of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and aldermen of the City of Savannah to provide by ordinance for the creation of a Savannah River bridge commission; and for other purposes.

396

JOURNAL OF THE SENATE,

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:

A bill to provide for the creation of a refunding bond commission with the power to secure all necessary information, and to approve or disapprove the issuance of bonds for refunding any bonded indebtedness of any county, municipality, or political subdivision; and for other purposes.

SB 76. By Senator Smiley of the 2nd:
A bill to incorporate the City of Lambert; to create a charter therefor; to prescribe the limits of said city; and for other purposes.

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

HB 230. By Messrs. Howard, McWhorter and Hubert of DeKalb, Mann of Rockdale and others:
A bill to amend an act of the General Assembly of Georgia approved August 19, 1918, Georgia Laws 1918, page 390, fixing the salary of the solicitor general of the Stone Mountain Circuit ; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 264. By Mr. Leverette of Putman:
A bill to provide that the county fiscal authorities of Putman County may fix the salary not to exceed one hundred dollars ($100.00) per month to be paid the sheriff of Putman County in addition to fees now paid said sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.
\
HB 268. By Messrs. Smith and Edenfield of Emanuel, Sills of Candler and others:
A bill to amend an act approved March 9, 1945, providing for a salary of $200.00 per month for the official court reporter of the Middle Judicial Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 338. By Mr. Watford of Long:
A blll to amend an act creating the board of commissioner of roads and revenues of Long County, Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, MARCH 10, 1947

397

HB 371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act approved August 11, 1906, and an act approved August 13, 1924, relating to the police court of the City of Savannah by providing the method of changing punishments or sentences of said court; and Jor other purposes.
Referred to Committee on Municipal Government.

HB 372. By Messrs. Smith, Evans and Skinner of Chatham:
A bill tb 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 of the City of Savannah to enter into contracts for group insurance covering its employees including the right to appropriate sums of money to pay a portion of the premiums thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto and supplementary thereof incorporating the mayor and aldermen of the City of Savannah in order to create a personnel board in the City of Savannah; and for other purposes.
Referred to Committee on Municipal Government.

HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act approved August 16, 1915, incorporating the City of Midville as amended under an act approved March 24, 1937; and for other purposes.
Referred to Committee on Municipal Government.

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the establishment of a department of investigation for DeKalb County; for providing the method of appointment for the head of said department; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 42. By Mr. Hefner of Pickens:
A resolution to authorize the State Librarian to furnish the County of Pickens with three sets of Georgia Reports, Georgia Appeals Reports annotated Code of Georgia 1933, and one set of all legislative bound volumes available as a result of fire which completely destroyed court house of said county; and for other purposes.
Referred to Committee on State of Republic.

398

JOURNAL OF THE SENATE,

HR 44. By Messrs. Wells and Joel of Clarke:

A resolution authorizing the State Librarian to furnish to the Superior Court of Clarke County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.
Referred to Committee on State of Republic.

HR 62. By Messrs. Rowland of Johnson:
A resolution to authorize the State Librarian to furnish to ihe clerk of the Superior Court of Johnson County the following volumes: Volume 1 through 70, Georgia Appeals Reports and volumes 1 through 198, Georgia Reports; and for other purposes.
Referred to Committee on State of Republic.
HR 82. By Messrs. Evitt of Catoosa, Ray of Warren, Elliott of Muscogee and others:
A resolution to empower and direct the Governor and the chairman of the Public Service Commission to execute on behalf of the state all necessary contracts and agreements with the federal government, the army engineers or other proper parties, which may be required in connection with the relocation of the track and rightof-way of the Western & Atlantic Railroad between mile post 36.25 and 41.50 in Bartow County; and for other purposes.
Referred to Committee on Western and Atlantic Railroad.
HR 88. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Caswell of Heard and others:
A resolution providing that the director of the department of state parks be permitted to purchase the Waco Military Reservation; and for other purposes.
Referred to Committee on State of Republic.

HR 77. By Messrs. Smith of Bryan and Johnson and Mallard of Bulloch:
A resolution to authorize the state to survey and establish a true line between the counties of Bulloch and Bryan; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 65. By Mr. Mathis of Lowndes:
A resolution to authorize and empower the Commissioner of Agriculture to execute and enter into a long term of contract for the use of certain lands in Valdosta, Lowndes County, Georgia, said property to be used for the erection and operation of a food processing plant; and for other purposes.
Referred to Committee on State of Republic.

MONDAY, MARCH 10, 1947

399

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

SB 110. By Senator Millican of the 52nd:
A bill to amend an act to create a civil service board in cities of 200,000 or more according to population of 1930, or future federal census; and for other purposes.
Referred to Committee on Municipal Government.

SB 111. By Senator Millican of the 52nd:
A bill applicable to cities having more than 250,000 people, providing civil service status and pensions for employees performing duties of firemen, school teachers and other municipal service; to provide that such employees shall receive civil service protection in the matter of seniority rights; and for other purposes.
Referred to Committee on Municipal Government.

SB 112. By Senator Millican of the 52nd:
A bill to provide that all counties in this state having a population of 300,000 or more inhabitants according to the United States census of 1940, or any future United States census, shall have power and authority, by action of the board of commissioners of roads and revenues thereof or other county authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of business in any areas of said counties not embraced within the incorporated limits of municipalities; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 113. By Senator Mason of the 30th:
A bill to amend code sections 32-910, 32-1108 and 32-1010, relating to powers of county boards as school courts; removal of county superintendents of schools; and for other purposes.
Referred to Committee on Education.

SB 114. By Senator Weaver of the 51st:
A bill to amend the corporation law of 1938, by providing that no advertisement of an application for charter of a corporation granted by a Superior Court shall be necessary, nor shall any advertisement he necessary for an amendment or renewal of any such charter, nor for a petition for dissolution of any corporation created by a Superior Court; and for other purposes.
Referred to Committee on General Judiciary.

400

JOURNAL OF THE SENATE,

The president presented to the Senate, Hon. C. R. Vaughn, Rockdale County, former member of the Senate.

Mr. Boone of the 21st District, vice chairman of the Committee on Military and Veterans Affairs, submitted the following report:

Mr. President:
Your Committee on Military and Veterans Affairs has had under consideration the following hills and resolutions of the Senate and House and has instructed me, as vice chairman, to report the same hack to the Senate with the following recommendations:
HR 29. Do Pass. SR 23. Do Pass. HB 46. Do Pass. SB 97. Do Pass.
Respectfully submitted, Boone of 21st District, Vice Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same hack to the Senate with the following recommendations:
HB 305. Do Pass. HB 231. Do Pass. HB 258. Do Pass. HB 259. Do Pass. HB 260. Do Pass. HB 323. Do Pass. HB 380. Do Pass. HB 348. Do Pass. HB 378. Do Pass. SB 89. Do Pass. SB 106. Do Pass. SB 108. Do Pass. HB 275. Do Pass. HR 59-283C. Do Pass.
Respectfully submitted, Hogg of 24th District, Chairman

MONDAY, MARCH 10, 1947

401

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 43. Do Pass.

HB 82. Do Pass.

HB 143. Do Pass.

HB 218. Do Pass.

HB 228. Do Pass.

HB 266. Do Pass.

HB 337. Do Pass.

HB 368. Do Pass.

HB 377. Do Pass.

HB 253. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Millican of the 52nd District, chairman of the Committee on Finance, submitted the following report:

Mr. President:

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

SB 95. Do Pass.

HB 105. Do Pass.

Respectfully submitted,

Millican of 52nd District, Chairman

Mr. Boone of the 21st District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President:
Your Committee on General Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to' report the same back to the Senate with the following recommendations:

tiD2

JOURNAL OF THE SENATE,

HB 55. Do Not Pass. SB 56. Do Not Pass. HB 116. Do Pass. HB 80. Do Pass as amended. SB 87. Do Pass. HB 18. Do Pass as amended.

Respectfully submitted,
Boone of 21st District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 94. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 15. SB 21. SB 37. SB 38. SB 39. SB 41. SB 43. SB 64. SB 76. SR 14. SR 15. SR 17. SR 25.

Respectfully submitted,
Wideman of 46th District, Chairman

MONDAY, MARCH 10, 1947

403

The following resolutions of the House were read and adopted:

HR 93. By Messrs. Smith of Chatham, Covington of Floyd, Overby of Hall and Hand of Mitchell:
A resolution to authorize the Governor of Georgia to receive an appropriate memorial commemorating certain deceased members of Hi-Y and Tri-Hi-Y Clubs; and for other purposes.

HR 95. By Messrs. Vandiver, Wilson and Kemper of Bibb:
A resolution to request members from Georgia in the 80th Congress to support the national school lunch act, and instruct them to bring this matter before Congress, in an effort to continue federal financing of school lunch funds; and for other purposes.
The following bills and resolutions, favorably reported by the committees, were read the second time:

SB 87. By Senator Callaway of the 35th:
A bill to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to provide for the payment of a fee to be charged by clerks of the courts; and for other purposes.

SB 89. By Senator Wells of the 4th:
A bill to provide that in all counties having a population of not less than 5,910 and not more than 6,000, according to 1940 census, the grand juries when electing members of the county board of education shall have the power and authority to select one or more members from any militia district or locality; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more by 1940 United States census, the board of commissioners of roads and revenues, or if there be no such board, then the ordinary or other county authority shall have. the power in its discretion to lease, rent, convey or otherwise dispose of for a period not exceeding ten years any amphitheater, open air shells, auditoriums, or theatrical facilities where the same may thereby be more advantageously used and devoted to the purposes of its construction or erection, upon such terms and conditions as said county authority shall deem proper; and for other purposes.

SB 95. By Senator Logan of the 33rd:
A bill to amend an act known as the motor fuel tax law (Georgia Laws 1937, pp. 167-207) as amended, section 92-1403, by adding a new sub-section (1) to provide for a refund of tax paid on gasoline when used solely for agricultural purposes other than the propulsion of motor vehicles upon the highways; and for other purposes.

404

JOURNAL OF THE SENATE,

SB 97. By Senator Huckeba of the 37th:

A bill relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans' organization and their auxiliaries; and for other purposes.

HB 18. By Mr. Hicks of Floyd:
A bill to provide for the venue of suits and citations for settlement, accounting or removal, against nonresident administrators and executors or guardians appointed by any court of this state; and for other purposes.

HB 43. By Mr. Ramey of Chattooga:
A bill to amend sections 2 and 3 of an act approved September 29, 1891, incorporating the Town of Lyerly in Chattooga County; and for other purposes.
HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to provide that honorably discharged veterans who held posiUons with county or city governments shall not lose seniority on any retirement or pensions plan by virtue of their service in the armed forces; and for other purposes.
HB 80. By Messrs. Smith and Reid of Carroll:
A bill to amend section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section and increasing the fees of the constables of the militia districts; and for other purposes.

HB 82. By Mr. Ray of Warren:
A bill to amend an act incorporating the City of Warrenton, Georgia; and for other purposes.

HB 105. By Messrs. Wells and Joel of Oarke:
A bill to amend paragraph 56A of the gen~ral tax act of 1935 (Ga. Laws 1935, p. 11, 35), imposing the tax or license fee on persons, firms or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions, by empowering the board of county commissioners of each county to regulate and tax such practices, businesses, or professions when located or carried on outside of the corporate limits of any town, municipality or city in the county, etc.; and for other purposes.

HB 116. By Messrs. Mathis and Johnston of Lowndes and others:
A bill to provide for the rank or priority of liens of judgments for damages arising out of a common disaster or occurrence; and for other purposes.

MONDAY, MARCH 10, 1947

405

HB 143. By Messrs. Mathis and Johnston of Lowndes: A hill to amend the charter of the town of Hahira, Georgia; and for other purposes.

HB 218. By Messrs. Johnston and Mathis of Lowndes:
A hill to amend an act to create a system of retirement payments for certain em ployees of the City of Valdosta; and for other purposes.

HB 228. By Messrs. Johnston and Mathis of Lowndes: A hill to amend the charter of the City of Valdosta; and for other purposes.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton: A hill establishing a juvenile court in certain counties; and for other purposes.

SB 106. By Senator Boone of the 21st:
A hill to provide for the holding of four terms each year of Wilkinson Superior Court, to provide for the grand jury terms, to prescribe and fix the time for holding the same; and for other purposes.

SB 108. By Senators Gwyn of the 36th and Huckeba of the 37th:
A hill to amend an act approved August 19, 1918, entitled an act to abolish the fee system now existing in the Superior Courts of the Coweta Judicial Circuit; and for other purposes.

HB 253. By Mr. Beddingfield of Dooly:
A hill to amend an act approved August 18, 1915, contained in Georgia Laws 1913, at pages 899 to 941, inclusively, creating a new charter for the City of Vienna; and for other purposes.

HB 258. By Mr. Chalker of Pulaski:
A bill to amend an act increasing the salary of the clerk of the board of com missioners of roads and revenues of Pulaski County; and for other purposes.

HB 259. By Mr. Chalker of Pulaski:
A bill to repeal an act entitled an act to abolish the office of treasurer of Pulaski County; and for other purposes.

406

JOURNAL OF THE SENATE,

HB 260. By Mr. Chalker of Pulaski:

A bill to provide for the fees of coroner; to provide for pay for jurors in coroner's inquest in counties having a population of not less than 9,827 and not more than 9,832; and for other purposes.

HB 266. By Mr. Kenimer of Harris:
A bill to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery located inside or outside of the corporate limits of the Town of Waverly Hall; and for other purposes.

HB 275. By Mr. Willoughby of Clinch:
A bill to amend an act creating the board of county commissioners of roads and revenues of Clinch County; and for other purposes.

HB 305. By Mr. Battle of Schley:
A bill to amend an act approved March 2, 1943 (Ga. Laws 1943, pp. 1110, 1112) entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.

HB 323. By Mr. Coogle of Macon:
A bill to abolish the office of tax collector and tax receiver in the County of Macon; and for other purposes.

HB 368. By Mr. Witherington of Wilcox: A bill to amend the charter of the City of Abbeville; and for other purposes.

HB 377. By Mr. Ramey of Chattooga:
A bill to amend an act establishing the city court of Chattooga, so as to fix the cost and fees to which the sheriff and clerk shall be entitled; and for other purposes.

HB 378. By Mr. Ramey of Chattooga:
A bill to amend an act to abolish the board of commissioners of roads and revenues of .Chattooga County; and for other purposes.

HB 380. By Mr. Cheek of Franklin:
A bill to amend an act to create a new charter for the City of Carnesville; and for other purposes.

MONDAY, MARCH 10, 1947

407

HR 29. By Mr. Campbell of Newton:

A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the war with Spain; and for other purposes.

HR 59. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the commissioners of roads and revenues of the County of Clinch to contribute an amount not to exceed $7500.00 when a veterans home in Homerville has been completed, if public subscriptions have not fully covered same; and for other purposes.

SR 23. By Senator Wideman of the 46th:
A resolution for the relief of J. C. Dunlap, to be licensed as a dental surgeon; and for other purposes.
The president presented to the Senate, Judge David S. Atkinson, Chatham County, former presiding officer of the Senate.
The following local bills of the Senate and House were read the third time and put upon their passage:
/
SB 98. By Senator Weaver of the 51st:
A bill to amend the charter of the City of Macon to ratify and confirm the ordinance of the mayor and council abandoning and closing that portion of the alley running from Cherry Street to. Park Land lying between lots 6 and 7 in block 63, and confirming sale of the strip of land embracing said abandoned alley to William A. Snow; and for other purposes.
The report 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 104. By Senator,Seay of the 22nd:
A bill to amend an act approved August 22, 1907, Ga. Laws 1907, authorizing the City of Barnesville to maintain a system of public schools by local taxation, etc., as amended August 2, 1923, Ga. Laws 1923, pp. 495497, by striking from said 1907 act section 9 as amended by the 1923 act in its entirety and by inserting in lieu thereof a new section to be numbered as section 9, providing that it shall be the duty of the mayor and council of the City of Barnesville to maintain the public school system, etc.; and for other purposes.

408

JOURNAL OF THE SENATE,

Senator Seay of the 22nd offered the following amendment:

Amend SB 104 by striking from line 16 of section 1 the words "board of trustees" and inserting in lieu thereof the words "city board of education" and by adding after the word "of" and before the word "ten" in line 27 of section 1 of the words "not exceeding" and by adding after the word "mills" and before the word "hereby" in line 38 of section 1 the words "which may be."

The amendment was adopted.

Senator Seay of the 22nd offered the following amendment:
Amend SB 104 by adding between the words "of" and "ten" in line 13 of the caption the words "not to exceed" and by striking from line 16 of the caption the words "board of trustees" and inserting in lieu thereof the words "city board of education".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 246. By Mr. Murphy of Haralson:
A bill to amend an act to incorporate the Town of Bremen, so as to increase the tax levy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 355. By Mr. Murphy of Haralson:
A bill to amend an act relating to public schools in the City of Tallapoosa; and for other purposes.
The report 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.

MONDAY, MARCH 10, 1947

409

HB 356. By Mr. Murphy of Haralson:

A bill to amend an act to incorporate the Town of Bremen; to make assessments for sanitary 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 39, nays 0.

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

HB 357. By Mr. Murphy of Haralson:
A bill to amend an act to incorporate the Town of Bremen, so as to levy an ad valorem 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions; and for other purposes.
Senator Wells of the 4th offered the following amendment:
Amend HB 22 by adding a new section to said bill to be appropriately numbered and to read as follows:
"That the pension provision in the charter of the City of Brunswick be enlarged and expanded to include two additional classes of employees of said City of Brunswick deemed to be eligible to be granted pensions, and the following additional classes of pensions are hereby established:
" (c) Any regular employee of the City of Brunswick who has served well and faithfully for a period of thirty (30) years or more (of which five years' service must have been continuous and immediately before his retirement), shall upon application to said board of pensions, be retired from active service, and said employee shall receive monthly for the balance of his life as a pension, one half of the amount of the average monthly salary or wages paid to him for the three years next prior to time of his_ retirement, provided, however, that such pension shall in no event exceed the sum of one hundred fifty ($150.00) dollars per month. Having served the time required, such employee's retirement and pensioning, if requested by such employee, shall be mandatory upon the board of pensions.

410

JOURNAL OF THE SENATE,

"(d) Any regular employee of the City of Brunswick who shall become totally disabled through, or because of aggravation of an existing physical disability while in the performance of his duty as such employee, may be granted a monthly pension by the said board of pensions for the duration of such total disability in an amount not to exceed one-half of his monthly salary received by him at the time when he has become totally disabled, which in no event is to exceed the sum of one hundred ($100.00) dollars per month; provided, that the total disability of the said employee, and the fact that such disability has been caused by work as an employee of said city aggravating a pre-existing disability, shall be established by evidence satisfactory to the board of pensions. The pensions herein provided for may be granted irrespective of the years or term of service of such employee. Any employee who received compensation under the workmen's compensation laws of the State of Georgia for such disability as herein described, shall not be eligible to receive a pension from the City of Brunswick. Such pension, if granted, shall continue only so long as such employee is totally disabled. The board of pensions shall have the right and power to have such employee examined from time to time, at its discretion, during the continuance of said pension in order t8 determine whether the disability is permanent and total."

The amendment was adopted.

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

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

The bill, having received the requi~ite constitutional majority, was passed as amended.

The following bill of the House was taken up for consideration:
HB 252. By Mr. Gary of Quitman:
A bill to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.
Senator Burke of the 12th offered the following amendment:
Amend HB 252 by striking section 6 and substituting therefor the following:
Said commissioner shall be required to give and devote so much time thereof as may be necessary to the business and interest of said County of Quitman in the performance and discharge of his duties, and shall receive as compensation for his time, the sum of not less than six hundred dollars ($600.00) nor more than twelve hundred ($1200) per annum, the sum to be fixed by the grand jury of said county at the time of the election of said commissioner, which said salary shall not be decreased or increased during his term of office; also $50.00 per month to cover all expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimbursement, for expenses, emoluments, or perquisites whatsoever. The said salary is to be paid monthly or otherwise as such commissioner may elect.
The amendment was adopted.



MONDAY, MARCH 10, 1947

411

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Under a previous motion made March 6 by Senator Weaver of the 51st, the following general bill of the House was taken up for further consideration:

HB 2.

By Messrs. Gowen and Nightingale of Glynn:
A hill to provide for municipal home rule; to establish optional system of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.

Senator Coker of the 39th moved that HB 2 be indefinitely postponed.

On the motion to indefinitely postpone, Senator Millican of the 52nd called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators.:

Boone Bush Coker Darby

Hooks Howard Miller Mitchell

Tarbutton Walker Weaver Wideman

Those voting in the negative were Senators:

Blitch Branch Brown Burks Callaway Daniell Ferguson Griffith Hogg

Huckeba Kiker Killingsworth Logan Millican Overstreet Pannell Parker Richardson

Sumner Tippins Trippe Wells Williams Woodall Yares

Not voting were Senators Adams, Arnold, Baker, Butler, Carswell, Dorsey, Gwyn, Hodges, Kennon, Knox, Mason, Odom, Ramsey, Sams, Seay and Smiley.
On the motion to indefinitely postpone HB 2 the ayes were 12, nays 25, and the motion was lost.
The hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until tomorrow at 10 o'clock.



412

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, March 11, 1947.

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

Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey

Ferguson Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell

Overstreet Pannell Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Millican of the 52nd asked unanimous consent that the Senate continue the order of business under the rules of the committee as set out in yesterday's proceedings.
The consent was granted.

In addition to the calendar already set by the Rules Committee on Monday, March 10, the following bills have been added to the calendar in the regular order:
SB 87. SB 95. SB 97. SB 88.

The regular order of business will prevail as shown on the calendar set by the Rules Committee on March 10.

TUESDAY, MARCH 11, 1947

413

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

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

SB 34. By Senator Millican of the 52nd:
A bill to amend an act approved March 16, 1939, entitled an act to provide that counties having a population of more than two hundred thousand (200,000) by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to super numeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.

SB 35. By Senator Millican of the 52nd:
A bill 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 of Fulton County to establish a pension fund; and for other purposes.

SB 23. By Senator Millican of the 52nd:
A bill to amend an act entitled an act to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit; and the acts amendatory thereof; and for other purposes.

SB 80. By Senator Millican of the 52nd:
A bill to amend act of 1937 pertaining to garbage disposal act in counties of 200,000 or more according to 1930 or any future U. S. census; and for other purposes.

HB 204. By Messrs. McMillan of Washington, Smith of Carroll, Walker of Ben Hill and others:
A bill to repeal in its entirety the act approved February 1, 1946, 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 boards of education; to re-establish as subdivisions of the county school districts all local school districts; and for other purposes.

414

JOURNAL OF THE SENATE,

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

Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SB 47. By Senator Millican of the 52nd:
A hill to amend title 36 Code of 1933 by addi'ng a prov1s10n for condemnation municipalities and counties of more than 250,000, according to last or future federal census; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has agreed to Senate amendments to the following bills of the House to wit:
HB 28. By Mr. McCracken of Jefferson: A hill to authorize and empower county hoards of education to condemn private property for public school purposes; and for other purposes.
HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts: A hill 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; and for other purposes.
HB 99. By Messrs. Holhroo~ of Forsyth, Garrison of Habersham and Yawn of Dodge: A hill providing for the sale and use of drugs of the sulfaniliamide group for use in the control of livestock and poultry diseases; and for other purposes.

The following hills of the Senate were introduced, read the first time and referred to the committees:
SB 115. By Senator Millican of the 52nd:
A hill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, so as to fix base salary for the personnel director at not less than $5,000.00; and for other purposes. Referred to Committee on Municipal Government.

TUESDAY, MARCH 11, 1947

415

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Hogg of the 24th, Branch of the 47th, Pannell of the 43rd, Sumner of the lOth, Parker of the 54th, Ferguson of the 13th, Arnold of the 50th, Overstreet of the 18th and Woodall of the 25th:
A bill to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the State Auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.
Referred to Committee on State of Republic.

SB 117. By Senators Kiker of the 41st, Dorsey of the 32nd and Brown of the 19th:
A bill to amend title 92 ("public revenues") division 1 ("sources of revenue"), part IX ("income taxes") of the Code of Georgia of 1933 as amended January 1, 1947, by repealing section 92-3109 (c) and adding a new section 92-3109 relating to deductions from new income; and for other purposes.
Referred to Conimittee on Finance.

SB 118. By Senator Seay of the 22nd:
A bill to amend an act approved December 11, 1871 (acts of 1871-2, page 89) conferring additional powers upon the corporate authorities of the Town of Barnesville; changing the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

SB 119. By Senator Trippe of the 38th:
A bill to amend the charter of the City of Cedartown by providing for annexation of additional territory; and for other purposes. Referred to Committee on Municipal Government.

SB 120. By Senator Millican of the 52nd:
A bill to amend an act to provide cities of 150,000 or more pensions for fire department members; and for other purposes.
Referred to Committee on Municipal Government.

The following bill of the House was read the first time and referred to the conimittee:
HB 204. By Messrs. McMillan of Washington, Smith of Carroll, Moye of Washington, Ellis of Coffee, Vickers of Coffee and others: A bill to repeal in its entirety the act approved February 1, 1946, relating to the powers and duties of county boards of education, to re-establish as subdivisions of the county school districts and all local schools; and for other purposes.
Referred to Committee on Education.
/

416

JOURNAL OF THE SENATE,

The following privileged resolution was read and adopted:

By Senator Wideman of the 46th and Senator Pannell of the 43rd:
BE IT RESOLVED by the Senate that whereas today, March 11, is the birthday of the Senator from the 40th, Senator Tom Mitchell,
AND THAT WHEREAS it is our thought that this distinguished Georgian should be congratulated on this his 70th birthday and that this Senate go on record as wishing him the fortune of celebrating many more such days,
THEREFORE, BE IT RESOLVED by this Senate that he be given the privileges of the floor to explain how to live a life full of rich experiences and to reach a ripe old age,
BE IT RESOLVED that this resolution be placed upon the minutes of the Senate and that a copy hereof be given the Senator from the 40th.
Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 222. Do Pass. HB 382. Do Pass. HB 126. Do Pass.

HB 311. Do Pass. HB 283. Do Pass. HB 112. Do Pass. HB Ill. .Do Pass. HB 230. Do Pass. HR 77. Do Not Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

Mr. Bush of the 8th District, chairman of the Committee on Temperance, submitted the following report:

Mr. Preside~t:

Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 342. Do Pass.

Respectfully submitted,

Bush of 8th District, Chairman

TUESDAY, MARCH 11, 1947

417

Mr. Pannell of the 43rd District, chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 102. Do Pass.

Respectfully submitted,
Pannell of 43rd District, Chairman

Mr. Callaway of the 35th District, chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 21. Do Pass as amended.
Respectfully submitted, Callaway of 35th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following hill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 160. Do Pass.
Respectfully submitted, Darby of 15th District, Chairman

418

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 36.

SB 68.

SB 23.

SB 80.

SB 34.

SB 35.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 98.

SB 104.

Respectfully submitted,

Wideman of 46th District, Chairman

The following resolution was read and adopted:

SR 26. By Senator Darby of the 15th:

A resolution that the proper authorities of the State Board of Corrections be

requested to correct the situation at the prison at Milledgeville recently found by

the Committee on Penal Institutions; and for other purposes.

'

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

SB 102. By Senator Callaway of the 35th:
A bill to amend an act carrying 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, approved January 31, 1946, including therein hospitals operating for non-profit, and defining "institutions of purely public charity"; and for other purposes.

TUESDAY, MARCH 11, 1947

419

HB Ill. By Mr. Wells of Lincoln:

A bill to provide for the appointment by the sheriff of Lincoln County, Georgia, of a deputy sheriff of Lincoln County, Georgia; and for other purposes.

HB 112. By Mr. Wells of Lincoln:
A bill to amend an act approved August 16, 1916, as amended by an act approved March 12, 1941, to provide for the compensation for the treasurer of Lincoln County; and for other purposes.
' HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalh and Smith of Clayton:
A bill to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain Judicial Circuit and the several acts amenda tory thereof by providing that such official court reporter shall retain all fees collected for the transcribing of civil cases; and for other purposes.
HB 222. By Messrs. Caldwell and Groover of Troup:
A bill to increase the fees of coroner's jurors for services in connection with the holding of inquests in counties having a population of not less than 43,875 and not more than 43,885; and for other purposes.

HB 230. By Messrs. Howard, McWhorter and Hubert of DeKalb, Mann of Rockdale and others:
A bill to amend an act approved August 19, 1918, Georgia Laws 1918, page 390, fixing the salary of the solicitor general of the Stone Mountain Circuit; and for other purposes.

HB 283. By Mr. Trulock of Grady:
A bill to amend an act to abolish the offices of tax receiver and tax collector of Grady County; and for other purposes.

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to amend an act so as to provide the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for, other purposes.

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalh:
A hill to authorize the establishment of a department of investigation for DeKalh County; and for other purposes.

420

JOURNAL OF THE SENATE,

HB 21. By Mr. Crowe of Worth:
A bill to make appropriations for the operation of the state government; and for other purposes.

HB 160. By Mr. Addleton of Spalding:
A bill to amend an act entitled an act to revise and consolidate the several acts of the General Assembly granting and amending the charter of the City of Griffin; and for other purposes.

HB 342. By Mr. Wells of Lincoln:

..

A bill to penalize the possession of malt beverages and wine in all counties of the state having a population of not more than 7,044 and not less than 7,040; and for other purposes.

Senator Weaver of the 51st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary, read the second time and recommitted:

SB 114. By Senator Weaver of the 51st:
A bill to amend the corporation law of 1938, by providing that no advertisement of an application for charter of a corporation granted by a Superior Court shall be necessary, nor shall any advertisement be necessary for an amendment or renewal of any such charter, nor for a petition for dissolution of any corporation created by a Superior Court; and for other purposes.
The consent was granted.

Senator Mason of the 30th asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time and recommitted:
SB 113. By Senator Mason of the 30th:
A bill to amend code sections 32-910, 32-1008 and 32-1010, relating to powers of county boards as school courts; removal of county superintendents of schools; and for other purposes.
The consent was granted.
The president pro tempore presented to the Senate, the Georgia American government class, Wesleyan College, Macon, Georgia, with Dr. Florence Janson Sheriff.
Senator Coker of the 39th asked unanimous consent that the following resolution of the Senate be recommitted to the Committee on Public Health, and the consent was granted:

SR 23. By ~enator Wideman of the 46th:
A resolution for the relief of J. C. Dunlap, to be licensed as a dental surgeon; and for other purposes.

TUESDAY, MARCH 11, 1947

421

The following local uncontested hills and resolutions of the Senate and House were read the third time, and put upon their passage:

SB 89. By Senator Wells of the 4th:
A hill to provide that in all counties having a population of not less than 5,910 and not more than 6,000, according to 1940 census, the grand juries when electing members of the county board of education shall have the power and authority to select one or more members from any militia district or locality; 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 36, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 94. By Senator Millican of the 52nd:
A hill to provide that in all counties having a population of 200,000 or more by 1940 United States census, the hoard of commissioners of roads and revenues, or if there is no such hoard, then the ordinary or other county authority shall have the power in its discretion to lease, rent, convey or otherwise dispose of for a period not exceeding ten years any amphitheater, open air shells, auditoriums, or theatrical facilities where the same may thereby he more advantageously used and devoted to the purposes of its construction or erection, upon such terms and conditions as said county authority shall deem proper; 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 42, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 106. By Senator Boone of the 21st:
A bill io provide for the holding of four terms each year of Wilkinson Superior Court, to provide for the grand jury terms to prescribe and fix the time for holding the same; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 44, nays 0. The hill, having received the requisite. constitutional majority, was passed.

422

JOURNAL OF THE SENATE,

SB 108. By Senators Gwyn of the 36th and Huckeba of the 37th:

A bill to amend an act approved August 19, 1918, entitled an act to abolish the fee system now existing in the Superior Courts of the Coweta Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 43. By Mr. Ramey of Chattooga:
A bill to amend section 2 and 3 of an act approved September 29, 1891, incorporating the town of Lyerly in Chattooga 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.

HB 82. By Mr. Ray of Warrenton:
A bill to amend an act incorporating the City of Warrenton, 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 143. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend the charter of the Town af Hahira, Georgia; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 11, 1947

423

HB 218. By Messrs. Johnston and Mathis of Lowndes:

A bill to amend an act creating a system of retirement payments for certain employees of the City of Valdosta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 228. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill establishing a juvenile court in certain counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 253. By Mr. Beddingfield of Dooly:
A bill to amend an act approved August 16, 1915, contained in Georgia Laws 1913, at pages 899 to 941, inclusively, creating a new charter for the City, of Vienna; and for other purposes.
The report 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 258. By Mr. Chalker of Pulaski:
A bill to amend an act increasing the salary of the clerk of the board of commissioners of roads and revenues of Pulaski County; and for other purposes.

424

JOURNAL OF THE SENATE,

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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 259. By Mr. Chalker of Pulaski:
A bill to repeal an act entitled an act to abolish the office of treasurer of Pulaski County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. on the passage of thebill, the ayes were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 260. By Mr. Chalker of Pulaski:
A bill to provide for the fees of coroner; to provide for pay for jurors in coroner's inquest in counties having a population of not less than 9,827 and not more than 9,832; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 266. By Mr. Kenimer of Harris:
A bill to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery located inside or outside- of the corporate limits of the Town of Waverly Hall; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 275. By Mr. Willoughby of Clinch:
A bill to amend an act creating the board of county commissioners of roads and revenues of Clinch County; and for other purposes.

TUESDAY, MARCH 11, 1947

425

The report 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 hill, having received the requisite constitutional majority, was passed.

HB 305. By Mr. Battle of Schley:
A hill to amend an act approved March 2, 1943 (Georgia Laws 1943, pp. 1110, 1112) entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, 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 323. By Mr. Coogle of Macon:
A bill to abolish the office of tax collector and tax receiver in the County of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 337. By Mr. Briscoe of Walton:
A bill to amend the charter of the City of Monroe so as to provide for a police commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 348. By Mr. Ray of Warren:
A bill to amend an act providing for payment of $90.00 per quarter to the clerk of the Superior Court of certain counties for the purpose of hiring a deputy clerk; and for other purposes.

426

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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 368. By Mr. Witherington of Wilcox:
A bill to amend the charter of the City of Abbeville; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 377. By Mr. Ramey of Chattooga:
A bill to amend an act establishing the city court .of Chattooga, so as to fix the cost and fees to which the sheriff and clerk shall be entitled; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 378. By Mr. Ramey of Chattooga:
A bill to amend an act to abolish the board of commissioners of roads and revenues of Chattooga 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 380. By Mr. Cheek of Franklin:
A bill to amend an act to create a new charter for the City of Carnesville; and for other purposes.
The report 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.

TUESDAY, MARCH 11, 1947

427

HR 59. By Mr. Willoughby of Clinch:

A resolution to authorize and direct the comnnss1oners of roads and revenues of the County of Clinch to contribute an amount not to exceed $7500.00 when a veterans' home in Homerville has been completed, if public subscriptions have not fully covered same; and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 51, nays 0.
The resolution, having received the requisite constitutional majority, was passed.

The following general bills of the Senate were read the third time and put upon their passage:
SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to amend an act approved February 1, 1946, Georgia Laws 1946, pp. 206217, being an act to amend chapter 32-9 of the Georgia Code as amended relating to the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political subdivisions for the purpose of issuing bonds to purchase school sites and to build .and equip school houses, etc.; to set up procedure for bond elections, etc.; and for other purposes.

Senator Woodall of the 25th offered the following amendment:
Amend SB 109 on page 2, line 6, by inserting after the word "equipping" the words "enlarging and repairing".
The amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 109 by adding a new section to be known as section 2A and reading as follows: "None of the provisions of this act shall apply on counties in the state having a population of 200,000 or more, according to 1940 or any future federal census."
The amendment was adopted.

428

JOURNAL OF THE SENATE,

Senator Weaver of the 51st offered the following amendment:
Amend SB 109 by adding after section II a new section to be numbered section 2B and numbering subsequent sections appropriately, said new section to read as follows: "Section 2B. This act shall not apply to any public school system covered by article VIII, section X, paragraph 1 of the Constitution."
The amendment was adopted.

Senator Trippe of the 38th offered the following amendment:
Amend SB 109 by adding a new section to be appropriately numbered and to read as follows: "Nothing in this act shall apply to any school system in Polk County."
The amendment was adopted.

Senator Smiley of the 2nd offered the following amendment: Amend SB 109 by providing that the provisions of this act shall no~ apply to the counties of Liberty and Long.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 29, nays 1.
The hill, having received the requisite constitutional majority, was passed as amended.

SB 87. By Senator Callaway of the 35th:
A bill to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to provide to the payment of a fee to be charged by clerks of the courts; and for other purposes.
Senator Hooks of the 16th offered the following amendment:
. Amend SB 87, section 3, by changing the fee $1.00 to SOc.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 31, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 97. By Senator Huckeba of the 37th:
A hill relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for veterans organizations and their auxiliaries; and for other purposes.

TUESDAY, MARCH 11, 1947

429

Senator Bush of the 8th offered the following amendment:
Amend SB 97 by striking the word "shall" wherever it appears in the bill and inserting in lieu thereof the word "may".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 95. By Senator Logan of the 33rd:
A bill to amend an act known as the motor fuel tax law (Georgia Laws 1937, pp. 167-207) as amended, section 92-1403, by adding a new sub section (1) to provide for a refund of tax paid on gasoline when used solely for agricultural purposes other than the propulsion of motor vehicles upon the highways; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
A privileged resolution by Senator Pannell of the 43rd, granting the privilege of the floor to Hon. H. B. Edwards, mayor of Valdosta, a former member of this body, was read and adopted.
The following bill of the House, which was made a continuing order of business yesterday, was taken up for consideration:

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.

The Committee on Special Judiciary offered. the following amendment:
Amend sub-section (J) of section 4 of HB 2 by adding to said sub-section (J) the following:
Nothing in this act or in any charter adopted pursuant thereto shall be deemed to affect the rights, powers or authority of any city or municipality with respect to granting franchises to any electric power company or other public utility or with respect to the sale of any property to any public utility; and all restrictions

430

JOURNAL OF THE SENATE,

and limitations on such rights, powers and authority now contained in the charter of said city or municipality or in general laws applicable thereto shall remain in full force and effect as if this act had not been enacted.

The amendment was adopted.

Senator Weaver of the 51st offered the following amendment:
Amend substitute to HB2 by striking from section 10 thereof the words, "Bibb", and "Houston" and "Twiggs."
The amendment was adopted.

Senator Tarbutton of the 20th offered the following amendment: Amend HB 2, section 10, to leave out Washington County.
The amendment was adopted.

Senator Yates of the 44th offered the following amendment: Amend HB 2, section 10, so as to include Walker County.
The amendment was adopted.

Senator Baker of the 42nd offered the following amendment:
Amend the sub-paragraph, HB 2, by striking from section 10 of said section the word "Floyd".
The amendment was ruled out of order.

Senator Baker of the 42nd offered the following amendment:
Amend HB 2 as follows: Paragraph I by adding the word "Floyd" in section 9A to the counties in said section.
The amendment was adopted.

Senator Millican of the 52nd offered the following amendment:
Amend substitute to HB 2 by striking the word "person" in the second line of sub-section (c) of section 3 and inserting in lieu thereof the words "citizen of the municipality."
The amendment was adopted.

TUESDAY, MARCH 11, 1947

431

Senators Logan of the 33rd and Callaway of the 35th offered the following amendment:

Amend section three by adding thereto a new paragraph to be designated as subsection (L) as follows: Section (L) no municipality shall cause an election to be called and held more often than one time in any year.

The amendment was adopted.

Senator Smiley of the 2nd offered the following amendment:
Amend substitute to HB 2 by adding after everything else at the end of section 10 "Provided the provisions of this act shall not apply to the counties of Liberty and Long or any municipality located in said counties".
The amendment was adopted.

Senator Bush of the 8th offered the following amendment:
Amend the substitute to HB 2 by striking from section 10 of said section the word Seminole.
The amendment was adopted.

Senator Walker of the 45th offered the following amendment:
Amend HB 2 by omitting from the terms of said bill the County of Ben Hill and all municipalities located therein.
The amendment was adopted.
\
Senator Huckeba of the 37th offered the following amendment:
Amend HB 2 by adding at the end of section 10 the following: "and the municipalities of West Point and Hogansville in the County of Troup."
The amendment was adopted.

Senator Pannell of the 43rd offered the following amendment:
Amend HB 2 by amending section 4 by adding thereto after and immediately following subsection (j) a subsection to be numbered subsection (k) and to read as follows:
The amendment was adopted.
(K) The incorporation of adjacent subdivisions and urban areas, other thim political subdivisions, upon a majority of the qualified voters in both the municipality and the subdivision or area so affected, voting in the affirmative. Provided,

432

JOURNAL OF THE SENATE,

however, that an affirmative vote by a majority of the qualified voters of both the municipality and subdivision so affected, computed separately, shall be necessary to the incorporation. Be it further provided that upon a petition signed by twenty-five per cent (25%) of the voters from both the muncipality and subdivision or area so desiring an incorporation, the legislative body of.the municipality and subdivision or area then in force or appointed for said reason, shall call an election upon the matter in the same manner "as prescribed and by the same method as provided under section 4 of this act, for selecting a commission to frame a charter.

Senator Carswell of the 17th offered the following amendment: Amend substitute to HB 2, section 10 by striking therefrom the word "Burke".
The amendment was adopted.

Senator .Hodges of the 27th offered the following amendment: Amend substitute to HB 2 by striking therefrom the word "Oconee" in line 14, section 10. The amendment was adopted.

Senator Burke of the 12th offered the following amendment:
Amend the substitute to HB2 by striking therefrom the word "Stewart" in line 17, section 10.
The amendment was adopted.

Senator Darby of the 15th offered the following amendment: Amend substitute to HB 2, section 10, by striking the word "Toombs" from same.
The amendment was adopted.

Senator Kiker of the 41st offered the following amendment:
Amend substitute to HB 2 by adding Gilmer County in its proper alphabetical sequence in section 10 of said bill.
The amendment was adopted.

Senator Weaver of the 51st offered the following amendment:
Amend substitute to HB 2 by adding at the end of section 11 thereof the following sentence: Provided, nevertheless, that if any municipality in any county .not enumerated in section 10 of this act shall be held to be subject to this act then the entire act shall ipso facto be declared to be null and void and of no effect.
The amendment was adopted.

TUESDAY, MARCH 11, 1947

433

Senator Darby of the 15th offered the following amendment:

Amend substitute to HB 2 by adding at the end of section 10 the following words: "The provisions of this act shall not apply to the City or Town of Vidalia in the County of Toombs."
The amendment was adopted.

Senator Hogg of the 24th offered the following amendment:
Amend paragraph 10 of substitute to HB 2 by eliminating the period following the word "Wilcox" at the end of said paragraph, and substituting a comma there.for; and by adding after the word "Wilcox" in said last line of section 10, the word, "Muscogee".
The 1-mendment was adopted.

Senator Tippins of the 48th offered the following amendment: Amend substitute to HB 2 by striking Wilcox County from said section.
The amendment was adopted.

Senator Coker of the 39th offered the following amendment: Amend substitute to HB 2, section 10, line 6, by leaving out Cherokee.
The amendment was adopted.

Senator Hooks of the 16th offered the following amendment:
Amend substitute to HB 2 by adding another section to read as follows: Nothing contained therein shall pertain to Meriwether County or any municipality therein.
The amendment was adopted.

. Senator Millican of the 52nd offered the following amendment: Amend substitute to HB 2 by adding a new section to be known as section 3a and reading as follows:
Section 3a-In addition to methods provided in section 3 pertammg to towns and cities framing and adopting a charter the following methods may he used by cities located in counties of over 200,000 population, according to 1940 or any future federal census: section 3a

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JOURNAL OF THE SENATE,

(a) The legislative body of the city may by ordinance submit to the voters thereof the question: "Shall a commission consisting of (here insert the names and addresses of seven such voters) he designated to frame a city charter?" If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall he submitted at such electi~n, and if not, then at a special election to he held not less than sixty (60) nor more than ninety (90) days from the passage of such ordinance.
(h) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall he filed with the city clerk, or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, "Shall a commission consisting of (here insert the names and addresses of seven such voters) he designated to frame a city charter?", said governing authority shall submit the same at the next general election if a general election is to he held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The city clerk, or other official in charge of city elections, shall determine the sufficiency of such petition.
(c) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall he filed with the city clerk, or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, "Shall a commission of seven voters he designated by the (here insert the name of the governing authority of the city) to frame a city charter?", said governing authority shall submit the same at the next general election if a general election is to he held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The city clerk, ot other official in charge of city elections, shall determine the sufficiency of such petition.
(d) If a majority of the votes cast on any question submitted pursuant to paragraphs (a), (b), or (c) of this section shall he i~ the affirmative, then the persons designated in such question or pursuant thereto shall constitute a charter commission for the city. If more than one such question receives such a majority, only the one thereof receiving the largesLaffirmative vote shall he deemed to have been adopted. All necessary expenses of the commission in the framing of the charter, including the expense of legal counsel and advice, shall he paid by the city, hut the members of the commission shall receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted.
The amendment was adopted.
The president pro tempore announced that all amendments were applicable to both the substitute and the original hill.
The report of the committee, which was favorable to the passage of the hill by substitute was agreed to, as amended.

TUE~lDAY, MARCH 11, 1947

435

Senator Millican of the 52nd called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Blitch Branch Callaway Carswell Ferguson Griffith Gwyn Hogg Howard

Huckeba Kennon Kiker Killingsworth Knox Logan Millican Overstreet Pannell Parker

Richardson Smiley Sumner Tippins Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Arnold Baker Boone Brown Burks Bush

Butler Coker Darby Hodges Mason Mitchell

Seay Tarbutton Walker Weaver Wideman

Not voting were Senators Daniell, Dorsey, Hooks, Miller, Odom, Ramsey and Wells.

On the passage of the bill, the ayes were 28, nays 17.

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

The following communication was read by the secretary:
The family of Mr. John Howard Candler will ever hold in gr~~;teful remembrance your kindness and, sympathy

HR 28. By Mr. Bloodworth of Houston:
A RESOLUTION
WHEREAS, on the second day of December, 1945, while traveling in an automobile belonging to H. D. Settles, Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor bills and medical bills to each of said parties. The amount incurred by Mrs. Lillian Andrews was $839.00, by Mrs. Robert Sparks $824.00, by Robert Sparks $110.00 and by Bruce Sparks $75.00, and

436

JOURNAL OF THE SENATE,

WHEREAS, such injuries to said parties resulted from the negligence of a state patrolman of the Department of Public Safety, while operating an automobile of the State of Georgia, at an excessive rate of speed, which has been admitted by said state patrolman, while attempting to dodge a hog on said highway, which was crossing the road, said patrolman collided directly into the above named parties crossing the center line of the highway, said parties being on the right side of the road and injuring them as above set forth, said injuries sustained by the above named parties being caused without fault on their part, or on the part of either of them, and

WHEREAS, said automobile belonging to H. D. Settles was damaged in such a manner as to require the same to be repaired at a cost to Mr. Settles of $50.00, and

WHEREAS, no part of said sums have been paid and it is only right and proper that said parties be reimbursed for the expenses incurred on them by reason of said accident caused by the negligence of said patrolman;

NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that there is hereby appropriated the lawful funds of said state in the treasury of the State of Georgia not otherwise appropriated the sum of $893.00 to Mrs. Lillian Andrews, the sum of $824.00 to Mrs. Robert Sparks, the sum of $110.00 to Robert Sparks and $75.00 to Bruce Sparks and the further sum of $50.00 to H. D. Settles, as compensation for the injuries and damage above set forth. All of said parties being citizens of said state and said amounts being payment in full satisfaction of said claims.

The Senate Committee on the State of the Republic amends HR 28-103b by striking the last paragraph beginning with the words, "NOW THEREFORE," and by inserting in lieu thereof a new paragraph reading as follows:

"NOW THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Department of Public Safety is hereby ordered and directed to pay to Mrs. Lillian Andrews the sum of $893.00, to Mrs. Robert Sparks the sum of $824.00, to Robert Sparks the sum of $110.00, to Bruce Sparks the sum of $75.00 and to H. D. Settles the sum of $50.00, as compensation for the injuries and damages above set forth. The payments aforesaid shall be made from the funds available to said department. Said parties being citizens of this state, said amounts when paid are to be in full satisfaction of claims."

The amendment was adopted.

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

amended, was agreed to.



The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Branch Brown

Burks Bush Butler Carswell Coker Daniell

Dorsey Ferguson Griffith Gwyn Hodges Hogg

TUESDAY, MARCH 11, 1947

437

Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason

Millican Mitchell Overstreet Pannell Parker Richardson Seay Smiley Sumner

Tarbutton Trippe Weaver Wideman Williams Woodall Yates

Voting in the negative was Senator Boone.

Not voting were Senators Callaway, Darby, Miller, Odom, Pannell, Ramsey, Sams, Tippins, Walker and Wells.

On the adoption of the resolution, the ayes were 42, nays 1.

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

The following bill of the Senate was read the third time and put upon its passage;
SB 88. By Senators Williams of the 31st, Arnold of the 50th and Logan of the 33rd:
A bill to make it unlawful to sell, convey or to transfer possession at sale of any motor vehicle by any person without a written bill of sale conveying title and possession; to provide that all bills of sale and transfers given or received under the provisions of this act shall be reported in the office of the clerk of the Superior Court in the county where the purchase is made at the time of such sale or transfer; and for other purposes.
Senator Williams of the 31st offered the following amendment:
Amend SB 88 by inserting between the words "court and at" in the third line of section 2 of said act the following:
"In the county where the purchase is made at the time of such sale or transfer." Further amend said act by striking the words "above section" in the second line of section 3, and inserting in lieu thereof the words "this act".
The amendment was adopted.
The hour of adjournment having arrived, SB 88 was carried over as unfinished business untH next day.
The hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.





438

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, March 12, 1947.

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

Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Boone Branch Burks Bush Butler Carswell Daniell Darby Dorsey Ferguson Griffith GW)'n Hodges

Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Overstreet Pannell Parker

Richardson Seay Smiley Sumner Tarbutton Tippins Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.

The Rules Committee set the following as the order of business for today:

l. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

...

3. Reports of standing committees.

4. Putting on second reading of bills and resolutions previously reported favorably for passage.

5. Putting on third reading local bills and general bills of local application.

6. Putting on third reading for final disposal general House and Senate bills in the
roll.owing order:

SB 88. SB 102. HB ll6. HR 29-ll3A. HB 18.

HB 80. HB 105.

WEDNESDAY, MARCH 12, 1947

439

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

SB 121. By Senator Darby of the 15th:
A bill to amend an act creating a new charter for the City of Vidalia in the County of Toombs, approved August 8, 1922, and all amendatory acts, by providing in section 98 a provision restricting the sale of any city real estate by requiring 30 days notice and that the sale be conducted at public auction; to prohibit sale of the Vidalia city hospital except by approval of a majority of voters in a referendum; and for. other purposes.
Referred to Committee on Municipal Government.

SB 122. By Senator Darby of the 15th:
A bill to amend an act creating a new charter for the City of Vidalia, approved August 8, 1922, and all amendatory acts (Georgia Laws 1922, page 1004) to create a city hospital board; and for other purposes.
Referred to Committee on Municipal Government.

SB 123. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several amendatory acts, to extend corporate limits of the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.
1 The following resolutions were read and adopted:

SR 27. By Senator Dorsey of the 32nd:
A resolution commending the United States Forest Service for services rendered in the State of Georgia, and urging continuance and expansion of same; and for other purposes.

SR 28. By Senators Carswell of the 17th and Bush of the 8th:
A resolution that that portion of United States highway No. I which lies within the boundaries of the State of Georgia be designated as Blue Star Drive as a me morial to the brave sons and daughters of this State who served her so valiantly in time of war.

JOURNAL OF THE SENATE,

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:

Your Committee on Education and Public Schools has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 113. Do Pass.

HB 204. Do Pass.

Respectfully submitted,

Woodall of 25th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

Your Committee on Counties and County Matters has had under consideration the fol lowing hills of th~ House and has instructed me, as chairman, to report the same hack
to the Senate with the following recommendations:

HB 221. Do Pass.

HB 261. Do Pass, by substitute.

HB 188. D9 Pass.

HB 190. Do Pass.

HB 264. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Governmt>nt, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following hills of the Senate and House and has instructed me, as chairman, to report the same hack to the 8enate with the following recommendations:

HB 325. Do Pass.

HB 324. Do Pass.

HB 381. Do Pass.

SB 110. Do Pass.

SB 111. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

WEDNESDAY, MARCH 12, 1947

441

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, sub mitted the following report:

Mr. President:
Your Committee on State of Republic has had. under consideration the following bills and resolutions of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 116. Do Pass.

HR 65. Do Pass.

HR 88. Do Pass.

HR 62. Do Pass.

HR 44. Do Pass.

HR 42. Do Pass.

HB 117. Do Not Pass.

Respectfully submitted,

Weaver of 51st District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:

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

HB 75. Do Pass.

HB 125. Do Pass.

HB 8'5. Do Not Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Senator Darby of the 15th asked unanimous consent that the following bill of the House be recommitted to the Committee on Municipal Government:

HB 160. By Mr. Addleton of Spalding:
A bill to amend an act entitled an act to revise and consolidate the several acts of the General Assembly granting and amending the charter of the City of Griffin; and for other purposes.
The consent was granted.

442

JOURNAL OF THE SENATE,

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

SB lll. By Senator Millican of the 52nd:
A bill applicable to cities having more than 250,000 people, providing civil service status and pensions for employees performing duties of firemen, school teachers and other municipal service; to provide that such employees shall receive civil service protection in the matter of seniority rights; and for other purposes.

SB llO. By Senator Millican of the 52nd:
A bill to amend an act to create a civil service board in cities of 200,000 or more according to population of 1930, or future federal census; and for other purposes.

SB ll3. By Senator Mason of the 30th:
A bill to amend code sections 32-910; 32-1008 and 32-1010, relating to {lOWers of county boards as school courts; removal of county superintendents of schools; and for other purposes.

SB ll6. By Senators Millican of the 52nd, Weaver of the 51st, Branch of the 47th, Pannell of the 43rd, Sumner of the lOth, Parker of the 54th, Ferguson of the 13th, Arnold of the 50th, Overstreet of the 18th, and Woodall of the 25th:
A bill to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the State auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.

HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to provide for administration upon the estates of persons who are m1ssmg, and for the probate of the wills of such persons; for the giving of notice of application for administration or probate to such missing persons; and for other purposes.

HB 125. By Mr. Smith of Fulton:
A bill to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport, or athletic contest and to provide punishment therefor; and for other purposes.

HB 204. By ~lessrs. McMillan of Washington, Smith of Carroll, Moye of Washington, Ellis of Coffee, Vickers of Coffee, and others:
A bill to repeal an act relating to the powers and duties of county boards of education; and for other purposes.

WEDNESDAY, MARCH 12, 1947

443

HB 188. By Messrs. Davis and Jenkins of Bartow:

A bill to increase the fees of coroners, jurors summoned by the coroner, and the sheriff's fees, in connection with the holding of an inquest upon a dead body; and for other purposes.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to authorize and provide for the pensioning of the employees of the County of Glynn; and for other purposes.

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to the term of office for the chief of the sanitary department, term of office of city attorney; and for other purposes.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill establishing a new charter for the City of Atlanta; and for other purposes.

HB 381. By Messrs. Cates and Bargeron of Burke: A bill to amend an act incorporating the City of Midville; and for other purposes.

HB 264. By Mr. Leverette of Putnam:
A bill to provide that the county fiscal authorities of Putnam county may fix a salary not to exceed $100.00 per month to be paid the sheriff of Putnam county in addition to fees now paid said sheriff; and for other purposes.

HB 117. By Messrs. Covington, Hicks and Littlejohn of Floyd:
A bill to amend the act approved October 6, 1943 (Georgia Laws Extraordinary Session 1943, page 2), by repealing section 6 (3) of said act relating to the wearing of stripes by convicts and substituting in lieu thereof provisions requiring all male prisoners under the jurisdiction of the State Department of Corrections (except juvenile, first offenders and all persons committed to the George State Training School for Boys) to wear stripes; and for other purposes.

HB 221. By Mr. Etheridge of Baker: A bill to increase the bond of the sheriff of Baker county; and for other purposes.

HB 261. By Mr. Pulliam of Elbert:
A bill to abolish the office of tax receiver and tax collector of Elbert county; and for other purposes.

444

JOURNAL OF THE SENATE,

The president pro tempore recognized in the gallery of the Ninth Grade Mountain View Class, Cobb county, with their teacher, Miss Hill.

HR 42. By Mr. Heffner of Pickens:
A resolution to authorize the State librarian to furnish the County of Pickens with three sets of Georgia Reports, Georgia Appeals Reports; and for other purposes.

HR 44. By Messrs. Wells and Joel of Clarke:
A resolution authorizing the State librarian to furnish the superior court of Clarke county with certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.

HR 62. By Mr. Rowland of Johnson:
A resolution to authorize and direct the State librarian to furnish certain volumes, without cost, to clerk of the superior court of Johnson county; and for other purposes.

HR 65. By Mr. Mathis of Lowndes:
A resolution empowering the commissioner of agriculture to execute and enter into a long term lease contract for the use of certain property of the State farmers market at Valdosta to he used for the erection and operation of a food processing plant; and for other purposes.

HR 88. By Messrs. Smith of Carroll, Reid of Carroll, Murphy of Haralson, and others:
A resolution to authorize and einpower the director of the department of State parks to purchase the Waco military reservation from the U. S. government; and for other purposes.
The following local uncontested bills of the House were read the third time and put upon their passage:

HB 111. By Mr. Wells of Lincoln:
A bill to provide for the appointment by the sheriff of Lincoln county, Georgia, of a deputy sheriff of Lincoln county, Georgia; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 12, 1947
HB 112. By Mr. Wells of Lincoln:
A bill to amend an act approved August 16, 1916, as amended by an act approved March 12, 1941, to provide for the compensation for the treasurer of Lincoln 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.
HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalb and Smith of Clayton:
A bill to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain judicial circuit and the several acts amenda tory thereof by providing that such official court reporter shall retain all fees collected for the transcribing of civil cases; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 222. By Messrs. Caldwell and Groover of Troup:
A bill to increase the fees of coroner's jurors for services in connection with the holding of inquests in counties having a population of not less than 43,875 and not more than 43,885; and for other purposes. 1 The report 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 230. By Messrs. Howard, Hubert and McWhorter of DeKalb, Mann of Rockdale, Campbell of Newton and Smith of Clayton:
A bill to amend an act fixing the salary of the solicitor general of the Stone Mountain 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 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

446

JOURNAL OF THE SENATE,

HB 283. By Mr. Trulock of Grady:

A bill to amend an act to abolish the offices of tax receiver and tax collector of Grady county; and for other purposes.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act so as to provide the department of welfare in certain coun ties may invest funds in real estate for the building of charitable and welfare purposes; and for other purpose~.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 342. By Mr. Wells of Lincoln:
A bill to penalize the possession of malt beverages and wine in all counties !)f the State having a population of not more than 7,044 and not less than 7,040; and for other purposes.
The report 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 382. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the establishment of a department of investigation for DeKalb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays I.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 12, 1947

447

The following bill of the Senate, which was carried over as a continuing order of business yesterday, was taken up for consideration:

SB 8'8. By Senator Williams of the 31st:
A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle without a written bill of sale conveying title and possession; and for other purposes.

Senator Williams of the 31st offered the following substitute:
A bill to make it unlawful to sell, convey, or to transfer possession at sale of any motor vehicle by any per son without a written bill of sale conveying title and possession; to provide that all bills or sale and transfers given or received under the provisions of this act shall be recorded in the office of the clerk of the superior court in the county where the purchase is made at the time of such sale or transfer; to fix the recording fee; to provide that any person selling, conveying, or transferring possession, buying or receiving transfer of a motor vehicle without a written bill of sale from the seller to the purchaser, shall be guilty of a misdemeanor and upon conviction be punished as for a misdemeanor; and for other purposes.
Section l. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that from and after the passage of this act, it shall be unlawful for any person to sell, convey, or transfer possession at a sale of any motor vehicle to another, and for any person to buy, receive or accept transfer of possession at a sale of any motor vehicle from another, where said sale, conveyance or transfer of possession at a sale not accompanied ,by a written bill of sale transferring title of possession.
Section 2. Be it further enacted by the authority aforesaid that all bills of sale given under the provisions of this act and transfers of same shall be recorded in the office of the clerk of the superior court in the county where the purchase is made at the time of the sale, transfer and execution thereof. The clerk shall receive a fee, which shall not exceed fifty cents for recording the bill of sale as herein provided.
Section 3. Be it further enacted by the authority aforesaid that any person, seller or purchaser violating the provision13 of this act shall be guilty of a misdemeanor and upon conviction shall be ~unished as for a misdemeanor.
Section 4. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed.

Senator Wideman of the 46th offered the following amendment: Amend the substitute to SB 88 by striking section 3 of said bill in its entirety.
The amendment was adopted. Senator Millican of the 52nd called for the previous ques'tion and the call was sustained. 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 by substitute as amended, the ayes were 19, nays 16. The bill, having failed to receive the requisite constitutional majority, was lost.

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JOURNAL OF THE SENATE,

Senator Coker of the 39th moved that SB 88 and all amendments thereto be indefinitely postponed, and the motion prevailed.

The following general bills of the Senate and House were read the third time and put upon their passage:
SB 102. By Senator Callaway of the 35th:
An act to amend an act to carry into effect paragraph IV of section I of article Vll of- the Constitution of this State, in reference to the exemption from taxation of certain property therein described, approved January 31, 1946, by including therein hospitals operating for non-profit, and defining "institutions of purely public charity"; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that sub-paragraph (a) of section 1 of an act approved January 31, 1946, relating to property exempt from taxation (Georgia Laws 1946, pages 12-13) be, and the same is hereby amended by adding after the word "charity," occurring in the second line of said sub-paragraph, the words "hospitals not operated for the purpose of private or corporate profit and income"; also by adding after the word "college" in the eighth line of said sub-paragraph, the words "non-profit hospital"; also by adding after the word "colleges" in the eleventh line of said sub-paragraph the words "non-profit hospitals"; also by adding after the word "colleges" in the fourteenth and fifteenth lines of said sub-paragraph, the words "non-profit hospitals"; and also by adding another paragraph at the end of said sub-paragraph (a) as follows:
"The words 'institutions of purely public charity', 'non-profit hospitals', and 'hospitals not operated for the purpose of private or corporate profit and income', shall mean and include such institutions or hospitals which may have incidental income from pay patients, provided such income, if any, is devoted exclusively to the charitable purpose of caring for patients who are unable to pay, and for the purpose of maintaining, operating and improving the facilities of such institutions and hospitals, and not directly or indirectly for distribution to shareholders in corporations owning such property, or to other owners of same", so that said subparagraph (a) of section 1 of said act, as amended, shall read as follows:
i (a) All public property places of religious worship or burial; all institu-
tions of purely public charity; 'hospitals not operated for the purpose of private or corporate profit and income; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of .the net profit from the operation of which can inure to the benefit of any rriv3tP. rerson; all buildings erected for and used as a college, non-profit hospital, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, nonprofit hospitals, incorporated academies or seminaries of learning, providing the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, non-profit hospitals, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for

WEDNESDAY, MARCH 12, 1947

449

the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institutions; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property; farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
The words "institutions of purely public charity", "non-profit hospitals", and "hospitals not operated for the purpose of private or corporate profit and income", shall mean and include such institutions or hospitals which may have incidental income from pay patients, provided such income, if any, is devoted exclusively to the charitable purpose of caring for patients who are unable to pay, and for the purpose of maintaining, operating and improving the facilities of such institutions and hospitals, and not directly or indirectly for distribution to shareholders in corporations owning such property, or to other owners of same.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Blitch Boone Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Griffith Gwyn

Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Logan Mason Millican Mitchell Odom Pannell

Parker Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Weaver Wells Wideman Woodall Yates

Not voting were Senators Arnold, Baker, Branch, Brown, Ferguson, Knox, Miller, Overstreet, Ramsey, Sams, Walker and Williams.

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

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

450

JOURNAL OF THE SENATE,

HB 105. By Messrs. Wells and Joel of Clarke:

A bill to amend paragraph 56A of the general tax act of 1935 (Ga. Laws 1935, pp. 11-35) imposing the tax or license fee on persons, firms, corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions by empowering the board of county commissioners of each county to regulate and tax such practices, businesses, or professions when located or carried on outside of the corporate limits of any town, municipality or city 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 31, nays 0.

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

HB 116. By Messrs. Mathis and Johnston of Lowndes, and others.
A bill to provide for the rank or priority of liens of judgments for damages arising out of a common disaster or occurrence; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 29. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the war with Spain; said roads and routes being a part of the United Spanish War Veterans
Memorial Highway; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Millican of the 52nd moved that the Senate agree to the following amendment of the House to SB 47:
Messrs. Kendrick, Etheridge and Smith of Fulton move that SB 47 be amended as follows:
(a) By striking from said bill section 1, 7, 11, 21 and 24 in their entirety and inserting in lieu thereof the following correspondingly numbered sections.

WEDNESDAY, MARCH 12, 1947

451

"Section I. The terms and provisions of this act shall be applicable to all municipalities and/or counties in the State having a population of more than 250,000 according to the last or any future federal decennial census, and all shall be deemed to be a supplemental plan for the condemnation of property by such cities and counties, and to that extent an amendment to title 36, Code of Georgia, relating to eminent domain. Its provisions shall not apply to any public housing authority."
"Section 7. The court shall also direct service of a copy of said order of citation before the return date of said order upon each of the persons named therein who is, so far as ascertainable by reasonable inquiry, residing or sojourning at the time within the county in which such real property is located. The court shall also require a copy of said order of citation to be mailed by the clerk of the superior court by registered mail, postpaid, to such of the persons named therein as may be shown by said petition or affidavit to be non residents of the county in which such real property is located, such copy to be addressed to such persons at their last known places of residence."
"Section II. The petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that .said lands are thereby taken for the use of the acquiring authority. Said declaration of taking shall contain or have annexed thereto:

(I) A statement of the authority under which and public use for which said lands are taken.

(2) A description of the lands taken sufficient for the identification thereof.

(3) A statement of the estate or interest in said lands taken for said public use.

(4) A plan showing the lands taken and the public work to be effected.

(5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken.

(6) A statement and description of those lands not to be taken against which it is proposed that consequential benefits be assessed.

Upon the filing of said declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration and upon the tentative approval of the court subject to the verdict of the jury and the final judgment of the court of the amount estimated as compensating, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the acquiring authority, and said lands shall be deemed to be condemned and taken for the use of the acquiring authority, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be a.scertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the ju.st compensation awarded, interest at the rate of. 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment. No sum so paid into the registry shall be charged with commissions or poundage.

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JOURNAL OF THE SENATE,

Upon the application of the parties in interest or upon the court's own motion, the court may order that the money deposited in the registry of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands or any parcel thereof shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the acquiring author ity for the amount of the deficiency.
<
Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable."

"Section 21. If the jury finds in favor of the acquiring authority and against the property of any party at interest for consequential benefits or for consequential bene . fits in excess of consequential damages, no judgment shall be rendered against said party in personam but the court shall, subject to its power to set aside or vacate the verdict of the jury, decree such amount as a lien against the property benefited. Such lien may not be enforced until the completion of the proposed public works, but thereafter if the amount of such lien be not paid, on motion of the acquiring authority and on notice to the owner of record and any person in possession of the property the court shall order said lien to be foreclosed and the property sold at public outcry to satisfy said lien. Execution shall issue and be levied and the property sold as in other cases of sheriff's sales except that no deficiency judg. ment shall be rendered against the former owner of said property. The purchasers at such sale shall acquire fee simple title free and clear of all liens except for taxes. Such liens other than taxes will be deemed to be transferred to the excess, if any, of the selling price of the property over the amount of the lien or the acquiring authority."

"Section 24. Payment into the registry of the court for the use of all parties entitled of the sum of money adjudged to be just compensation for the lands to be condemned and taken, or for any parcel thereof, or any interest therein, shall constitute payment of such compensation. Upon such payment, the petitioner shall be entitled to an order declaring that the title to the lands in respect of which such compensation is so paid is vested in the acquiring authority. The money so paid into the registry of the court shall be deemed to be vested in the persons owning or interested in said lands, according to their respective estates and interests, and said money shall take the place and stand in lieu of the lands condemned. The court, upon the application of the petitioner or of any party in interest or on its own motion, shall have power to determine and direct who is entitled to receive payment of the money so paid into the registry, and may, in its discretion, order a reference to an auditor or a special master to ascertain the facts on which such determination and direction are to be made. Exceptions of fact or of law to the report of such auditor may be filed and disposed of as in other cases."

(b) By striking from section 12 the last sentence thereof.

(c) By striking from section 14 the last clause thereof which consists of all words following the semi-colon.

(d) By striking from section 15 the words in the last sentence thereof "whether petitioner or respondent".

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453

(e) By adding to section 20, following the last word thereof and before the period the words "or as consequential damages".

The consent was granted, and the amendment was agreed to.

SB 77. By Senator Millican of the 52nd:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000 according to last census and providing a new pension system for members of police department; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend SB 77 by striking section 2 in its entirety and further amend in section 4 in the third from last line of said sections by striking the figures "40" and inserting in lieu thereof the figures "35" and further amend by renumbering the section in order.
Further amend by striking from subcaption all of lines 11 and 12 and the words in lines 19-20 as follows "Providing for the contribution to the pension fund by such cities."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended:

HB 18. By Mr. Hicks of Floyd:
A bill to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed for service thereof, and to provide for an attorney in fact for service upon such administrators and executors; and for other purposes.
The Committee on General Judiciary offered the following amendments: Amend HB 18 as follows:
1. By adding after the word "person" in line 3 of section one of said act the following: "Or any person a resident of this State who so qualifies and subse quently removes from this State shall,"
2. By amending the caption by adding after the word "State" in line 4 thereof the following: "Or any person a resident of this State who qualifies as adminis trator, executor or guardian and subsequently removes from the State."
The amendments were adopted.

454

JOURNAL OF THE SENATE,

Tht> rt>port of the committee, which was favorable to the passage of the bill, was a~rreed to, as amended.

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

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

HB 80. By Messrs. Smith and Reid of Carroll:
A bill to amend section 24-820 of the Code of Georgia of 1933 by striking the entire ~ection and adding in lieu thereof, a new section and increasing the fees of the constables of the militia districts; and for other purposes.
The Committee on General Judiciary offered the following amendments: Amend HB 8'0 as follows:
1. By adding the words, "and for other purposes" at the end of the caption.
2. By striking from the new section 24-820 of the Code on the second page the words "serving summons attachment $1.00."
3. By striking the words "levying advertisement $1.00" on the third page of said bill and inserting in lieu thereof the words, "levying each distress warrant $2.00," and adding immediately thereafter in the schedule the words, "Each advertise ment $1.00."
The amendments were adopted.
The report of the committt>e, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The hour of adjournment having arrived, the president pro tern announced the Senate adjourned.

THURSDAY, MARCH 13, 1947

455

Senate Chamber, Atlanta, Georgia. Thursday, March 13, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Baker Blitch Boone Branch Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

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

The Committee on Rules adopted the following calendar immediately after the period of unanimous consent:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Putting on second reading hills and resolutions previously reported favorably for passage.

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JOURNAL OF THE SENATE,

5. Putting on third reading local bills and general bills of local application.
6. Putting on third reading for final disposal general House and Senate bills in the following order:
SB 116. SB 113. HR 62-303B. HR 44-207A. HB 125. HR 65-334B. HR 42-203A. HB 75. HR 88-426B. HB 204.

Senator Woodall of the 25th asked unanimous consent that the following bill of the Senate be taken from the table and recommitted to the Committee on Education:

SB 18. By Senators Woodall of the 25th and Millican of the 52nd:
A bill to fix compensation of State Superintendent of Schools at $10,000 per annum, payable monthly, to repeal conflicting laws; and for other purposes. The consent was granted.

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

SB 124. By Senator Mitchell of the. 40th:
A bill to amend paragraph 71, section B, general tax act of 1935, No. 360, Georgia Laws 1935, pp. 42-43, being an act to annually levy and collect a tax for the support of state government and public institutions and imposing a tax or license fee upon every slot machine, punch board, or other device operated, used or kept in this state; and for other purposes.
Referred to Committee on Finance.

SB 125. By Senator Callaway of the 35th:
A bill to amend section 92-3120 of the Ga. Code pertaining to the gain or loss of exchange of property by adding at the end thereof a subsection (g) permitting, in accordance with the same terms set forth in section 112 (b) (6) of the federal internal revenue code, a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss; and for other purposes.
Referred to Committee on State of Republic.

THURSDAY, MARCH 13, 1947

'457

SB 126. By Senator Dean of the 34th:
A bill to amend an act entitled Rockdale commissioner's office created app. Feb ruary 18, 1941 (Ga. Laws-1941, pp. 952-958), by striking the figures "$400.00" as appears in section 8, and substituting in lieu thereof the figures "$800.00", etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 127. By Senator Dean of the 34th:
A bill to amend an act entitled Rockdale tax commissioner created app. February 26, 1943, (Ga. Laws 1943, pp. 1106:1109) by adding to section 3 a provision authorizing a commission of 10% on all taxes collected in excess of 90% of the total taxes, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

The following message was received from the House through Mr. Boone, the clerk thereof.
Mr. President: The House has passed by the requisite constitutional majority the following bills
and resolutions of the House to wit:
HB 176. By Messrs. Ramey of Chattooga, Kenimer of Harris, Stevens of Marion and Lewis of Hancock: A bill to amend chapter 32-9, as amended, relating to the powers and duties of the county boards of education; to repeal conflicting laws; and for other purposes.
HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia: A bill to amend the Code of Georgia relating to organization of boards and directors of insurance companies; and for other purposes.

HB 308. By Messrs. Ray of Warren, Gowen of Glynn:
A bill to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment, and for other purposes.

HB 162. By Messrs. Lewis of Hancock, Harrison of Jenkins, Johnston of Lowndes and many others:
A bill to authorize and empower the State Board of Education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.

458

JOURNAL OF THE SENATE,

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:

A bill to be entitled an act to amend chapter 84-13 of the Code of Georgia by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicine~, drugs, or poisons; and for other purposes.

HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce, Evitt of Catoosa:
A bill to amend code section 42-102 of the Code of Georgia and 42-701 of the Code of Georgia by granting additional powers to the chief drug inspector and by changing the provisions of ihe sale and listings of certain poisons; and for other purposes.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to amend the charter of the Town of Adairsville, in Bartow County, so as to change the corporate limits of said town; and for other purposes.

HB 396. By Messrs. Elliott, Holeman and Shields of Muscogee:
A bill to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain a bus terminal; and for other purposes.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
I
A bill to amend the charter of the City of Valdosta, to provide for the abolition of the offices of mayor and councilmen as heretofore created by legislative enactment; and for other purposes.

HB 319. By Mr. Tuten of Appling:
A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the mayor of the City of Baxley shall serve for a term of two years; and for other purposes.

HB 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; and for other purposes.

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to amend the charter of the City of Griffin, as set forth in an act of the General Assembly, approved July 21, 1921, and acts amendatory thereof, by repealing section 62, and for other purposes.

THURSDAY. MARCH 13, 1947

459

HB 406. By Mr. Yawn of Dodge:
A bill to amend an act which act creates a new charter for the City of Eastman so as to provide that any property which is not returned for taxation to the City of Eastman, or which is grossly undervalued in the return, shall be assessed a penalty; and for other purposes.

HB 413. By Mr. Smith of Clayton:
A bill to amend an act entitled an act to incorporate the town of Forrest Park, to redefine the corporate limits of said town; and for other purposes.

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act of the General Assembly of Georgia, entitled an act to create a new charter of the City of Newnan; and for other purposes.

JIB 433. By Messrs. Adams and Hurt of Polk:
A bill to amend an act entitled an act to establish the city court of Polk County, in the City of Cedartown; and for other purposes.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to amend an act entitled an act to reenact the charter of the City of Macon; and for other purposes.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend the charter of the City of Stone Mountain; and for other purposes.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia, for a period of five years; providing penalties therefor< and for other purposes.
HB 465. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend an act entitled an act to amend the charter of the City of Columbus, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; and for other purposes.
The House has adopted the following resolutions of the House to wit:

HR 100. By Messrs. Covington of Floyd, Hinson and Williams of Ware, Smith of Fulton and Hagan of Screven:
To show Rich's, Inc., of Atlanta, an appreciation for their outstanding contribution for the publicity and development of their interest in the State of Georgia.

460

JOURNAL OF THE SENATE,

HR 101. By Messrs. Walker of Ben Hill, Sills of Candler and others:

That an expression of appreciation of the Joint Committees on Game and Fish and Conservation of the House and Senate be extended t6 the citizens who so graciously contributed to the success and enjoyment of the tour.

HR 103. By Messrs. Conger of Tift and Hinson of Ware:
Requesting the Board of Regents of the University System of Georgia to conduct public hearings in regard to the location of a veterinary college in the southern part of Georgia.

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

SB 65. By Senator Grayson of the 1st:
A bill to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

SB 93. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874; and for other purposes.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to amend the act of 1939 as amended pertaining to pensions for members

of police and fire departments in counties of 200,000 or over by providing for

the transfer from municipal fire and police departments to county fire and police

departments and for other purposes.



HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to authorize every insurance company organized and doing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent of its total assets; and for other purposes.

HB 174. By Mr. Mathews of Peach:
A bill to amend section 1131019 of the Georgia Code of 1933 relating to a petition and order for division and appointment of appraisers to divide property in kind; and for other purposes.

THURSDAY, MARCH 13, 1947

461

HB 182. By Mr. Mathews of Peach:

A bill to amend chapter 113-10 of the Code of 1933 relating to distribution, advancement and year's support by adding thereto a new section; and for other purposes.

HB 175. By Mr. Mathews of Peach:
A hill to be entitled an act to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.

HB 242. By Messrs. Smith of Emanuel, Ray of Warren and others:
A hill to he entitled an act relating to the /rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and for other purposes.

HB 310. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A hill to amend an act approved August 20, 1913, acts 1913, page 145, creating the municipal court of Atlanta; to provide for jurisdiction as to subject matter; to provide for the costs to be charged and collected in said court; and for other purposes.

HB 444. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A hill to amend the charter of the Town of Doraville in the County of DeKalb; and for other purposes.
The House has disagreed to Senate substitute and amendments to the following hill of the House, to wit:

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A hill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; and for other purposes.

The following bills of the House were read the first time and referred to committees:
HB 162. By Messrs. Lewis of Hancock, Harrison of Jenkins, Johnston of Lowndes; and many others:
A hill to authorize and empower the State Board of Education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE,

HB 174. By Mr. Mathews of Peach:

A hill to amend section ll31019 of the Georgia Code of 1933 relating to a petition and order for division and appointment of appraisers to divide property in kind; and for other purposes.

Referred to Committee on General Judiciary.

HB 175. By Mr. Mathews of Peach:
A hill to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.
Referred to Committee on General Judiciary.

HB 176. By Messrs. Ramey of Chattooga, Kenimer of Harris, Stevens of Marion and Lewis of Hancock:
A hill to amend chapter 32-9, as amended, relating to the powers and duties of the county boards of education; to repeal conflicting laws; and for other purposes.
Referred to Committee on Education.

HB 182. By Mr. Mathews of Peach:
A bill to amend chapter ll3-10 of the Code of 1933 relating to distribution, advancement and year's support by adding thereto a new section; and for other purposes.
Referred to Committee on General Judiciary.

HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to amend code section 42-102 of the Code of Georgia and 42-701 of the Code of Georgia by granting additional powers to the chief drug inspector and by changing the provisions of the sale and listings of certain poisons; and for other purposes.
Referred to Committee on Public Health.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A hill to amend chapter 84-13 of the Code of Georgia by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poisons; and for other purposes.
Referred to Committee on Public Health.

THURSDAY. MARCH 13, 1947

463

HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia:

A hill to authorize every insurance company organized and doing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same; the invests in such property not to exceed five per cent of its total assets; and for other purposes.

Referred to Committee on Public Health.

HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A hill to amend the Code of Georgia relating to organization of boards and directors of insurance companies; and for other purposes.
Referred to Committee on Insurance.

HB 242. By Messrs. Smith of Emanuel, Ray of Warren and others:
A hill relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and for other purposes.
Referred to Committee on Insurance.

HB 308. By Messrs. Ray of Warren, Gowen of Glynn:
A bill to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment; and for other purposes.
Referred to Committee on Special Judiciary.

HB 310. By Messrs. Smith of Emanuel, Ray of Warren and others:
A bill to amend an act approved August 20, 1913, acts 1913, page 145, creating the municipal court of Atlanta; to provide for jurisdiction as to subject matter; to provide for the costs to he charged and collected in said court; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; to provide for the abolition of the offices of mayor and councilmen as heretofore created by legislative enactment; and for other purposes.
Referred to Committee on Municipal Government.

464

JOURNAL OF THE SENATE,

HB 319. By Mr. Tuten of Appling:

A bill to amend an act creating a new charter for the City of Baxley so as to provide that the mayor of the City of Baxley shall serve for a term of two years; and for other purposes.
Referred to Committee on Municipal Government.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the act of 1939 as amended pertaining to pensions for members of police and fire departments in counties of 200,000 or over by providing for the transfer from municipal fire and police departments to county fire and police departments; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to amend the charter of the City of Griffin, as set forth in an act of the General Assembly, approved July 21, 1921, and acts amendatory thereof, by repealing section 62; and for other purposes.
Referred to Committee on Municipal Government.

HB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain a bus terminal; and for other purposes.
Referred to Committee on Municipal Government.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to amend the charter of the Town of Adairsville, in Bartow County, so as to change the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, MARCH 13, 1947

465

HB 406. By Mr. Yawn of Dodge:

A bill to amend an act which act creates a new charter for the City of Eastman so as to provide that any property which is not returned for taxation to the City of Eastman, or which is grossly underialued in the return, shall be assessed a penalty; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 413. By Mr. Smith of Clayton:
A bill to amend an act entitled an act to incorporate the town of Forrest Park, to redefine the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act of the General Assembfy of Georgia, entitled an act to create a new charter for the City of Newnan; and for other purposes. Referred to Committee on Municipal Government.

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to amend an act entitled an act to establish the city court of Polk County, in the City of Cedartown; and for other purposes.
Referred to Committee on Municipal Government.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to amend an act entitled an act to reenact the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

HB 444. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend the charter of the Town of Doraville in the County of DeKalb; and for other purposes. Referred to Committee on Counties and County Matters.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend the charter of the City of Stone Mountain; and for other purposes.
Referred. to Committee on Counties and County Matters.

JOURNAL OF THE SENATE,
HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner: A bill to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia, for a period of five years; providing penalties therefor; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 465. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill amending an act entitled an act to amend the charter of the City of Columbus so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; and for other purposes.
Referred to Co~mittee on Counties and County Matters.

The following resolution of the House was read and adopted:
HR 101. By Messrs. Walker of Ben Hill, Sills of Candler and others: A resolution that an expression of appreciation of the joint Committees on Game and Fish and Conservation, of the House and Senate be extended to the citizens who so graciously contributed to the success and enjoyment of the tour.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 65. SB 93. SB 47.

Respectfully submitted,
Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 77. SB 102. SR 27. SR 28.

Respectfully submitted,
Wideman of 46th District, Chairman

THURSDAY. MARCH 13, 1947

467

Mr. Sumner of the lOth District chairman of the Committee on Public Health, submitted the following report:

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

SR 23. Do Pass.

Respectfully submitted,

Sumner of lOth District,



Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

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

SB 123. Do Pass.

SB 122. Do Pass.

SB 121. Do Pass.

SB 115. Do Pass.

SB 118. Do Pass.

SB 119. Do Pass.

SB 120. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

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

SB 115. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, so as to fix base salary for the personnel director at not less , than $5,000.00; and for other purposes.

SB 118. By Senator Seay of the 22nd:
A bill to amend an act approved December 11, 1971 (acts of 1871-2, page 89) conferring additional powers upon the corporate authorities of the Town of Barnesville; changing the corporate limits of said city; and for other purposes.

468

JOURNAL OF THE SENATE,

SB 119. By Senator Trippe of the 38th:
A bill to amend the charter of the City of Cedartown by providing for annexation of additional territory; and for other purposes.

SB 120. By Senator Millican of the 52nd:
A bill to amend an act to provide cities of 150,000 or more pensions for fire department members; and for other purposes.

SB 121. By Senator Darby of the 15th:
A bill to amend an act creating a new charter for the City of Vidalia in the County of Toombs, approved August 8, 1922, and all amendatory acts, by providing in section 98 a provision restricting the sale of any city real estate by requiring 30 days notice and that the sale be conducted at public auction; to prohibit sale of the Vidalia City Hospital except by approval of a majority of voters in a referendum; and for other purposes.

SB 122. By Senator Darby of the 15th:
A bill to amend an act creating a new charter fop the City of Vidalia, approved August 8, 1922, and all amendatory acts (Georgia Laws 1922, page 1004) to create a city hospital board; and for other purposes.

SB 123. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several amendl!tory acts, to extend corporate limits of the City of Atlanta; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 110. By Senator Millican of the 52nd:
A bill to create a civil service board in cities of 200,000 or more, according to population of 1930, or future federal census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 111. By Senator Millican of the 52nd:
A bill applicable to cities having more than 250,000 people, providing civil service status and pensions for employees performing duties of firemen, school teachers and other municipal service; to provide that such employees shall receive civil service protection in the matter of seniority rights; and for other purposes.

THURSDAY, MARCH 13, 1947

469

The report 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 188. By Messrs. Davis and Jenkins of Bartow:
A bill to increase the fees of coroners, jurors summoned by the coroner, and the sheriffs fees, in connection with the holding of an inquest upon a dead body; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to authorize and provide for the pensioning of the employees of the County of Glynn; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 221. By Mr. Etheridge of Baker: A bill to increase the bond of the sheriff of Baker 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.

HB 261. By Mr. Pulliam of Elbert:
A bill to abolish the office of tax receiver and tax collector of Elbert County; and for other purposes.

470

JOURNAL OF THE SENATE,

Senator Mason of the 30th offered the following substitute:

A BILL
To be entitled an act to amend an act approved August 7, 1925 (acts of 1925, page 640) , entitled an act to abolish the office of tax receiver and tax collector of Elbert County, Georgia; to create the office of tax commissioner; and for other purposes; by amending said acts to fix the compensation of said tax cornmissioner and tax commissioner's office.

SECTION I
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, that the act approved August 7, 1925 (acts of 1925, page 640), entitled an act to abolish the office of tax receiver and tax collector of Elbert County, Georgia; to create the office of tax commissioner to fix the term and compensation of said office; and for other purposes, be and the same is hereby amended by striking all of section 5 of said act which prescribes the compensation of the tax commissioner of Elbert County, Georgia, and inserting in lieu thereof a new section to be numbered section 5 and to read as follows:
"Section 5. Be it further enacted by the authority aforesaid that the compensation of the county tax commissioner of Elbert County, Georgia, shall be the sum of $4500 per annum to be paid as nearly monthly as possible, and said compensation shall be in lieu of any and all other compensation, fees, emoluments pertaining or allowed to said tax commissioner."

SECTION II
Said tax commissioner shall have authority to employ clerical help and shall be allowed the sum of not more than $1800 per year for this purpose.

SECTION III This act shall become effective as of January 1, 1949.

SECTION IV
All laws and parts of laws in conflict with the act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill was agreed to, by substitute.
On t\te passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, MARCH 13, 1947

471

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act incorporating the City of Midville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills and resolutions were read the third time and put upon their passage:
SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Branch of the 47th, Pannell of the 43rd, Sumner of the lOth, Parker of the 54th, Ferguson of the 13th, Arnold of the 50th, Overstreet of the 18th and Woodall of the 25th:
A bill to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the State Auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 113. By Senator Mason of the 31st:
A bill to amend code section 32-910, 32-1008 and 32-1010, relating to powers of county boards as school courts; removal of county superintendents of schools; examination and suspension of teachers and the rights of appeals therefrom; and for other purposes.

472

JOURNAL OF THE SENATE,

Senator Weaver of the 51st offered the following amendment:

Amend SB 113 by adding thereto a new section to be known as section 3a which

shall read as follows:

"-

Section 3a. The provisions of this act shall not apply to any public school svstem established prior to the adoption of the constitution of 1877.

The amendment was adopted.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HR 62. By Mr. Rowland of Johnson:
A resolution to authorize the State Librarian to furnish to the clerk of the Superior Court of Johnson County the following volumes: Volume 1 through 70, Georgia appeals, reports and volumes 1 through 198, Georgia reports; and for other purposes.

Senat9r Weaver of the 51st offered the following amendment:

Amend HR 62 by adding a new paragraph at the end of same which shall read as follows: If for any reason the State Librarian can not furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same.

The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution was agreed to, as amended.
On the adoption of the resolution, a roll call was ordered and the vote was as follows:

Those voting in the aifirmative were Senators:

Adams Arnold Baker Blitch Boone Burks Bush Butler Callaway Coker Daniell Dorsey Ferguson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kiker Knox Logan Mason Miller Millican

Mitchell Richardson Seay Smiley Sumner Tarbutton Trippe. Walker Weaver Wells Wideman Williams Woodall

THURSDAY, MARCH 13, 1947

473

Not voting were Senators Branch, Brown, Carswell, Darby, Kennon, Killingsworth, Odom, Overstreet, Pannell, Parker, Ramsey, Sams, Tippins and Yates.

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 42. By Mr. Hefner of Pickens:

A resolution to authorize the State Librarian to furnish the County of Pickens with three sets of Georgia Reports, Georgia Appeals Rep6rts; 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, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Burks Bush Butler Callaway Coker Daniell Dorsey Ferguson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kiker Knoi Logan Mason Miller Millican

Mitchell Riclijrrdson Seay Smiley Sumner Tarbutton Trippe Walker Weaver Wells Wideman Williams Woodall

Not voting were Senators Branch, Brown, Carswell, Darby, Kennon, Killingsworth, Odom, Oversteet, Pannell, Parker, Ramsay, Sams, Tippins and Yates.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 44. By Messrs. Wells and Joel of Clarke:
A resolution authorizing the State Librarian to furnish the Superior Omrt of Clarke County with certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

474

JOURNAL OF THE SENATE,

On the adoption of the resolution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Burks Bush Butler Callaway Coker Daniell Dorsey Ferguson

Griffith Gwyn Hodges Hogg Hooks Howard Huckeba Kiker Knox Logan Mason Miller Millican

Mitchell Richardson Seay Smiley Sumner Tarbutton Trippe Walker Weaver Wells Wideman Williams Woodall

Not voting were Senators Branch, Brown, Carswell, Darby, Kennon, Killingsworth, Odom, Oversteet, Pannell, Parker, Ramsey, Sams, Tippins and Yates.

On the adoption of the -resolution, the ayes were 39, nays 0.

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

HB 125. By Mr. Smith of Fulton:
A bill to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 65. By Mr. Mathis of Lowndes:
A resolution empowering the commissioners of agriculture to execute and enter into a long term lease contract for the use of certain property of the state farmers market at Valdosta to be used for the erection and operation of a food processing plant; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, MARCH 13, 1947

475

HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to provide for administration upon the estates of persons who are rmssmg, and for the probate of the willtl of such persons; for the giving of notice of applications for ad'ministration or probate to such missing persons; and for other purposes.
The report 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 I.

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

HR 88. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Carswell of Heard and others:
A resolution providing the director of the department of state parks be permitted to purchase the Waco Military Reservation; and for other purposes.

Senator Callaway of the 35th offered the following amendment:
Amend HR 88 by adaing an additional paragraph to read as follows: The state director of parks is directed to sell such timber from the reservation as will not detract from the recreational aspects of the park and turn the proceeds into the general fund.
On the adoption of the amendment the ayes were 21, nays 19, and the amendment was adopted.
Senator Millican of the 52nd moved that the Senate reconsider its actions in adopting the amendment.
Senator Darby of the 15th called for the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Griffith

Gwyn Hogg Howard Huckeba Kennon Killingsworth Logan Mason Miller Millican Mitchell Parker Ramsey

Richardson Seay Tarbutton Tippins Trippe Walker Weaver Wells Wideman Woodall Yates

476

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Arnold Hooks

Kiker Knox Smiley

Sumner Williams

Not voting were Senators Blitch, Boone, Branch, Brown, Hodges, Odom, Oversteet, Pannell and Sams.

On the motion to reconsider, the ayes were 37, nays 7, and the motion prevailed.

Senator Trippe of the 38th offered the following amendment to the amendment offered by Senator Callaway:

Amend the amendment by adding the words "under the supervision of the Forestry Department", immediately after the word timber in line 2 of said amendment.

On the adoption of the amendment to the amendment the ayes were 34, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senator Callaway and amended by Senator Trippe, Senator Darby of the 15th called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those-voting in the affirmative were Senators:

Arnold Burks Bush Butler Callaway

Hooks Kennon Kiker Killingsworth Knox Logan

Pannell Sumner Tippins Wells Williams

Those 110ting in the negative were Senators:

Adams Boone Carswell Coker Daniell Darby Dorsey Ferguson Griffith Gwyn

Hogg Howard Huckeba Mason Millican Mitchell Parker Ramsey Richardson Seay

Smiley Tarbutton Trippe Walker Weaver Wideman Woodall Yates

Not voting were Senators Baker, Blitch, Branch, Brown, Hodges, Miller, Odom, Overstreet and Sams.

On the adoption of the amendment as amended, the ayes were 16, nays 28, and the amendment was lost.

THURSDAY, MARCH 13, 1947

477

Senator Logan of the 33rd offered the following amendment:

Amend HR 88 by adding a new section, to be appropriately numbered, to read as follows: "That a portion of the land not needed for park purposes be turned over to the State Department of Forestry for demonstration and reforestation purposes."

On the adoption of the amendment, the ayes were 34, nays 1, and the amendment was adopted.

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

A privileged resolution by Senator Parker of the 54th granting the privilege of the floor to Dr. J. T. Holt of Appling County and a former member of the Senate was read and adopted.

A privileged resolution by Senators Smiley of the 2nd and Howard of the 3rd, granting the privilege of the floor to Hon. E. M. Thorpe of Mcintosh County and a former member of the Senate, was read and adopted.

Senator Millican of the 52nd moved that the following bill of the House be recommitted to the Committee on Rules:
HB 204. By Messrs. McMillan of Washington, Smith of Carroll, Moye of Washington, Ellis of Coffee, Vickers of Coffee, and others:
A bill to repeal an act relating to the powers and duties of county boards of education, and for other purposes.
The motion prevailed.

Senator Daniell of the 49th moved that the following resolution of the House be recommitted to the Committee on Counties and County Matters:
HR 77. By Messrs. Smith of Bryan, Johnson and Mallard of Bulloch: A resolution to authorize the state to survey and establish a true line between the counties of Bulloch and Bryan.
The motion prevailed.
The hour of adjournment having arrived, the president pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.

478

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Friday, March 14, 1947.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Arnold Blitch Boone Branch Burks Bush Butler Callaway Carswell Daniell Darby Dorsey Ferguson

Griffith Hodges Hogg Hooks Howard Huckeba Kennon Killingsworth Knox Mason Millican Mitchell Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Wideman Williams Woodall Weaver Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

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

The Committee on Rules adopted the following calendar immediately after the period of unanimous consent:

I. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

3. Reports of standing committees.

4. Putting on second reading of bills and resolutions previously reported favorably for passage.

5. Putting on third reading of local bills and general bills of local application.

6. Putting on third reading for final disposal of general House and Senate bills in the following order:
HB 21, known as the Appropriation Bill, shall be a continuing order of business to be acted upon section by section, but not to come to a final vote until such time as the sales tax or some similar revenue measure has been acted upon by the Senate.

FRIDAY, MARCH 14, 1947

479

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

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

HB 189. By Messrs. Williams of Mcintosh and Nightingale and Gowen of Glynn:
A bill creating the Georgia coastal scenic highway authority; and for other purposes.

HB223. By Mr. Twitty of Mitchell:
A bill to amend section 84-2011 of the Georgia Code of 1933 as amended, relating to the right of disabled or indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.

HB265. By Mr. Walker of Ben Hill:
A bill to amend section 69414 of the Code of Georgia of 1933, relating to the manner in which assessments for municipal street improvements shall be payable in installments, and to amend section 69417 of the Code of Georgia of 1933, and for other purposes.

HB 317. By Messrs. Hicks, Littlejohn and Covington of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.

HB407. By Mr. Wells of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens, so as to fix the time for the fixing of salaries or other compensation of the officers and employees of the City of Athens; and for other purposes.

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:
A bill authorizing the mayor and aldermen of the Town of Thunderbolt, in Chat ham county, to close what is claimed to be a street in a strip of land formerly known as the "Doyle triangle lot,"; and for other purposes.

HB 462. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to create a new charter for the City of East Point in the County of Fulton; and for other purposes.

480

JOURNAL OF THE SENATE,

HB 464. By Messrs. Etheridge, Kendrick and Smith of Fulton

A bill to create a new charter for the City of East Point, so as to change the term of office of mayor and aldermen; and for other purposes.

HB 469. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to enlarge the corporate limits; and for other purposes.

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A bill to make it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond may be paid by the county fiscal authorities from county f)Jnds; and for other purposes.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to extend the corporate limits of said city; and for other purposes.

HB474. By Mr. Nightingale of Glynn:
A bill to amend the charter of the City of Brunswick in the County of Glynn; to extend the present corporate limits of said city; to provide for a referendum; and for other purposes.

HB 475. By Messrs. Cochran and Neel of Thomas:
A bill to amend the charter of the City of Meigs in the counties of Thomas and Mitchell; and for other purposes.

HB 479. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown, by providing for the annexa tion of additional territory to the City of Cedartown; and for other purposes.

HB 482. By Mr. Morrison of Montgomery: A bill to amend an act to incorporate the Town of Ailey; and for other purposes.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to amend an act of the General Assembly entitled an act to amend, con solidate and supersede the several acts incorporating the City of Thomaston; and for other purposes.

FRIDAY, MARCH 14, 1947

481

HB 489. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus in the County of Muscogee ; to extend the corporate limits of said city so as to include therein such tract of land as herein described; and for other purposes.

HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris, and others:
A hill to establish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.

l-IB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, and others:
A bill relating to the regulation of rates for casualty insurance including fidelity, surety and guaranty bonds, and for other forms of motor vehicle insurance, etc.; and for other purposes.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, and others:
A bill to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not be excessive, inadequate or unfairly discriminatory; and for other purposes.

SB 99. By Senator Millican of the 52nd:
A bill to create in every county with a certain population a stadium authority for said county; and for other purposes.
SB 100. By Senator Millican of the 52nd:
A bill to amend an act authorizing the board of commissioners of roads and revenues of Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

SB 3. By Senator Weaver of the 51st:
A bill to amend section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.

SB 4. By Senator Weaver of the 51st:
A bill to provide for the relinquishment by the State of areas leading from the original corporate boundaries of the City of Macon to the ten-acre lots of the Macon Reserve west of the Ocmulgee river and lying between the four-acre lots of said Macon Reserve, to state the purposes of this act; and for other purposes.

482

JOURNAL OF .THE SENATE,

The House has passed by substitute as amended by the requisite constitutional majority the following bill of the Senate, to wit:

SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 5bt, and others:
A bill to amend an act known as the "unemployment compensation law"; and for other purposes.

The House has adopted the following resolution of the House, to wit:

HR 107. By Messrs. Kenyon and Overby of Hall, Meeks of Union, and others:
A resolution commending the United States Forest Service for services rendered in the State of Georgia and urging continuance and expansion of same; and for other purposes.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted .the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 396. Do Pass. HB 465. Do Pass.

HB 319. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 353. HB 449. HB 268. HB 338. HB 344. HB 444. HB 445. HB 310. SB 126. SB 127.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do PaBB. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

FRIDAY, MARCH 14, 1947

483

Mr. Boone of the 21st District, vice-chairman of the Committee on Military Affairs and Veterans Affairs, submitted the following report:

Mr. President:

Your Committee on Military Affairs and Veterans Affairs has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 8. Do Not Pass.

SB 6. Do Pass by Committee Substitute.

SB 9. Do Pass by Committee Substitute.

Respectfully submitted,
Boone of 21st District, Vice Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 438. Do Pass.

HB 433. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Yates of the 44th District, chairman of the Committee on Western and Atlantic Railroad, submitted the following report:

Mr. President:
Yout Committee on Western and Atlantic Railroad has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 82. Do Pass.

Respectfully submitted,
yates of 44th District Chairman

484

JOURNAL OF THE SENATE,

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, suh mitted the following report:

Mr. President:

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

HB 96. Do Not Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 110.

SB Ill.

SB 113.

SB 116.

Respectfully submitted,

Wideman of 46th Distliict, Chairman

Senator Daniell of the 49th filed the following minority report on HB 96:

Mr. President:

. March 13, 1947.

The Committee on Special Judiciary has had under consideration HB 96, and has returned it with a recommendation that it do not pass.

The undersigned as members of said committee, file this their minority report and recommend that the report of the committee be disagreed to. The undersigned also move that said bill be taken up by the Senate for the purpose of disagreeing with the committee report.
Respectfully submitted,

Daniell of 49th District, Chairman

FRIDAY, MARCH 14, 1947

485

Senators Weaver of the 51st, Darby of the 15th, Butler of the 7th, Mitchell of the 40th, Dorsey of the 32nd, Howard of the 3rd, Walker of the 45th, Blitch of the 5th, Wells of the 4th, Hooks of the 16th, Smiley of the 2nd, Wideman of the 46th, Boone of the 21st, Bush of the 8th, Coker of the 39th, Hodges of the 27th gave notice that at the proper time they would move that HB 96 he placed on the calendar for the purpose of disagreeing with the report of the Special Judiciary Committee which is unfavorable to the passage of the hill.

The following hills of the House were read the first time and referred to the committees:
HB 189. By Messrs. Williams of Mcintosh and Nightingale and Gowen of Glynn: A hill creating the Georgia coastal scenic highway authority; and for other purposes.
Referred to Committee on State of Republic.

HB 223. By Mr. Twitty of Mitchell:
A hill to amend section 84-2001 of the Georgia Code of 1933 as am~nded, relating to the right of disabled or indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.
Referred to Committee on Veterans Affairs.

HB ?43. By Messrs. Phillips of Columbia, McCracken of Jefferson and Smith of Emanuel:
A bill relating to the regulations of rates for casualty insurance including fidelity, surety and guaranty bonds, and for all other forms of motor vehicles insurance, etc.; and for other purposes.
Referred to Committee on Insurance.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson and Smith of Fulton:
A hill to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not he excessive, inadequate or unfairly discriminatory; and for other purposes.
Referred to Committee on Insurance.

HB265. By Mr. Walker of Ben Hill:
A hill to amend section 69-414 of the Code of Georgia of 1933, relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes.
Referred to Committee on General Judiciary.

486

JOURNAL OF THE SENATE,

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A bill to be entitled an act to make it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond shall be paid by the county fiscal authorities from county funds; and for other purposes.
Referred to Committee on Counties and County Matters.

HB317. By Messrs. Hicks, Littlejohn and Covington of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.

HB 407. By Mr. Wells of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens, so as to fix the time for the fixing of salaries or other compensation of the officers and employees of the city; and for other purposes.
Referred to Committee on Municipal Government.

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:
A bill authorizing the mayor and alderman of the Town of Thunderbolt, in Chat ham county, to close what is claimed to be a street in a strip of land formerly known as the "Doyle triangle lot"; and for other purposes.
Referred to Committee on Municipal Government.

HB 462. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to create a new charter for the City of East Point in the County of Fulton; and for other purposes.
Referred to Committee on Municipal Government.

HB 464. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to create a new charter for the City of East Point, so as to change the term of office of mayor and aldermen; and for other purposes.
Referred to Committee on Municipal Government.

HB 469. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to enlarge the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

FRIDAY, MARCH 14, 1947

487

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to extend the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB474. By Mr. Nightingale of Glynn:
A bill to amend the charter of the City of Brunswick in the County of Glynn; to extend the present corporate limits of said city; to provide for a referendum; and for other purposes.
Referred to Committee on Municipal Government.

HB 475. By Messrs. Cochran and Neel of Thomas:
A bill to amend the charter of the City of Meigs in the counties of Thomas and Mitchell; and for other purposes.
Referred to Committee on Municipal Government.

HB 479. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown, by providing for the annexa tion of additional territory to the City of Cedartown; and for other purposes.
Referred to Committee on Municipal Government.

HB482. By Mr. Morrison of Montgomery: A bill to amend an act to incorporate the Town of Ailey; and for other purposes.
Referred to Committee on Municipal Government.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to amend an act of the General Assembly entitled an act to amend, consoli date and supersede the several acts incorporating the City of Thomaston; and for other purposes.
Referred to Committee on Municipal Government.

HB 489. By Messrs. Elliott, Holleman and Shields of Museogee:
A bill to amend the charter of the City of Columbus in the County of Museogee, to extend the corporate limits of said city so as to include therein such tract of land as herein described; and for other purposes.
Referred to Committee on Municipal Government.

488

JOURNAL OF THE SENATE,

HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris, and others:

A bill to establish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.

Referred to Committee on Counties and County Matters.

The following resolution was read and adopted:
HR 107. By :Messrs. Kenyon and Overby of Hall, Meeks of Union, and others: A resolution commending the United States Forest Service for service rendered in the State of Georgia and urging continuance and expansion of same.

Senator Weaver of the 51st asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted:
HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to be entitled an act to provide a permanent pension and retirement plan for county employees and/ or officers, elective and/ or appointed, of Bibb County; and for other purposes.
The consent was granted.

The following bills and resolution, favorably reported by the committees, were read the second time:
SB 6. By Senator Sams of the 26th:
A bill to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act first referred to, by changing the required degree of disability from twenty-five per centum, to ten per centum; by amending section 3 of said act to provide that eligible veterans may not be limited as to the number of businesses exempted; by extending the provisions of said act to veterans who engage in any profession, or semi-profession; to repeal conflicting laws; and for other purposes.
SB 126. By Senator Dean of the 34th:
A bill to amend an act entitled "Rockdale commissioner's office created" approved February 18, 1941 (Ga. Laws 1941, pp. 952-958), by striking the figures "$400.00" as appears in section 8 and substituting in lieu thereof the figure "$800.00", etc.; and for other purposes.

FRIDAY, MARCH 14, 1947

489

SB 127. By Senator Dean of the 34th:
A bill to amend an act entitled "Rockdale tax commiSSIOner created", approved February 26, 1943 (Ga. Laws, pp. 1106-1109) by adding to section 3 a provision authorizing a commission of 10 per centum on all taxes collected in excess of 90 per centum of the total taxes, etc.; and for other purposes.

The following bills and resolutions of the House, favorably reported by the committees, were read the second time:
HB 268. By Messrs. Smith of Emanuel, Sills of Candler, McMillan and Moye of Washing ton, McCracken of Jefferson, Willianu. of Toombs, and Edenfield of Emanuel:
A bill to be entitled an act to amend an act providing for a salary of $200.00 per month for the official court reporter of the Middle judicial circuit; and for other purposes.

HB 310. By Messrs. Hubert, floward and MeWhorter of DeKalb:
A bill to amend an act approved August 20, 1913, Acts 1913, page 145, creating the municipal court of Atlanta; to provide for jurisdiction as to subject matter; to provide for the costs to be charged and collected in said court; and for oilier purposes.

HB 338. By Mr. Watford of Long:
A bill to amend an act creating the board of commissioners of roads and revenues of Long county, Georgia; and for other purposes.

HB 344. By Mr. Meeks of Union:
A bill to abolish the office of tax collector and tax receiver in Union county; and for other purposes.

HB 353. By Mestirs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the act of 1939 as amended pertaining to pensions for members of police and fire departments in counties of 200,000 and over by providing for the transfer from municipal fire and police departments to county fire and police departments; and for other purposes.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to amend an act entitled an act to re-enact the charter of the City of Macon; and for other purposes.

HB 444. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend the charter of the Town of Doraville in the County of DeKalb; and for other purposes.

490

JOURNAL OF THE SENATE,

HB 319. By Mr. Tuten of Appling:
A bill to be entitled an act to amend an act creating a new charter for the City of Baxley; and for other purposes.

HB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain a bus terminal; and for other purposes.

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend an act of the General Assembly of Georgia, approved November 18, 1901. entitled an act to establish the city court of Polk county, in the City of Cedartown, in and for the County of Polk; and for other purposes.

HB 465. By Mr. Elliott of Muscogee, and others:
A bill to be entitled an act to amend the charter of the City of Columbus so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; and for other purposes.

HB 445. By Messrs. Howard, Hubert and MeWhorter of DeKalb: A bill to amend the charter of the City of Stone Mountain; and for other purposes.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia, for a period of five years; providing penalties therefor; and for other purposes.

HR82. By :Messrs. Evitt of Catoosa, Ray of Warren, Elliott of Muscogee, and others:
A resolution to empower and direct the Governor and the chairman of the public service commission to execute on behalf of the State all necessary contracts and agreements with the federal government, the army engineers or other proper par ties, which may be required in connection with the relocation of the track and right-of-way of the Western & Atlantic Railroad betweell mile post 36.25 and 41.50 in Bartow county; and for other purposes.

Senator Williams of the 31st moved that the Senate insist on its positiOn in amending the following bill of the House and that a committee of conference be appointed:
HB 16. By :Mr. Cheek of Franklin:
A bill to create the office of commissioner of roads and revenues in Franklin county; and for other purposes.

FRIDAY, MARCH 14, 1947

491

The motion prevailed and the president pro tempore appointed on the part of the Senate:
Senators Williams of the 31st, Mason of the 30th, and Richardson of the 14th.

Senator Millican of the 52nd moved that the Senate insist on its position in amending the following bill of the House and that a committee of conference be appointed:
HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.
The motion prevailed, and the president pro tempore appointed on the part of the Senate:
Senators Pannell of the 43rd, Woodall of the 25th, and Weaver of the 51st.

Senator Millican of the 52nd moved thllt the Senate agree to the following substitute of the House to SB 74:
By Messrs. Causey of Bacon and Durden of Dougherty:
A biJI to be entitled an act to amend an act approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., to provide for the establishment of the bureau of unemployment compensation in the State department of labor, and known as the "Unemployment Compensation Law," as subsequently amended, by reducing the minimum rate of contributions payable by each employer, by clarifying the definitions therein, by providing for representation in the courts, by changing the punishment for violations thereof, by clarifying administration procedures and authority, by reducing liability with respect to wages over $3,000.00 per year; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IS HEREBY ENACTED BY AUTHORITY OF THE SAME, THAT:
SECTION I
The act of the General Assembly of Georgia, approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., entitled an act to provide for the establishment of the bureau of unemployment compensation in the State department of labor and known as the "Unemployment Compensation Law," as subsequently amended by an act approved January 25, 1938, Georgia Laws 1937-8, extra session, pp. 356 et seq., as further amended by an act approved March 21, 1941, Georgia Laws 1941, pp. 532, et seq.; as further amended by acts (3) approved March 20, 1943, Georgia Laws 1943, pp. 610, 612, 613, et seq.; and as further amended by acts (2) approved March 8, 1945, Georgia Laws 1945, pp. 259 et seq.; and pp. 331, et seq.; be, and the same is, hereby amended in the following respects, namely:

492

JOURNAL OF THE SENATE,

SECTION II
By striking from section 7 (c) (6) (i) of said act, as amended, all of sub sections (A), (B), (C), (D), (E), and (F), and inserting, in lieu of said sub sections, the following table or rate variations, effective July 1, 1947, namely:
(A) 2.50 per centum if such excess equals or exceeds 3 but is less than 4 per centum of his average annual pay roll;
(B) 2.25 per centum if such excess equals or exceeds 4 but is less than 5 per centum of his average annual pay roll ;
(C) 2.00 per centum if such excess equals or exceeds 5 but is less than 6 per centum of his average annual pay roll;
/
(D) 1.75 per centum if such excess equals or exceeds 6 but is less than 7 per centum of his average annual pay roll;
(E) 1.50 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual pay roll;
(F) 1.25 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual pay roll;
(G) 1.00 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual pay roll;
(H) 0.75 per centum if such exeess equals or exceeds 10 but is less than 11 per centum of his average annual pay roll.
(I) 0.50 per centum if such excess equals or exceeds 11 per centum of his average annual pay roll; provided, however, that the above table of rate variations shall be made applicable by the commissioner for the last two calendar quarters of 1947 by applying said rate variations to the computations used by the commissioner in determining rates for each employer for the calendar year 1947.

SECTION III
By striking from said act, as amended, section 17 (b) , Acts of 1937, p. 840, Ga. Ann. Code 54-656, which provides for representation in the courts by the attorney general or an assistant attorney general.

SECTION IV
By striking any part or parts of said act, as amended, which provide penalties for violation of the terms of said act, as amended, and inserting, in lieu of any and all such provisions, punishment for any and all such violations as for a misdemeanor.
SECTION V
By striking from section 5, subsection (b) , as amended, the word "miscon duct" wherever found and inserting, in lieu thereof, the words "failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed."

FRIDAY, MARCH 14, 1947

493

SECTION VI
(a) By striking from section 12(a), as amended, the words: "The said di vision shall be administered by a full-time salaried director, who shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices," and inserting, in lieu thereof, the words: "The commissioner of labor is authorized to cooperate with or enter into agree ments with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and per form all things necessary to secure to this State the benefits of said Act of Con gress, as amended, in the promotion and maintenance of a system of public em ployment offices."

(b) By striking from said section 12(a) the words: "The Georgia sta!e employment service division is hereby designated and constituted the agency of this State for the purposes of said act. The commissioner is directed to appoint the director, other officers, and employees of the Georgia employment service. Such appointments shall be made in accordance with regulations prescribed by the di rector of the 'ijpited States employment service, and shall be confined to bona fide residents of the State of Georgia," and inserting, in lieu thereof, the words: "The department of labor is hereby designated and constituted the agency of this State for the purposes of said act."

(c) By striking from said section 12(a) the words: "with respect to the establishment, maintenance, and use of free employment service facilities," and in serting, in lieu thereof, the words: "and other federal or state agencies with respect to the establishment, maintenance, and use of free employment service facilities," so that said section 12, when so amended, shall read as follows, namely:

(a) State Employment Service-The Georgia State Employment Service is hereby established in the Department of Labor as a division of the Employment Security Agency. The commissioner, through such division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purposes of per forming such duties as are within the purview of the Act of Congress entitled "An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such. system, and for other pur poses," approved June 6, 1933 (48 Stat. 113; U. S. C., title 29, sec. 49 (c) ) , as amended. The commissioner of labor is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and per form all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the said Act of Congress, as amended, are hereby accepted by this State, in conformity with section 4 of said act, and this State will observe and comply with the requirements thereof." The Department of Labor is hereby designated and constituted the agency of this State for the purposes of said act.

The commissioner may cooperate with or enter into agreements with the Rail road Retirement Board and other federal or state agencies with respect to the establishment, maintenance, and use of free employment service facilities.

494

JOURNAL OF THE SENATE,

SECTION VII

By adding to said act, as amended, at the end of section 7 (c) , a new subsection to be known as section 7(c) (ll), a~ follows, namely:
(ll) Notwithstanding any other provisions of this act, as amended, when, in the future, the rates fixed for unemployment taxes levied under federal laws are reduced to a point lower than three per cent., the maximum contribution rates on pay rolls for employment thereafter levied under this act, as amended, shall be reduced to a point no greater than the rate for which off-set credit will be granted under the federal law.

SECTION VIII
By striking section 19 (n) (l) and inserting in lieu thereof the following, so that said section 19(n) (l), when so amended, will read as follows, namely:
(n) "Wages" means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accord.ce with the rules prescribed by the commissioner, provided, that the term "wages" shall not include, after December 31, 1940:
(l) For the purposes of section 3(b), section 4(e), section 7, and section 19 of this act, that part of the remuneration which, after remuneration equal to $3,000.00 has been paid to an individual by an employer with respect to employment during any calendar year, is paid after December 31, 1939, and prior to January 1, 1947; to such individual by such employer with respeot to employment during such calendar year; or that part of the remuneration which, after remuneration equal to $3,000.000 with respect to employment within this State or any other State after 1938 has been paid to an individual by an employer during any calendar year after 1946, is paid to such individual by such employer during such calendar year; provided, that the commissioner shall be authorized by proper regulations to apportion and allocate equitably the wage credits throughout the calendar quarters in which such services were rendered; and

SECTION IX
Amend by adding to the end of section 7 (c) (7), as amended, the following proviso, namely:
"provided, that if and when the Federal Social Security Law or any other federal unemployment compensation law should in the future be so amended as to:
(l) Reduce the basic period of time experience for reduced rating or (2) give to war veterans the benefit of time in the service in computing said base period or (3) allow war veterans concessions in computing base period experience by adding that served in one employing entity to that served in another employing entity, whether successor or not,
"then the commissioner of labor is hereby authorized to give effect to any or all such amendments for the benefit of Georgia employers by executive order."

FRIDAY, MARCH 14, 1947

495

SECTION X

This bill shall be effective on approval by the Governor.

SECTION XI
All laws and parts of laws in conflict with this act be, and the same are, hereby repealed.
The motion prevailed, and the substitute was agreed to. On the motion to agree, the ayes were 28, nays 0, and the substitute was agreed to.

The following local bills of the Senate were read the third time and put upon their passage:
SB 115. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, so as to fix base salary for the personnel director at not less than $5,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 118. By Senator Seay of the 22nd:
A bill to amend an act approved December 11, 1871 (Acts of 1871-2, page 89) con ferring additional powers upon the corporate authorities of the town of Barnesville; changing the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 119. By Senator Trippe of the 38th:
A bill to amend the charter of the City of Cedartown by providing for annexation of additional territory; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

496

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 120. By Senator Millican of the 52nd:
A bill to amend an act to provide cities of 150,000 or more pensions for fire de partment members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 121. By Senator Darby of the 15th:
A bill to amend an act creating a new charter for the City of Vidalia in the County of Toombs, approved August 8, 1922, and all amendatory acts, by providing in section 98 a provision restricting the sale of any city real estate by requiring 30 days notice and that the sale be conducted at public auction; to prohibit sale of the Vidalia city hospital except by approval of a majority of voters in a referendum; 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 122. By Senator Darby of the 15th:
A bill to amend an act creating a new charter for the City of Vidalia, approved August 8, 1922, and all amendatory acts (Georgia Laws 1922, page 1004) to create a city hospital 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 123. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several amendatory acts, to extend corporate limits of the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill1 having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 14, 1947

497

The following bill of the House was taken up for consideration:

HB 21. By .\lr. Crowe of Worth:
A bill to make appropriations for the operation of the State government; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that HB 21 be considered section by section and that at the conclusion of the reading and before final passage action may be taken on any section previously considered.
Sections I, 2, 3, 4, 5, 6, and 7 were adopted.
Section 8 was read.

Comm:ttee moves to amend section 8 of HB 21 by striking the sum of $23,720,000.00 and inserting in lieu thereof, the sum of $38,842,025.00.

This amendment transfers the $16,372,025.00 less $2,000,000.00 for bus drivers from second section of bill and adds $500,000.00 to absorb teachers salaries formerly paid from Federal Lanham funds and $250,000.00 to meet rising costs of textbooks.
The amendment was adopted.
New Section "8A" after Section 8.

Committee moves to amend HB 21 by inserting a new section to be inserted immedi ately following section 8 to be numbered and worded as follows:
"Section 8A. For grants for aid to the common schools for transportation purposes, $950,000.00. Provided, that the funds hereby appropriated shall be dis tributed monthly during a school term to the county school systems on the basis of 31,4 cents per mile for the total route miles traveled each month by school bus for school purposes as reported to the State department of education for the school year 1945-1946. Provided, further, each bus driver shall receive additional com pensation above the amount of compensation in force and effect for the school year 1945-1946, on the basis of 3% cents per mile for the total route miles traveled each month driving a school bus, during a school term for school purposes, based on mileage reported as above stated. Provided, further, that this appropriation or so much thereof as may be necessary shall not be available until the passage and approval of an act of the General Assembly authorizing the State board of education to establish rules and regulations governing the operation of school buses."
This will give each bus driver an average of $30.00 per month increased com pensation. Drivers with short routes will receive less, drivers with longer routes will receive more.
The amendment was adopted.

498

JOURNAL OF THE SENATE,

Senator Millican of the 52nd offered the following amendment to section 8:

Provided that the amount allocated toward the increase of 50 per cent. in teachers' salary shall he withheld from any county or independent school system that reduces the amount of money being paid to teachers as of August 31, 1946, from county or independent school system finances unless said county or independent system are at the passage of this act levying and collecting the maximum tax for educa tion as provided in this constitution.

Senator Millican of the 52nd called for the ayes and nays on the adoption of the amendment, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Blitch Branch Brown Burks Bush Butler Callaway Carswell Coker Dorsey Ferguson Griffith Hodges

Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams

Those voting in the negative were Senators:

Boone

Darby

Woodall

Not voting were Senators Adams, Daniell, Gwyn, Miller, Odom, Sams and Yates.

On the adoption of the amendment, the ayes were 43, nays 3, and the amendment was adopted.
Section 8 was adopted, as amended.

Section 9 was read.

Senators Bush of the 8th, Carswell of the 17th, Tarbutton of the 20th, Hooks of the 16th, Killingsworth of the 11th and Parker of the 54th, movll_s to amend HB 21, section 9, sub-section C, the same being the general appropriations act of 1947, by adding thereto the following:

FRIDAY, MARCH 14, 1947

499

There is further appropriated to the Georgia agricultural experiment stations for the purpose of matching federal appropriations for agricultural research, as provided by title I, public Law 733-79th Congress, the sum of one hundred twentyone thousand ($121,000.00) dollars for the fiscal year of 1947-1948 and the sum of two hundred forty-two thousand ($242,000.00) dollars for the fiscal year of 19481949, which sums shall be in addition to all sums heretofore appropriated to said Georgia agricultural experiment stations for the fiscal years of 1947-1948; 1948-1949.

It is further provided that the sum of one hundred twenty-one thousand ($121,000.00) dollars for the fiscal year of 1947-1948 and the sum of two hundred forty-two thousand ($242,000.00) dollars for the fiscal year of 1948-1949 are appropriated to the board of regents of the University System of Georgia for the purpose of matching federal appropriations -for marketing research of agricultural products under title II of public law 733-79th Congress, said sums to be in addition to all other funds appropriated to said board of regents of the University System of Georgia for the fiscal year 1947-1948; 1948-1949.

The amendment was adopted.

Section 9 was adopted, as amended.

Section 10 was read. Section 10

Committee moves to amend section 10 of HB 21 by striking the figure $1,050,000.00 and inserting in lieu thereof the figure $1,600,000.00.

This is to transfer the $550,000.00 carried in second part of bill to first part.

The amendment was adopted.

Section 10 was adopted, as amended.

Sections 11, 12, 13, 14, 15, 16 and 17 were adopted.

Section 18 was read.

Section 18. New Subsection (b)

Committee moves to amend HB 21 by adding to section 18, a new subsection to read as follows:

"(b) For matching county funds for benefits to crippled or dependent children not provided for by Federal and State matching, $75,000.00."

Section 18 was adopted, as amended.

Section 19 was adopted.

Section 20 was read.

'

Section 20, Subsection (a)

500

JOURNAL OF THE SENATE,

Committee moves to amend section 20, subsection (a) of HB 21, by striking the figures $3,197,000.00 and inserting in lieu thereof $3,527,000.00 and by adding the following proviso:

"Provided that of the above appropriation, the sum of $330,000.00 shall be used in adjusting upward the lower brackets of compensation of the employees of the Milledgeville State Hospital, provided adjustment for employees receiving $200.00 per month or more shaH not exceed 5%. This proviso shall apply to the com pensation rates in force and effect March 1, 1947."

The amendment was adopted.

Section 20 was adopted, as amended.
.. Sections 21, 22, 23, 24, 25, and 26 were adopted
Section 27

Committee moves to amend section 27 of HB 21 by striking the sum of $60,000.00 and inserting in lieu thereof the sum of $115,000.00.

The amendment was adopted.

Section 27 was adopted, as amended.

Section 28 was adopted.

Section 29, Subsection (b)

Committee moves to amend section 29, subsection (b) of HB 21 by striking the amount of $265,000.00 and inserting in lieu thereof the sum of $500,000.00 and by inserting after subsection (b) the following:

"Provided that the budget bureau shall limit the amount of this appropnauon available each year to the actual amount of revenue collections of the department for the immediate preceding year, not to exceed $500,000.00."

The amendment was adopted. (Game and Fish Commission.)

Section 29, Subsection (c)

Committee moves to amend section 29, subsection (c) of HB 21 by striking the figure $60,000.00 and inserting in lieu thereof the figure $100,000.00.

The amendment was adopted. (Geology Department for additional research and new equipment.)

Section 29. New Subsection (el)

/

FRIDAY, MARCH 14, 1947

501

Committee moves to amend HB 21, section 29, by adding a new subsection (e-1) to read as follows:
"For the special purpose of promoting and extending the tourist interests of this State by Department of Parks, $100,000.00."
The amendment was adopted.

Section 29. New Subsection (h) Committee moves to amend section 29 of HB 21 by adding a new subsection (h) to read: "For the purchase of the Waco Military Reservation property to be available for one year only, $30,000.00." The amendment was adopted. Section 29 was adopted, as amended. Sections 30 and 31 were adopted. Section 32 was read.

Section 32, Subsection (a)
Committee moves to amend section 32, subsection (a) of HB 21 by striking the sum of $60,000.00 and inserting in lieu thereof the sum of $75,000.00.
Section 32 was adopted, as amended.
Sections 33 and 34 were adopted.
Section 35 was rel!d.
Senator Callaway of the 35th moves to amend section 35 of HB 21 by adding to said section 35 a sub-section to be appropriately numbered and to read as follows:
"( ) An additional five thousand ($5,000.00) dollars to be used for repairing and restoring old and badly worn documents and records, and for purchasing a fireproof vault for storing and preserving valuable documents and records."
The amendment was adopted.
Section 35 was adopted, as amended.
Section 36 was adopted.
Senator Hogg of the 24th moved that the Senate do now adjourn until 11 o'clock Monday morning.
Senator Millican of the 52nd called for the ayes and nays, and the call was sustained.

502

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Branch Hogg

Kennon Mason Sumner

Wideman Williams

Those voting in the negative were Senators:

Boone Butler Callaway Carswell Coker

Ferguson Griffith Knox Millican Overstreet

Darby Dorsey

Pannell Parker

Ramsey Seay Smiley Tarbutton Trippe Weaver Woodall

Not voting were Senators:
Adams Arnold Baker Blitch Brown Burks Bush Daniell Gwyn

Hodges Hooks Howard Huckeba Kiker Killingsworth Logan Miller Mitchell

Odom Richardson Sams Tippins Walker Wells Yates

On the motion to adjourn, the ayes were 7, nays 21, and the motion was lost.

Senator Millican of the 52nd moved that the Senate do now adjourn until 10 o'clock :\fonday morning, and the motion prevailed.

By unanimous consent, HB 21 was carried over until Monday as unfinished business.

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

MONDAY, MARCH 17, 1947

503

Senate Chamber, Atlanta, Georgia. Monday, March 17, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley, pastor of First Methodist Church, Metter, Georgia.

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

Adams

Hogg

Ramsey

Arnold

Hooks

Richardson

Blitch

Howard

Seay

Boone

Huckeba

Smiley

Brown

Kennon

Sumner

Burks

Kiker

Tarbutton

Bush

Killingsworth

Tippins

Butler

Knox

Trippe

Callaway

Logan

Walker

Carswell

Mason

Weaver

Coker

Miller

Wells

Daniell

Millican

Wideman

Darby

Mitchell

Williams

Dorsey

Odom

Woodall

Ferguson

Overstreet

Yates

Griffith

Pannell

Hodges

Parker

Senator Knox of the 29th 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 he established as order of business for today:

I. Introduction of hills and resolutions.

2. First reading and reference of hills and resolutions.

3. Reports of standing committees.

4. Second reading of hills and resolutions, favorably reported.

5. Con~ideration of local uncontested hills and resolutions.

6. Further consideration of HB 21 which was carried over as unfinished business from Friday.

The consent was granted.

504

JOURNAL OF THE SENATE,

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

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

HB 165. By Messrs. Britton and Brooke of Whitfield:
A bill to provide for the management and control of the public utilities of the City of Dalton; to give said city the right and power to own, control and operate various public utilities and for other purposes.

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to amend an act entitled an act to regulate parking motor vehicles and other vehicles on the state-aid roads, etc.; and for other purposes.

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper for said city; and for other purposes.

HB 363. By Messrs. Edenfield and Smith of Emanuel:
A bill to incorporate the town of Norristown, in the county of Emanuel, to definf' its corporate limits, declare its powers and for other purposes.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to provide for the furnishing of an identification certificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a certain population; and for other purposes.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A hill to amend an act approved February 17, 1933, relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a population of not less than 115,000 and not more than 170,000 by the census of the United States of 1940 or any subsequent census the total compensation of the tax collector shall not exceed the sum of $6500.00 per annum, and for other purposes.

HB 373. By Messrs. Evans, Skinner and Smith of Chatham:
A hill to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto incorporating the mayor and aldermen of said city relative and supplementary thereto; and for other purposes.

MONDAY, MARCH 17, 1947

505

HB 391. By Mr. Coogle of Macon:
A bill to amend section 2 of an act approved August 9, 1912, entitled an act creating a board of commissioners of roads and revenues for the County of Macon; and for other purposes.

HB 416. By Mr. Hampton of Fannin:
A bill to amend an act to create the office of commissioner of roads and revenues of Fannin County, approved August 10, 1920, etc.; and for other purposes.

HB 421. By Mr. Dykes of Bleckley:
A bill to fix salaries for elective county officials in the County of Bleckley; and for other purposes.

HB 429. By Messrs. Towill, Morris and Eve of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this state having a population of between 81,000 and 82,000, according to the United States census of 1940, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB 447. By Mr. Knabb of Charlton:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Charlton by reducing and rearranging the road districts; and for other purposes.

HB 451. By Mr. Oden of Pierce:
A bill to consolidate and revise the charter of the City of Blackshear; and for other purposes.

HB 476. By Mr. Pulliam of Elbert:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700, according to the United States census of 1940; and for other purposes.

HB 477. By Messrs. Jordan and Dobbs of Gwinnett:
A bill to amend an act entitled an act to fix. the salary of the treasurer of Gwinnett County in lieu of commissions as paid; and for other purposes.

HB 478. By Messrs. Mavity and Crowe of Walker:
A bill to create a new charter for the City of Rossville; to provide for a mayor and council form of government; and for other purposes.

506

JOURNAL OF THE SENATE,

HB 481. By Messrs. Nightingale and Gowen of Glynn:

A hill to amend an act creating the board of commissioners of roads and revenue for Glynn County, so as to authorize said commissioner to levy a tax for school purposes; and for other purposes.

HB 486. By Mr. Wells of Clarke:
A hill to prohibit and to regulate within the territorial limits of any county in this state with a certan population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB 491. By Mr. Swindle of Berrien:
A bil) .to amend the act passed by the General Assembly of Georgia creating a board of commissioners of roads and revenues of Berrien County, directing the present hoard of commissioners of roads and revenues to sell the county farm; and for other purposes.

HB 492. By Mr. Swindle of Berrien:
A bill to amend the act of Georgia creating a hoard of commissioners of roads and revenues of Berrien County; and for other purposes.

HB 493. By Mr. Bradley of Tattnall:
A hill to incorporate the City of Reidsville, by abolishing the present charter of said city and writing a new charter for the same; and for other purposes.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A hill to authorize the officers of any county of this state having a certain population, who have charge of records, including the clerks of the several courts of such county, the ordinary or court of ordinary of such county, lo install and use photostatic equipment in recording and copying such records and in furnishing copies thereof; and for other purposes.

HB 495. By Messrs. Smith and Reid of Carroll:
A bill to extend the corporate limits of the City of Carrollton three-fourths of a mile beyond the territorial limits now fixed; and for other purposes.

HB 500. By Messrs. Witherington of Wilcox, Yawn of Dodge, Walker of Ben Hill and Chalker of Pulaski:
A bill to amend section 45-601 of the code of 1933 relating to open season for taking shad from the waters of the state; and for other purposes.

MONDAY, MARCH 17, 1947

507

HB 504. By Messrs: Gowen and Nightingale of Glynn:

A bill to amend an act creating a new city court of Brunswick, so as to increase the salaries of the judge and solicitor of such court; and for other purposes.

HB 508. By Mr. Whaley of Telfair:
A bill to establish and constitute a new charter for the City of Milan; to provide for the duties of mayor; and for other purposes.

HB 509. By Mr. Whaley of Telfair:
A bill to amend an act of the General Assembly, creating the office of commissioner of roads and revenues for the County of Telfair; and for other purposes.

HB 510. By Mr. Garrison of Habersham:
A bill to amend an act establishing the city court of Habersham County, providing for the qualifications, terms and compensation of the solicitor of said court; and for other purposes.

HB 512. By Mr. Garrison of Habersham:
A bill to extend the hunting season for squirrels in counties of not more than 14,780 and not less than 14,760 population from November 1 to February 1 of each season after the passage of this act; and for other purposes.

HB 513. By Mr. Cowart of Calhoun:
A bill to require the commissioners of roads and revenues of Calhoun County to make and publish quarterly statements of county expenditures; and for other purposes.

HB 514. By Mr. Cowart of Calhoun:
A bill to abolish the offices of tax collector and tax receiver in the County of Calhoun; to consolidate the offices of tax receiver and tax collector; and for other purposes.

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to amend the charter of the City of Villa Rica, by extending city limits as now defined so as to take in additional territory', including what is known as limits of Town of Fullerville; and for other purposes.

508

JOURNAL OF THE SENATE,

The House has agreed to Senate amendments to the following bills of the House to wit:

HB 22. By Messrs. Nightingale and Gowen of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes.

HB 252. By Mr. Gary of Quitman:
A bill to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.

The following message was received from the House through Mr. Boone, th'< clerk thereof:
Mr. President:
The Speaker has appointed a Conference Committee for HB 2 the following members of the House to wit:

Messrs. Gowen of Glynn, Twitty of Mitchell and Ray of Warren.

HB 2.

By Messrs. Gowen and Nightingale of Glynn:
A bill to provide for municipal home rule; to establish optional systems of
municipal government for certain cities and towns in Georgia; and for other purposes.

The Speaker has appointed a Conference Committee for HB 16 the following members of the House to wit:
Messrs. Cheek of Franklin, Ramey of Chattooga, Mathews of Peach.
HB 16. By Mr. Cheek of Franklin: A bill to create the office of commissioner of roads and revenues for Franklin County; and for other purposes.

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

MONDAY, MARCH 17, 1947

509

SB 98. By Senator Weaver of the 51st:
A bill to amend the charter of the City of Macon relating to the powers and duties of said corporation; and for other purposes.

SB 103. By Senator Trippe of the 38th:
A bill to amend an act establishing the city court of Polk County by conferring on the city court of Polk County and the judge thereof juvenile jurisdiction over children under 16; and for other purposes.

SB 104. By Senator Seay of the 22nd:
A bill to amend an act authorizing the City of Barnesville to maintain a system of public schools by local taxation; and for other purposes.

SB 105. By Senator Mason of the 30th:
A bill to amend an act creating a commissioner and a board of finance for Hart County; to prescribe the manner of election of such commissioner and members of said board; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted by the requisite constitutional majority the following resolutions
of the House and Senate to wit:

SR 27. By Senator Dorsey of the 32nd:
A resolution commending the United States Forest Service for services rendered in the State of Georgia, and urging continuance and expansion of same; and for other purposes.

SR 28. By Senators Carswell of the 17th and Bush of the 8th:
A resolution to establish a memorial to the sons and daughters of Georgia who have served their state and nation so valiantly in time of war by designating Blue Star Drive as such a memorial; and for other purposes.

HR 108. By Mr. Hinson of Ware:
A resolution to commend the Georgia delegation in the National Congress for the active support they gave in securing passage of the George-Barden act; and for other purposes.

HR 109. By Mr. Hand of Mitchell:
A resolution providing for the continuation of the survey of Georgia's school system; and for other purposes.

510

JOURNAL OF THE SENATE,

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following hills of the Senate and has instructed me, as chairman, to report the same back to the Senate. as correct and ready for transmission to the House:

SB US.

SB ll8.

SB ll9.

SB 120.

SB 121.

SB 122.

SB 123.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolution of the Senate and has instructed me, as chairman, to report the same hack to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 3.

SB 4.

SB 74.

SB 98.

SB 100.

SB 103.

SB 104.

SB 105.

SR 28.

Respectfully submitted,
Wideman of 46th District, Chairman

MONDAY, MARCH 17, 1947

511

The following resolution of the Senate was read and adopted:

SR 29. By Senator Woodall of the 25th:
A resolution that the General Assembly of Georgia commend the Georgia delegation in national Congress for the active support they gave in securing passage of the George-Barden act and request that they continue their efforts to get Congress to appropriate the full amount authorized by the Georgia-Barden act; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to the committees:

SB 128. By Senators Brown of the 19th and Hodges of the 27th:
A bill to amend the Georgia unemployment compensation act to provide for the creation within the Department of Labor a board under the title of Georgia unemployment compensation board, etc.; to empower said board to administer the unemployment compensation law; and for other purposes.
Referred to Committee on Industrial Relations.

SB 129. By Senator Hogg of the 24th:
A bill to authorize and direct the governing authorities of the County of Marion to pay to the sheriff the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 130. By Senators Walker of the 45th, Knox of the 29th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, Richardson of the 14th and Millican of the 52nd:
A bill to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture, and commissioner of labor, and to provide that all of said salaries shall be $7,500 per annum; and for other purposes.
Referred to Committee on Special Judiciary.

SB 131. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to require the segregation of the race<; at the polls in all elections in this state; to require the establishment of additional polling places in the several counties in order to carry such segregations into effect; and for other purposes.
Referred to Committee on Special Judiciary.

SB 132. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to insure the purity and honesty of primary elections; to provide what persons may participate in primary elections conducted by any political party in this ~tate, to preserve inviolate the county unit system in certan primary elections; and for other purposes.

512

JOURNAL OF THE SENATE,

Referred to Committee on Special Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 165. By Messrs. Britton and Brooke of Whitfield:
A bill to provide for the management and control of the public utilities of the City of Dalton; to give said city the right and power to own, control and operate various public utilities; and for other purposes.
Referred to Committee on Municipal Government.

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty: A bill to amend an act entitled an act to regulate parking motor vehicles and other vehicles on the stateaid roads, etc.; and for other purposes.
Referred to Committee on Motor Vchicles.

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper for said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 363. By Messrs. Edenfield and Smith of Emanuel: A bill to "incorporate the town of Norristown, in the County of Emanuel, to define its corporate limits, declare its powers; and for other purposes.
Referred to Committee on Municipal Government.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to provide for the furnishing of an identification certificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act approved February 17, 1933, relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a population of not less than 115,000 and not more than 170,000 by the census of the United States of 1940 or any subsequent census the total compensation of the tax collector shall not exceed the sum of $6500.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, MARCH 17, 1947

513

HB 373. By Messrs. Evans, Skinner and Smith of Chatham:

A bill to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto incorporating the mayor and aldermen of said city relative and supplementary thereto; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 391. By Mr. Coogle of Macon:
A bill to amend section 2 of an act approved August 9, 1912, entitled an act creating a board of commissioners of roads and revenues for the County of Macon; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 416. By Mr. Hampton of Fannin:
A bill to amend an act to create the office of commissioner of roads and revenues of Fannin County, approved August 10, 1920, etc.; and for other purposes.
Referred to Committee on Municipal Government.

HB 421. By Mr. Dykes of Bleckley:
A bill fixing salaries for elective county officials in the County of Bleckley; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 429. By Messrs. Towill, Morris and Eve of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this state having a population of between 81,000, according to the United States census of 1940, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 447. By Mr. Knabb of Charlton:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Charlton by reducing and rearranging the road districts; and for other purposes.
Referred to Committee on Counties and County Matters.

514

JOURNAL OF THE SENATE;

HB 451. By Mr. Oden of Pierce:
A bill to consolidate and revise the charter of the City of Blackshear; and for other purposes.
Referred to Committee on Municipal Government.

HB 476. By Mr. Pulliam of Elbert:
-A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700, according to the United States census of 1940; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 477. By Messrs. Jordan and Dobbs of Gwinnett: A bill to amend an act entitled an act to fix the salary of the treasurer of Gwinn~tt County in lieu of commissions as paid; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 478. By Messrs. Mavity and Crowe of Walker:
A bill to create a new charter for the City of Rossville; to provide for a mayor and council foi;IIl of government; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 481. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the board of commissioners of roads and revenue for Glynn County, so as to authorize said commissioner to levy a tax for school purposes; and for other purposes.
Referrel to Committee on Counties and County Matters.

HB 486. By Mr. Wells of Clarke:
A bill to prohibit and to regulate within the territorial limits of any county in this state with a certain population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 491. By Mr. Swindle of Berrien:
A bill to amend the act passed by the General Assembly of Georgia creating a board of commissioners of roads and revenues of Berrien County, directing the present board of commissioners of roads and revenues to sell the county farm; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, MARCH 17, 1947

515

HB 492. By Mr. Swindle of Berrien: A bill to amend the act of Georgia creating a board of commissioners of roads and revenues of Berrien County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 493. By Mr. Bradley of Tattnall: A bill to incorporate the City of Reidsville, by abolishing the present charter of said city and writing a new charter for the same; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to authorize the officers of any county of this state having a certain population, who have charge of records, including the clerks of the several courts of such county, the ordinary or court of ordinary of such county, to install and use photostatic equipment in recording and copying such records and in furnishing copies thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 495. By Messrs. Smith and Reid of Carroll: A bill to extend the corporate limits of the City of Carrollton three-fourths of a mile beyond the territorial limits now fixed; and for other purposes.
Referred to Committee on Municipal Government.

HB 500. By Messrs. Witherington of Wilcox, Yawn of Dodge, Walker of Ben Hill and Chalker of Pulaski:
A bill to amend section 45-601 of the Code of 1933 relating to open season for taking shad from the waters of the state; and for other purposes.
Referred to Committee on Game and Fish.

HB 504. By Messrs. Gowen and Nightingale of Glynn: A bill to amend an act creating a new city court of Brunswick, so as to increase the salaries of the judge and solicitor of such court; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 508. By Mr. Whaley of Telfair: A bill to establish and constitute a new charter for the City of Milan;. to provide for the duties of mayor; and for other purposes.
Referred to Committee on Municipal Government.

516

JOURNAL OF THE SENATE,

HB 509. By Mr. Whaley of Telfair:
A bill to amend an act of the General Assembly, creating the office of commissioner of roads and revenues for the County of Telfair; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 510. By Mr. Gan:ison of Habersham:
A hill to amend an act establishing the city coun of Habersham County, providing for the qualifications, terms and compensation of the solicitor of said court; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 512. By Mr. Garrison of Habersham:
A bill to extend the hunting season for squirrels in counties of not more than 14,780 and n!)t less than 14,760 population from November 1 to February 1 of each season after the passage of this act; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 513. By Mr. Cowart of Calhoun:
A bill to require the commissioners of roads and revenues of Calhoun County to make and publish quanerly statements of county expenditures; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 514. By Mr. Cowart of Calhoun:
A bill to abolish the offices of tax collector and tax receiver in the County of Calhoun; to consolidate the offices of tax receiver and tax collector; and for other purposes.
Referred to Committee qn Counties and County Matters.

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to amend the charter of the City of Villa Rica, by extending city limits as now defined so as to take in additional terinory, including what is known as limits of Town of Fullerville; and for other purposes.
Referred to Committee on Municipal Government.

HR 109. By Mr. Hand of Mitchell:
A resolution providing for the continuation of the survey of Georgia's school system; and for other purposes.
Referred to Committee on Education.

MONDAY, MARCH 17, 1947

517

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 103.

SB 104.

SB 105.

SB 98.

SR 28.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President.t

Your Committee on Engrossing and Enrolling has read and examined the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 115.

SB 118.

SB 119.

SB 120.

SB 121.

SB 122.

SB 123.

Respectfully submitted,

Wideman of 46th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 290. Do Pass.

SB 112. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

518

JOURNAL OF THE SENATE,

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

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

HB 176. Do Pass.

Respectfully submitted,
Woodall of 25th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Gover"nment has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 482. Do Pass. HB 469. Do Pass. HB 464. Do Pass. HB 470. Do Pass. HB 462. Do Pass. HB 414. Do Pass. HB 405. Do Pass. HB 489. Do Pass. HB 407. Do Pass. HB 317. Do Pass. HB 479. Do Pass. HB 485. Do Pass.

Respectfully submitted,
Darby of 15th District, Chairman

Mr. Millican of the 52nd District, chairman of the Committee on Finance, submitted the following report:

Mr. President:

Your Committee on Finance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 8. Do Pass, as amended.

Respectfully submitted,

Millican of 52nd District, Chairman

MONDAY, MARCH 17, 1947

519

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

SB 112. By Senator Millican of the 52nd:
A bill to provide that all counties in this state having a population of 300,000 or more inhabitants, according to the United States census of 1940, or any future United States census, shall have power and authority, by action of the board of commissioners of roads and revenues thereof or other county authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of business in any areas of said counties not embraced within the incorporated limits ofmunicipalities; and for other purposes.

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to amend section 56-101 of the Georgia Code so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; to fix the amount of the bond of the deputy insurance commissioners; and to amend section 56-102 of the Georgia Code 1933 as amended by an act approved March 20, 1943, so as to fix the salaries of the chief deputy and each deputy insurance commissioner; and for other purposes.

HB 290. By Mr. Bruton of Cook:
A bill to amend an act entitled an act to create a board of commissiOners of roads and revenues in and for the County of Cook, consisting of three (3) members; to define their qualifications, powers and duties, and to provide for their compensation; and for other purposes.

HB 317. By Messrs. Hicks, Littlejohn and Covington of Floyd:
A bill to amend an act creating a new charter for the City of Rome so as to authorize the issuance of bonds of said city; and for other purposes.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to amend the charter of the Town of Adairsville so as to change the corporate limits thereof; and for other purposes.

HB407. By Mr. Wells of Clarke:
A bill to amend an act relating to the Town of Athens; to fix the time for the fixing of salaries or other compensation of ilie officers and employees of ilie City of Athens; and for other purposes.

520

JOURNAL OF THE SENAT:&,

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:

A bill authorizing the mayor and aldermen of the Town of Thunderbolt to close what is claimed to be a street in a strip of land formerly known as the "Doyle Triangle Lot"; and for other purposes.

HB 462. By Mr. Kendrick of Fulton:
A bill to create a new charter for the City of East Point so as to provide for the payment of disability benefits under the employees' retirement charter; to provide when benefits are to be paid; and for other purposes.

HB 464. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act to create a new charter for the City of East Point; to change the term of office of aldermen and mayor; and for other purposes.

HB 469. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to extend the corporate limits thereof; to submit a referendum to the people to be annexed; and for other purposes.

HB 470. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act to establish a new charter for the City of Atlanta so as to extend the corporate limits thereof; to extend police powers to the new areas to be included ; and for other purposes.

HB 479. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; to provide for the annexation of additional territory in the City of Cedartown; and for other purposes.

HB 482. By Mr. Morrison of Montgomery:
A bill to amend an act to incorporate the Town of Ailey; so as to authorize the town to provide by an ordinance for the paving of sidewalks and streets, installation of gutters and curbs; to provide the manner how it shall be paid; and for other purposes.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to amend an act to amend, consolidate and supersede the several acts incorporating the City of Thomaston so as to change the method of tax assessments and collections; and for other purposes.

MONDAY, MARCH 17, 1947

521

HB 489. By Messrs. Elliott, Holfeman and Shields of Muscogee: A bill to amend the charter of the City of Columbus; to extend the corporate limits of said city; and for other purposes.
The following privileged resolution was read and adopted:
By Senator Millican of the 52nd, Daniell of the 49th and Parker of the 54th:

A RESOLUTION
WHEREAS, the Honorable Wishart McLea Robertson of Ottawa, Canada, is a visitor in our city today, and
WHEREAS, the said person is a member of the Canadian Senate and a high ranking statesman of his country,
THEREFORE, be it resolved by the Georgia State Senate that the Honorable Wishart McLea Robertson be given the privilege of the floor of the Senate.

The president pro tempore named as a committee to escort Hon. Wishart McLea Robertson to the president's stand the following Senators:
Senators Daniell of the 49th,
Millican of the 52nd and
Parker of the 54th.
The president pro tempore presented to the Senate Hon. Wishart McLea Robertson of Ottawa, Canada, who briefly addressed the Senate.
Senator Woodall of the 25th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Education, read the second time and recommitted:

HB 176. By Messrs. Kenimer of Harris, Stevens of Marion and Lewis of Hancock:
A bill to amend an act relating to the powers and duties of the county board of education; and for other purposes.
The consent was granted.

Senator Knox of the 29th asked unanimous consent that the following bills be with drawn from the Committee on Insurance, read the second time and recommitted:
HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to authorize every insurance company organized and doing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.

522

JOURNAL OF THE SENATE,

HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia:

A hill to amend an act relating to organization of hoards and directors of insurance companies; and for other purposes.

HB 242. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Ray of Warren and Smith of Fulton:
A hill to amend an act relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and for other purposes.

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, Ray of Warren, Avera of Crawford and Covington of Floyd:
A hill relating to the regulations of rates for casualty insurance including fidelity, surety and guaranty bonds and for all other forms of motor vehicle insurance; and for other purposes.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, Smith of Emanuel, Ray of Warren, Avera of Crawford and Covington of Floyd:
A hill to regulate the making and applying of rates for fire, marine and inland marine insurance which shall not he excessive, inadequate or unfairly discrimi natory; and for other purposes.
The consent was granted.
The following local uncontested hills of the Senate and House were read the third time and put upon their passage:

SB 126. By Senator Dean of the 34th:
A hill to amend an act entitled "Rockdale Commissioner's Office" created, approved February 18, 1941 (Ga. Laws 1941, pp. 952-958), by striking the figures "$400.00" as appears in section 8, and substituting in lieu thereof the figures "$800.00", etc.; 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 44, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 127. By Senator Dean of the 34th:
A hill to amend an act entitled "Rockdale Tax Commissioner created", approved February 26, 1943 (Ga. Laws 1943, pp. 1106-1109), by adding to section 3 a pro vision authorizing a commission of 10% on all taxes collected in excess of 90% of the total taxes, etc.; and for other purposes.

MONDAY, MARCH 17, 1947

523

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 344. By Mr. Meeks of Union:
A bill to abolish the offices of tax collector and tax receiver in Union County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act pertaining to pensions for members of police and fire departments in counties of 200,000 or over; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain a bus terminal; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to amend an act of the General Assembly of Georgia, approved November 18, 1901, entitled an act to establish the city court of Polk County, in the City of Cedartown, in and for the County of Polk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

524

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to amend an act approved August 3, 1927, entitled an act to re-enact .the charter of the City of Macon contained in the act approved August 17, 1914; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 444. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the Town of Doraville so as to provide a new charter under the name of the City of Doraville, to fix rights, priorities and jurisdictions; to fix limits of the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend the charter of the City of Stone Mountain, approved August 21, 1929, so as to extend the corporate limits thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia, for a period of five years, providing penalties therefor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH ~7, 1947

525

HB 465..By Messrs. Elliott, Holleman and Shields of Muscogee:

A bill to amend an act to amend the charter of the City of Columbus so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 268. By Messrs. Smith of Emanuel, Sills of Candler, McMillan and Moye of Washington, McCracken of Jefferson, Williams of Toombs and Edenfield of Emanuel:
A bill to amend an act providing for a salary of $200.00 per month for the official court reporter of the Middle 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 310. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A bill to amend an act creating the municipal court of Atlanta; to provide for jurisdiction as to subject matter; to provide costs to be charged and collected; to provide for jurors and their pay; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 319. By Mr. Tuten of Appling:
A bill to amend an act creating a new charter for the City of Baxley, so as to provide that the mayor shall serve for a term of two years; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

526

JOURNAL OF THE SENATE,

HB 338. By Mr. Watford of Long:
A bill to amend an act creating the board of commissioners of roads and revenues of Long County, by striking from line 11, section 15, the figures $50.00 and inserting in lieu thereof $75.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Callaway of the 35th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 125. By Senator Callaway of the 35th:
A bill to amend section 92-3120 of the Ga. Code pertammg to the gain or loss of exchange of property by adding at the end thereof a subsection (g) permitting, in accordance with the same terms set forth in section 112 (b) (6) of the Federal Internal Revenue Code, a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss; and for other purposes.
The consent was granted.

The following resolution of the House was read and adopted:
I
HR 108. By Mr. Hinson of Ware:
A resolution to commend the Georgia delegation in the national Congress for to the active support they gave in securing passage of the GeorgeBarden act; and for other purposes.
Senator Millican of the 52nd asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:

HR 77. By Messrs. Smith of Bryan, Johnson and Mallard of Bulloch:
A resolution to authorize the state to survey and establish a true line between the counties of Bulloch and Bryan; and for other purposes.
As a continuing order of business the remaining sections of the following bill of the House were taken up for consideration:

HB 21. By Mr. Crowe of Worth:
A bill to make appropriations for the operation of the state government; and for other purposes.

MONDAY, MARCH 17, 1947

527

Senator Millican of the 52nd moved that the Senate continue in session today until 2:00 o'clock and when the Senate adjourn, it stand adjourned until 9:30 tomorrow morning.
The motion prevailed. Sections 37 and 38 were adopted. Section 39 was read.

Senator Baker of the 42nd District moves to amend HB 21, by striking from section 39 thereof the figures $100,000.00 and by inserting in lieu thereof the figures $115,000.00.
The amendment was adopted. Section 39 was adopted as amended. Sections 40, 41 and 42 were adopted. Section 43 was read.

Committee moves to amend section 43 of HB 21 by striking the sum of $130,000.00 and inserting in lieu thereof the sum of $175,000.00.
The amendment was adopted. Section 43 was adopted as amended. Section 44 was adopted. Section 45 was read.

Committee moves to amend HB 21, section 45 by adding at the end of the said section a proviso to read as follows:
In the event the bill with reference to practical nurses is passed by the General Assembly and approved by the Governor, an additional appropriation of $12,600.00 is hereby made available; in the event the bill with reference to the plumbers' board is passed by the General Assembly and is approved by the Governor, an additional appropriation of $5,000.00 is hereby made available; in the event the bill pertaining to the funeral directors is passed by the General Assembly and approved by the Governor, an additional appropriation of $2,000.00 is hereby made available and in the event the bill pertaining to the notary public is passed and approved by the Governor, an additional appropriation of $3,000.00 is hereby made available.

Committee moves to amend section 45 of HB 21 by inserting a new subsection at the end of the present section to read as follows:
(c) For cost of new equipment and repair work necessary to house, preserve and restore records of state entrusted to the care of the Secretary of State $10,000.00.
The amendment was adopted.
Section 45 was adopted as amended. Section 46 was read.

528

JOURNAL OF THE SENATE,

Committee moves to amend section 46 of HB 21 by adding the following proviso:
"Provided, that this appropriation or such balance as remains shall cease to be available if the General Assembly of 1947 should fail to enact additional legislation to finance the construction of state ports."
The amendment was adopted.
Section 46 was adopted as amended.
Sections 47, 48, 49, 50, 51 and 52 were adopted.
Section 53 was read.

Committee moves to amend section 53 of HB 21 by adding the following proviso:
"Provided that in the administration of this act by the budget authorities, if the income of the state in any year is insufficient to pay the appropriations provided in the foregoing sections in full, the reduction necessary in appropriations shall first apply to the amount of the increase in appropriations made in the foregoing sections above the actual appropriations in force and effect December 31, 1946."
The amendment was adopted.
Section 53 was adopted as amended.
Section 54 was read.

Committee moves to amend section 54 of HB 21 by striking in its entirety the second paragraph of the section pertaining to 50% teachers' salaries and bus drivers salaries, which immediately precedes subsection (a) and further moves to amend section 54 by striking subsection (a) in its entir~ty.
The amendment was adopted.

Committee moves to amend section 54 of HB 21 by inserting a new subsection to read as follows:
"(a.l) For grants to counties for common school building equalization fund under rules and regulations established by the State Board of Education_______$1,500,000.00 Provided, that this appropriation shall be reduced to $1,000,000.00 for each year after the first year."
Senator Hooks of the 16th and Woodall of the 25th offered the following amendment to the amendment:
Amend section 54, subsection AI, by eliminating the last sentence which reads as follows: "Provided, that this appropriation shall be reduced to $1,000,000.00 for each year after the first year."
The amendment to the amendment was adopted.
The amendment was adopted as amended.

MONDAY, MARCH 17, 1947

529

Committee moves to amend section 54, subsection (c), second paragraph of HB 21 by striking the sum of $5,000,000.00 and inserting in lieu thereof the sum of $5,000,000.00 and by adding the following proviso:
"Provided, that this appropriation be reduced to $3,500,000.00 for the second year and each year thereafter and provided further, that the first $1,850,000.00 or any part thereof received on this appropriation shall be expended on a prorata basis for the facilities necessary in the establishment of the school of veterinary medicine of $1,000,000.00 and for improvement of the facilities of the Georgia School of Technology Textile School of $850,000.00."

Senator Carswell of the 17th offered the following amendment to the amendment:
Amend the amendment to section 54, subsection (c) paragraphs by striking the figure $3,500,000 and inserting in lieu thereof the figure $5,000,000."
On the adoption of the amendment to the amendment Senator Carswell of the 17th called for the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Brown Bush Butler Carswell Coker Ferguson Griffith

Hodges Hogg Huckeba Killingsworth Knox Logan Millican Overstreet Pannell

Parker Ramsey Seay Sumner Trippe Wells Williams Woodall Yates

Those voting in the negative were Senators:

Blitch Branch Burks Callaway Darby Dorsey

Hooks Kennon Kiker Mason Mitchell Richardson

Tarbutton Tippins Walker Weaver

Not voting were Senators Adams, Boone, Daniell, Howard, Miller, Odom, Sams, Smiley and Wideman.

On the adoption of the amendment to the amendment, the ayes were 27, nays 16, and the amendment was adopted.

The amendment was adopted as amended.

Committee moves to amend section 53, subsection (d) of HB 21 by striking the sub section in its entirety.

The amendment was adopted.

530

JOURNAL OF THE SENATE,

Committee moves to amend section 54, subsection (g) by adding after the word "subsection" in the last line the following words "or in the event the Hill-Burton act is not effective the basis of the expenditure shall be 1/3 by the State of Georgia and 2/3 by the local political subdivisions."

The amendment was adopted.

Senator Sumner of the lOth:
Moves to amend HB 21, part of section 54, under paragraph G, by striking out the provisions of the Hill-Burton act of the U. S. Congress in its entirety. The basis of the expenditure of this appropriation shall be one-third participation between the cost by the State of Georgia and two-thirds borne by the local hospital subdivision ---------------------------------------------------------------------------------------------------------$2,000,000.00
The amendment was adopted.
Section 54 was adopted as amended.

Senator Sumner of the- lOth offered the following amendment:
Moves to amend HB 21 by inserting another section known as section 51-A, which will read as follows: For grants to political subdivision of Georgia for aid in establishing, constructing and equipping hospital facilities on the basis of expenditure of the appropriation in the cost that the local organization or subdivision shall read one-third by the State of Georgia and two-thirds by the local communities or hospital authorities_______________________________________________________________________$1,000,000.00
The amendment was adopted.
Senator Parker of the 54th District moves to amend HB 21, the same being the general appropriations act of 1947, by adding thereto the following:
There is further appropriated to the Georgia agricultural experiment stations for the purpose of matching federal appropriations for agricultural research, as provided by title I, public law 773-79th Congress, the sum of one hundred twenty-one thousand ($121,000.00) dollars for the fiscal year of 1947-1948 and the sum of two hundred forty-two thousand ($242,000.00) dollars for the fiscal year of 19481949, which sums shall be in addition to all sums heretofore appropriated to said Georgia agricultural experiment stations for the fiscal years of 1947-1948, 1948-1949.
It is further provided that the sum of one hundred twenty-one thousand ($121,000.00) dollars for the fiscal year of 1947-1948 and the sum of two hundred forty-two thousand ($242,000.00) dollars for the fiscal year of 1948-1949 are appro priated to the board of regents of the University System of Georgia for the purpose of matching federal appropriations for marketing research of agricultural products under title II of public law 773-79th Congress, said sums to be in addition to all other funds appropriated to said Board of Regents of the University System of Georgia for the fiscal years 1947-1948, 1948-1949.
The amendment was adopted.

MONDAY, MARCH 17; 1947

531

Senator Millican of the 52nd, vice chairman of the Rules Committee, announced that further action on HB 21 would be withheld pending action on revenue raising measures now in the Senate.

Senator Millican of the 52nd moved that the Senate do now adjourn and the motion prevailed.

The president pro tempore announced the Senate adjourned until 9:30 o'clock tomorrow morning.

532

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, March 18, 1947.

The Senate met pursuant to adjournment .at 9:30 o'clock this morning and was called to order by the president pro tempore.

Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson Griffith

Gwyn Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet Pannell

Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The Committee on Rules established the following 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. 5. Consideration of local uncontested bills and resolutions.

6. Consideration of SB 107 and HB 8.

TUESDAY, MARCH 18, 1947
The following resolution was read and adopted:
By Senator Parker of the 54th District:
WHEREAS, the girls basketball team of the Baxley High School did win the State class B championship; and,
WHEREAS, Baxley, Georgia, is the county seat of Appling county and is the home of the author of this resolution; and,
WHEREAS, the Senator of the 54th District being extremely proud of this team and desires to give them and their coach proper public and official recognition of the honor bestowed upon them;
THEREFORE, Be It Resolved by the Georgia State Senate, that the girls basketball team of Baxley High School and their coach, Mr. Bob Davia, be most highly commended for winning the State class B championship and for bringing this honor to Appling county.
BE IT FURTHER RESOLVED, that each member of the team and the coach be sent a copy of this resolution.
The president pro tempore recognized in the gallery the government class of Carrollton High School, Carrollton, Georgia, with their teacher, Mr. H. G. Maddox.

The following report of the committee on conference on HB 16 was read by the secretary:

The committee on conference appointed by the president pro tempore of the Senate

and speaker of the House on HB 16 have agreed on an amendment by Senator Williams

of the 31st District, said amendment now attached to the main bill, and we respectfully

ask that this conference report be adopted.

1

Mason of 30th District, chairman Richardson of 14th District

Williams of 31st District Mathews of Peach

Garrard of Wilkes

Cheek of Franklin

Senator Williams of the 31st moved that the Senate agree to the report of the com mittee on conference.
On the motion to agree, the ayes were 29, nays 0, and the report was agreed to.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted the report of the committee of conference on the following
bill of the House, to wit:

JOURNAL OF THE SENATE,
HB 16. By Mr. Cheek of Franklin: A bill to create the office of commissioners of roads and revenues for the County of Franklin; and for other purposes.
The following message was received from the House through Mr. Boone, the clerk thereof:
:Mr. President: The House has passed by the requisite constitutional majority the following bills of the
House and Senate, to wit:

SB 70. By Senator Millican of the 52nd:
A bill to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system; and for other purposes.

SB 106. By Senator Boone of the 21st:
A bill to provide for the holding of four terms each year of Wilkinson superior court, to provide for the grand jury terms, to presciibe and fix the time for hold ing the same; and for other purposes.

HB 197. By Messrs. Smith and Reid of Carroll:
A bill to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.

HB 250. By Messrs. Kenimer of Harris, Garland of Butts, Huddleston of Fayette, and others:
A bill to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and other State supported schools; and for other purposes.

HB 254. By Messrs. Mason of Morgan and Williams of Jones:
A bill to authorize the Governor to fix the compensation of the director of ento mology; to repeal conflicting laws; and for other purposes.

HB 281. By Mr. Welsch of Cobb:
A bill to repeal sections 36 and 37 of act of 1945 pertaining to "registration of divorces and annullment registration fee"; and for other purposes.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejohn of Floyd and others:

A bill to regulate the practice of embalming and funeral directing in this state;

and for other purposes.

,

TUESDAY, MARCH 18, 1947

535

HB 383. By Messrs. Cates of Burke and Thompson of Meriwether:

A bill to amend an act of the General Assembly pertaining to the salary of coroners in Georgia with certain population; and for other purposes.

HB 384. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to amend an act to authorize and empower the commissioners of Chatham County and ex-officio judges thereof to create a pension board; and for other purposes.

HB388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to article XI, section VI, of the Constitution of Georgia to create a joint city county board of health for the City of Macon and the County of Bibb; and for other purposes.

HB 389. By Messrs. Vandiver, Wilson and Kemper .of Bibb:
A bill to authorize the City of Macon and Bibb county to set up a planning and zoning board; and for other purposes.

HB 443. By Mr. Rowland of Johnson:
A bill to authorize the mayor and council of Wrightsville, Johnson county, to incur a bonded indebtedness for the purpose of refunding and retiring a portion of the existing bonded indebtedness; and for other purposes.

HB 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes, Greer of Lanier, and others:
A bill to amend an act pertaining to an act to prevent the introduction into and dissemination within the State of Georgia of contagious diseases of honey bees; and for other purposes.

HB 457. By Messrs. Evans, Smith and Skinner of Chatham:
A hill to provide an additional judge to preside regularly in the superior court of the Eastern judicial circuit of Georgia so as to make two judges in said court; and for other purposes.

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:
A hill to provide for payment hy the State highway department of Georgia for rights of way to counties when rights of way are not used for highway purposes within three years; and for other purposes.

536

JOURNAL OF THE SENATE,

JIB 459. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to grant to the various counties and State highway department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways; and for other purposes.

JIB 488. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to amend an act approved August 3, 1927, establishing a charter for the City of .Macon, prohibiting affiliations by members of the police or fire departments of the City of Macon with another organization which holds, claims or exercises the right to demand of its membership obedience to an order of strike for any cause, and providing a penalty of discharge upon violation of said section; and for other purposes.

HB 505. By Mr. Cheek of Franklin:
A bill to amend an act entitled an act to revise and amend laws of Georgia in respect to divorces, etc.; and for other purposes.

HB 517. By Mr. Green of Rabun:
A bill to prescribe the method by which incorporated cities or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.

HB 519. By Mr. Garrison of Habersham: A bill to amend the charter of the City of Clarkesville; and for other purposes.

HB 521. By Mr. Harrison of Wayne:
A bill to amend the act incorporating the City of Jesup, approved December 16, 1937; and for other purposes.

HB 523. By Mr. Massey of Dade: A bill to provide a new charter for the City of Trenton; and for other purposes.

HB 524. By Mr. Dorsey of White:
A bill to amend and supersede an act incorporating the Town of Cleveland; to create a new charter for said corporation; and for other purposes.

HB 525. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.

TUESDAY. MARCH 18, 1947

537

HB 526. By Messrs. Etheridge, Kendrick and Smi!h of Fulton, Hubert, Howard and McWhorter of DeKalb:
A bill to establish a metropolitan planning district for Fulton 11nd DeKalb counties; and for other purposes.

HB 527. By Mr. Lewis of Hancock:
A bill to provide that the ordinary, sheriff and clerk of the superior court of a county in this State having a certain population shall designate the official organ for publishing legal advertisements in a newspaper in said county; and for other purposes.

HB 532. By ~lr. Brantley of Tattnall:
A bill to abolish the offices of tax collector and tax receiver in the County of Taunail; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted by the requisite constitutional majority the following resolutions
of the House and Senate, to wit:

SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 of the Constitution of the State of Georgia of 1945 to extend coverage of pensioh system for Fulton county employees; and for other purposes.

HR 34. By Messrs. MeWhorter, Howard and Hubert of DeKalh:
A resolution proposing to the qualified voters of Georgia an amendment to the constitution so as to provide for school district in the County of DeKalb; and for other purposes.

HR 35. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution providing that the General Assembly may grant to the governing authority of DeKalb county the right to construct or repair streets and sidewalks and to l!lY curbing; and for otlwr purposes.

HR 61. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment or both, upon any part of or all the real property in said county; and for other purposes.

538

JOURNAL OF THE SENATE,

HR 67. By Messrs. Etheridge, Kendrick. and Smith of Fulton, and others:

A resolution proposing to the people 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.

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for repeal of amendment to article 7, section 4, paragraph 15 of the Constitution of 1945, as it relates to Bibb county; and for other purposes.

HR 83. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph I of the Constitution of Georgia of 1945, so as to provide for the division of Spalding county into school districts; and for other purposes.

HR 90. By Mr. Adams and Mr. Hurt of Polk:
A resolution proposing to the qualified voters an amendment to paragraph I, section 5, article 8 of the Constitution providing a county hoard of education for Polk county; and for other purposes.

HR 92. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution providing that the General Assembly of Geo~gia shall he authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus; and fer other purposes.

HR 96. By Messrs. Etheridge, Kendrick and Smith of Fulton: A resolution proposing a constitutional amendment to permit Fulton county to col lect business licenses; and for other purposes.
HR 97. By Messrs. Etheridge, Kendrick and Smith of Fulton: A resolution proposing a constitutional amendment authorizing and ratifying exten sion ~f civil service system of Fulton; and for other purposes.

TUESDAY, MARCH 18, 1947

539

HR 98. By Messrs. MeWhorter,. Hubert and Howard of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing and providing that the county board of education of DeKalb county may levy a tax for school purposes; and for other purposes.

HR 104. By Mr. Willoughby of Clinch:
A resolution proposing to the qualified voters an amendment to provide for the division of Oinch county into school districtg; and for other purposes.

HR 105. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters an amendment so as to provide that the department of health of the City of Columbus may be combined with the de partment of health of Muscogee county; and for other purposes.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 126.

SB 127.

SR 29.

Respectfully subm,itted,

Wideman of 46th District, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:

Your Committee on Engrossing and Enrolling has read and examined the following bills and/or resolutions of lhe Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to His Excellency, Governor Herman E. Talmadge:

SB 70.

SB 106.

SR 13.

Respectfully submitted,

Wideman of 46th District, Chairman

540

JOURNAL OF THE SENATE,

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

HB 197. By Messrs. Smith and Reid of Carroll:
A bill to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 250. By Messrs. Kenimer of Harris, Garland of Butts, Huddleston of Fayette, and others:
A bill to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and other State supported schools; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 254. By Messrs. Mason of Morgan and Williams of Jones:
A bill authorizing the Governor to fix the compensation of the director of ento mology; to repeal conflicting laws; and for other purposes.
Referred to Committee on Special Judiciary.

HB 281. By Mr. Welsch of Cobb:
A bill to repeal sections 36 and 37 of act of 1945 pertaining to "registration of di vorces and annulment registration fee"; and for other purposes.
Referred to Committee on Special Judiciary.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejolrn of Floyd, and others:
A bill to regulate the practice of embalming and funeral directing in this State; and for other purposes.
Referred to Committee on Public Welfare.

HB383. By Mr. Willingham of Cobb:
A bill to amend an act of the General Assembly pertaining to the salary of coroners in counties with certain population; and for other purposes.
Referred to Committee on CoUJities and County Matters.

TUESDAY, MARCH 18, 1947

541

HB 384. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to amend an act to authorize and empower the commiSSioners of Chatham county and ex-officio judges thereof to create a pension board; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to article XI, section VI, of the Constitution of Georgia to create a joint city county board of health for the City of Macon and the Gounty of Bibb; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HB 389. By Messrs. Vandiver, Wilson and Kemper of Bibb:
A bill to authorize the City of Macon and Bibh ,county to set up a planning and zoning board; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HB 443. By Mr. Rowland of Johnson:
A bill to authorize the mayor and council of Wrightsville, Johnson county, to incur a bonded indebtedne;s for the purpose of refunding and retiring a portion of the existing bonded indebtedness; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HB 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes, Greer of Lanier, and others:
A bill to amend an act pertaining to an act to prevent the introduction into and dissemination within the State of Georgia of contagious diseases of honey bees; and for other purposes.
Referred to Committee on Public Health.

HB 457. By Messrs. Evans. Smith and Skinner of Chatham;
A bill to provide an additional judge to preside regularly in the superior court of the Eastern judicial circuit of Georgia so as to make two judges in said court; and for other purposes.
Referred to Committee on Counties and County Matters.

542

JOURNAL OF THE SENATE,

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:

A bill to provide for payment by the State highway department of Georgia for rights of way to counties when rights of way are not used for highway purposes within three years; and for other purposes.

Referred to Committee on Public Highways.

HB 488. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to amend an act approved August 3, 1927, establishing a charter for the City of Macon, prohibiting affiliations by members of the police or fire departments of the City of Macon with another organization which holds, claims or exercises the right to demand of its membership obedience to an order of strike for any cause, and providing a penalty of discharge upon violation of said section; and for other purposes.
Referred to Committee on Municipal Government.
HB 459. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to grant to the various counties and State highway department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and high ways; and for other purposes.
Referred to Committee on Public Highways.

HB 505. By Mr. Cheek of Franklin: A bill to amend an act entitled an act to revise and amend laws of Georgia in respect to divorces, etc.; and for other purposes.
Referred to Committee on Special Judiciary.
HB 517. By Mr. Green of Rabun: A bill to prescribe the method by which incorporated cities or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.
Referred to Committee on Municipal Government.
HB 519. By Mr. Garrison of Habersham: A bill to amend the charter of the City of Clarkesville; and for other purposes.
Referred to Committee on Municipal Government.

TUESDAY, MARCH 18, 1947

543

HB 521. By Mr. Harrison of Wayne:

A bill to amend the act incorporating the City of Jesup, approved December 16, 1937; and for other purposes.

Referred to Committee on Municipal Government.

HB 523. By Mr. Massey of Dade: A bill to provide a new charter for the City. of Trenton; and for other purposes.
Referred to Committee on Municipal Government.

HB 524. By Mr. Dorsey of White: A bill to amend and supersede an act incorporating the Town of Cleveland; to create a new charter for said corporation; and for other purposes.
Referred to Committee on Municipal Government.

HB525. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB526. By Messrs. Etheridge, Kendrick and Smith of Fulton; Hubert, Howard and Me Whorter of DeKalb:
A bill to establish a metropolitan planning district for Fulton and DeKalb counties; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 527. By Mr. Lewis of Hancock:
A bill to provide that the ordinary, sheriff and clerk of the superior court of a county in this State having a certain population shall designate the official organ for publishing legal advertisements in a newspaper in said county; and for other purposes.
Referred to Committee on Counties and County Matters.

544

JOURNAL OF THE SENATE,

HB 532. By .Mr. Brantley of Tattnall:
A bill to abolish the offices of tax collector and tax receiver in the county of Tau. nail; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 34. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to the constitution so as to provide for school district in the County of DeKalb; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 35. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to provide that the General Assembly may grant to the governing authority of DeKalb county, the right to construct or repair streets and sidewalks and to lay curbing; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 61. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment or both, upon any part of or all the real property in said county; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 67. By Messrs. Etheridge, Kendrick and Smith of Fulton; Hubert, Howard and .McWhorter of DeKalb:
A resolution proposing to the people of the State of Georgia an amendment to article VII, section Vll, paragraph V of the Constitution of Georgia as amended August 13, 1945; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for repeal of amendment to article 7, section 4, paragraph 15 of the Constitution of 1945, as it relates to Bibb county.
Referred to Committee on Amendments to the Constitution.

HR 83. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Spalding county into school districts; and for other purposes.
Referred to Committee on Amendments to the Constitution.

TUESDAY, MARCH 18, 1947

545

HR 90. By Messrs. Adams and Hurt of Polk:
A resolution proposing to the qualified voters an amendment to paragraph 1, section .5, article 8 of the constitution providing a county board of education for Polk county; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 92. By Messrs. Elliott, Holleman and Shields of :\fuscogee:
A resolution to provide that the General Assembly of Georgia shall be authorized io pass a special act or acts to merge the existing independent school system of the City of Columbus; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 96. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment to permit Fulton county to collect business licenses; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 97. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment authorizing and ratifying ex tension of civil service system of Fulton; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 98. By Messrs. McWhorter, Hubert and Howard of DeKa!b:
A resolution proposing to the qualified voters of Georgia an amendment to the constitution authorizing and providing that the county board of education of DeKalb county may levy a tax for school purposes; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 105. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters an amendment so as to provide that the department of health of the City of Columbus may be combined with the department of health of Muscogee county; and for other purposes.
Referred to Committee on Amendments to the Constitution.

HR 104. By Mr. Willoughby of Clinch:
A resolution proposing to the qualified voters an amendment to provide for the division of Clinch county into school districts; and for other purposes.
Referred to Committee on Amendments to the Constitution.

546

JOURNAL OF THE SENATE,

Mr. Smiley of the 2nd District, chairman of the Committee on Motor Vehicles, submit ted the following report:

Mr. President:
Your Committee on Motor Vehicles has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 238. Do Pass.

Respectfully submitted,
Smiley of 2nd District, Chairman

Mr. Pannell of the 43rd District, chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:

Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 27. Do Not Pass.

Respectfully submitted,

Pannell of 43rd District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County
.. Matters, submitted. the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 129. Do Pass.

HB 491. Do Pass.

HB 492. Do Pass.

HB. 477. Do Pass.

HB 478. Do Pass.

HB 510. Do Pass.

HB 339. Do Pass.

HB 504. Do Pass.

Respect~ submitted,
Hogg of 24th District, Chairman

TUESDAY, MARCH 18, 1947

547

Mr. Boone of the 21st District, chairman of the Committee on General Judiciary, sub ruitted the following report:

Mr. President: Your Committee on General Judiciary has had under consideration the following bills
of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 67. Do Not Pass.
HB 265. Do Pass, as amended.
HB 174. Do Pass.
HB 175. Do Pass.
HB 182. Do Pass.
HB 107. Do Not Pass.
Respectfully submitted,
Boone of 21st District, Chairman

Mr. Knox of the 29th District, vice-chairman of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance has had under consideration the following bills of the
Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 107. Do Pass.
HB 84. Do Not Pass.
HB 212. Do Pass.
HB 213. Do Pass.
HB 242. Do Pass.
HB 243. Do Pass, as amended.
HB 244. Do Pass, as amended.
Respectfully submitted,
Knox of 29th District, Vice-Chairman

548

JOURNAL OF THE SENATE,

l\ir. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 416. HB 516. HB 474. HB 495. HB 160. HB 390. HB 413.

Do Pass. Do Pass. Do Pass. Do Pass. Do Not Pass. Do Pass. Do Pass.

Respectfully submitted, Darby of 15th District, Chairman

Mr. Millican of the 52nd District, chairman of the Committee on Finance, submitted the following report:

J\Ir. President:
Your Committee on Finance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 154. Do Not Pass.

Respectfully submitted, Millican of 52nd District, Chairman

.Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 219. HB 421. HB 481. HB 513. HB 514. HB 509. HB 486. HB 391. HB 477.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

TUESDAY, MARCH .18, 1947

549

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:

i\lr. President:

Your Committee on Special 1udiciary has had under consideration the following bills
of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 130. Do Pass.

HB 162. Do Pass.

HB 308. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Weaver of the 51st District, chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:

Your Committee on State of the Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 125. Do Pass.

HB 189. Do Pass.

Respectfully submitted,

Weaver of 51st District, Chairman

.VIr. Darby of the 15th District," chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 363. Do Pass.

HB 451. Do Pass.

HB 508'. Do Pass.

HB 362. Do Pass.

HB 313. Do Pass.

HB 475. Do Pass.

Respectfully submitted.

Darh,- of 15th District. Chairman

550

JOURNAL OF THE SENATE,

Mr. Sumner of the lOth District, chairman of the Committee on Public Health, submitted the following report:

Mr. President:
Your Committee on Public Health has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 184. Do Pass. HB 185. Do Pass, as amended. SB 48. Do Not Pass.

Respectfully submitted,
Sumner of lOth District, Chairman

Mr. Howard of the 3rd District, chairman of the Committee on Game and Fish, sub mitted the following report:

Mr. President:
Your Committee on Game and Fish has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 500. Do Not Pass. HB 512. Do Pass.

Respectfully submitted,

Howard of 3rd District, Chairman

Senator Daniell of the 49th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industrial Relations, read the second time and recommitted:
SB 128. By Senators Brown of the 19th and Hodges of the 27th:
A bill to amend the Georgia unemployment compensation act to provide for the creation within the department of labor a board under the title of Georgia unem ployment compensation board, etc.; to empower said board to administer the unemployment compensation law; and for other purposes.

Senator Knox of the 29th asked unanimous consent that the following bills of the 'Senate be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
SB 131. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to require the segregation of the races at the polls in all elections in this State; to require the establishment of additional polling places in the several counties in order to carry such segregations into effect; and for other purposes.
The consent was granted.

TUESDAY, MARCH 18, 1947

551

SB 132. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to insure the purity and honesty of primary elections; to provide what persons may participate in primary elections conducted by any political party in this State, to preserve inviolate the county unit system in certain primary elections; and for other purposes.
The consent was granted.

Senator Howard of the 3rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Game and Fish:
HB512. By Mr. Garrison of Habersham:
A bill to extend the hunting season for squirrels in counties having a population of not more than 14,780 nor less than 14,760; and for othflr purposes.
The c~nsent was granted.

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 130. By Senators Walker of the 45th, Knox of the 29th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, Richardson of the 14th and Millican of the 52nd:
A bill to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture, commissioner of labor, and to provide that all of said salaries shall be $7,500 per annum; and for other purposes.

SB 129. By Senator Hogg of the 24th:
A bill to authorize and direct the governing authorities of the County of Marion to pay to the sheriff the sum of $50.00 per month in addition to the fees and com pensation now authorized by law; and for other purposes.

HB 162. By Messrs. Hagan of Screven, Pennington of Wilkinson, Lewis of Hancock, Harrison of Jenkins, Battle of Schley, Johnston of Lowndes, Holbrook of Forsyth, and others:
A bill to authorize and empower the State board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other. purposes.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to amend an act by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poisons; and for other purposes.

552

JOURNAL OF THE SENATE,

HB 189. By Messrs. Williams of Mcintosh, and Nightingale and Gowen of Glynn:

A bill to create the Georgia coastal scenic highway authority to promote, develop, construct, equip, maintain and operate a toll highway in any or all of the counties in the coastal highways of this State; and for other purposes.

HB 219. By ~lr. Johnston of Lowndes:
A bill to amend an act creating a board of comiDisswners of roads and revenues for the county of Lowndes, by striking section 6 and amending section 15, to provide for election of members of said board, fix the terms of office, etc.; and for other purposes.

HB 308. By ~les~rs. Ray of Warren and Gowen of Glynn:
A bill to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment; and for other purposes.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; to provide for the commissioner-manager form of government for the city; and for other purposes.

HB 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; to provide an increase in tax levy for school purposes; and for other purposes.

HB 363. By Messrs. Edenfield of Emanuel and Smith of Emanuel:
A bill to incorporate the Town of Norristown ; to define its corporate limits ; to provide its powers; and for other purposes.

HB 391. By Mr. Coogle of Macon:
A bill to amend an act creating a board of commiSSioners of. roads and revenues for the County of Macon by striking section 2 of the act and rewriting same so as to provide for the commissioners shall be nominated by voters of the district where he or she resides; aflfl for other purposes.

HB 421. By Mr. Dykes of Bleckley:
A bill fixing salaries for elective county officials in the County of Bleckley; to provide for increase in amount thereof; and for other purposes.

TUESDAY, MARCH 18, 1947

553

HB 451. By Mr. Oden of Pierce:

A bill to consolidate and revise the charter of the City of Blacksheu; and for other purposes.

HB 475. By Messrs. Cochran of Thomas and ~eel of Thomas:
A bill to amend the charter of the Town of Meigs; to provide for extension of the present corporate limits of said town; and for other purposes.

HB486. By Mr. Wells of Oarke:
A bill to prohibit and regulate within the territorial limits of any county in this State having a population of between 28,390 and 29,000 the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB 508. By Mr. Whaley of Telfair:
A bill to establish a new charter for the City of Milan; to repeal the present charter; to create a new charter and a municipal government; and for other purposes.

HB 509. By Mr. Whaley of Telfair:
A bill creating the office of commiSSioner of roads and revenues for the County of Telfair, so as to amend said acts as they relate to the salary of the clerk of such commissioner; and for other purposes.

HB 175. By Mr. Mathews of Peach:
A bill to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.

HB 182. By Mr. :Mathews of Peach:
A bill to amend an act relating to distribution, advancement and year's support: to provide that appraisers appointed to set apart a year's support to a widow and children shall be appointed from the county where the administration of the estate of the deceased is pending; and for other purposes.

HB 184. By ;\lessrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to amend an act by granting additional powers to the chief drug inspector; and for other purposes.

554

JOURNAL OF THE SENATE,

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:

A bill to amend an act approved March 28, 1935, entitled an act to regulate parking motor vehicles and other vehicles on the state-aid roads, etc., so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes.

HB 495. By Messrs. Reid and Smith of Carroll:
A bill to extend corporate limits of Carrollton three-fourths of a mile beyond pres ent limits; and for other purposes.

HB 504. By Messrs. Gowen and Nightingale of Glynn:
A bill to amend an act creating the city charter of Brunswick so as to increase the salaries of the judge and solicitor thereof; and for other purposes.

HB 447. By Mr. Knabb of Charlton:
A bill to amend an act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an act to create a board of commissioners of roads and revenues for the county of Charlton; and for other purposes.

HB 510. By Mr. Garrison of Habersham:
A bill to amend an act establishing the city court of Habersham county; and for other purposes.

HB 513. By Mr. Cowart of Calhoun:
A bill to require the commissioner of roads and revenue of Calhoun county to make and publish quarterly statements of county expenditures; and for other purposes.

HB514. By Mr. Cowart of Calhoun:
A bill to abolish the office of tax commissioner and tax receiver in the County of Calhoun; and for other purposes.

HB 516. By Messrs. Reid and Smith of Carroll: A bill to amend the charter of the City of Villa Rica; and for other purposes.

HB265. By Mr. Walker of Ben Hill:
A bill to amend an act relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes.

TUESDAY, MARCH 18, 1947

555

HB 339. By Messrs. Wilson, Vandiver and Kemper of Bibb:

A bill to repeal an act to establish a county board of commissioners for the County of Bibb; and for other purposes.

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to amend the charter of the City. of Griffin; by amending the retirement pension act of 1941; and for other purposes.

HB 413. By Mr. Smith of Clayton:
A bill to amend an act entitled an act to incorporate the Town of Forrest Park, to redefine and corporate limits of said town; and for other purposes.

HB416. By Mr. Hampton of Fannin:
A hill amending an act to create the office of commissioner of roads and revenues of Fannin county; and for other purposes.

HB 474. By Mr. Nightingale of Glynn:
A bill to amend the charter of the City of Brunswick; to extend the present cor porate limits of the city; and for other purposes.

HB477. By Messrs. Jordan and Dobbs of Gwinnett:
A bill to amend an act to fix the salary of the treasurer of Gwinnett county; and for other purposes.

HB478. By Messrs. Mavity and Crow of Walker:
A bill to create a new charter and municipal government for the City of Rossville; and for other purposes.

HB481. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the hoard of commissioners of roads and revenues for Glynn county, so as to authorize said commissioners to levy a tax for school purposes; and. for other purposes.

HB491. By Mr. Swindle of Berrien:
A bill to amend an act creating a board of commissioners of roads and revenues of Berrien county; and for other purposes.

556

JOURNAL OF THE SENATE,

HB 492. By ~Ir. Swindle of Berrien:

A bill to amend an act creating a board of commissioners of roads and revenues of Berrien county; and for other purposes.

HB 493. By .Mr. Bradley of Tattnall: A bill to incorporate the City of.Reidsville; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB ll2. By Senator Millican of the 52nd:
A bill to provide that all counties in this State having a population of 300,000 or more inhabitants according to the United States census of 1940, or any future United States census, shall have power and authority, by action of the board of commissioners of roads and revenues thereof or other county authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of .business in any areas of said counties not embraced within the incorporated limits of municipalities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 290. By Jh. Bruton of Cook:
A bill to amend an act entitled an act to create a board of comm1sswners of roads and revenues in and for the County of Cook, consisting of three (3) mem hers; to define their qualifications, powers and duties, and to provide for their compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 317. By Jiessrs. Hicks, Littlejohn and Covington of Floyd:
A bill to amend an act creating a new charter for the City of Rome, so as to authorize the issuance of bonds by said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 18, 1947

557

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

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

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to amend the charter of the Town of Adairsville, so as to extend the cor porate limits thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 407. By ;\fr. Wells of Clarke:
A bill to amend an act relating to the Town of Athens; to fix the time for the fixing of salaries or other compensation of the officers and employees of the City of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 414. By :\lessrs. Evans, Smith and Skinner of Chatham:

I

A bill authorizing the mayor and aldermen of the Town of Thunderbolt to close what is claimed to be a street in a strip of land formerly known as the "Doyle triangle lot"; and for other purposes.

The report 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.

T,he bill, having received the requisite constitutional majority, was passed.

HB 462. By ;\lessrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create a new charter for the City of East Point, so as to provide for payment of disability benefits under the employees' retirement charter of 1946, to provide when benefits are to be paid; and for other purposes.

558

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 464. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act to create a new charter for the City of East Point; to change the terms of office of aldermen and mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 469. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to extend city limits and submit a referendum to people to be annexed; and for other purposes.
The report 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 470. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act to establish a new charter for the City of Atlanta; to extend city limits; to extend police powers to new areas to be included; and for other purposes.
The report 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 479. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; to provide for the annexa tion of additional territory in the City of Cedartown; and for other purposes.

TUESDAY, MARCH 18, 1947

559

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

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

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

HB 4a2. By Mr. Morrison of Montgomery:
A bill to amend an act to incorporate the Town of Ailey; to authorize the town to provide for ordinance for the paving of sidewalks and streets, installation of gutters and curbs; to provide the manner how it shall be paid; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to amend an act to amend, consolidate and supersede the several acts incorporating the City of Thomaston, so as to change the method of tax assess ments and collections; and for other purposes.
The report 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 4a9. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to amend the charter of the City of Columbus; to extend the corporate limits of said city so as to extend corporate limits of the city by adding 12.09 acres, more or less; and for other purposes. \
The report 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.

560

JOURNAL OF THE SENATE,

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

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to amend section 56-101 of the Georgia Code so as to enable insurance com missioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; to fix the amount of the bond of the deputy insurance commissioners; and to amend section 56-102 of the Georgia Code 1933 as amended by an act approved March 20, 1943, so as to fix the salaries of the chief deputy and each deputy insurance commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 2.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for consideration:
HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a compensat ing use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.
By unanimous consent, HB 8 was considered section by section.
The Committee on Finance offered the following amendment:

Amend part 1, section 2, first paragraph by striking same in its entirety and insert ing in lieu the following:
Section 2. PURPOSE.-The taxes levied in this act are to provide revenue for the support of the state government of Georgia. They are levied for the period beginning July first, one thousand nine hundred forty-seven, and ending June thir tieth, one thousand nine hundred forty-eight, and for each fiscal year thereafter until otherwise provided by law.
On the. adoption of the amendment, the ayes were 26, nays 8, and the amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 1, section 2, by adding a new sub-section to be known as (a) and reading as follows:

TUESDAY, MARCH 18, 1947

561

(a) CONTINGENCY.-1 the congress of the United States shall, at any time hereafter, enact any form of retail sales tax distributable in whole or in part to the several states, the Governor of this State shall estimate the proportion of such tax distributable to this State, and shall, by proclamation of the govemor, abate a uniform percentage of all the taxes levied in this article equal in estimated revenue yield to the estimated proportion of yield of such federal tax, and from and after the effective date of such proclamation the commissioner of revenue shall enforce and collect only the remaining percentage of taxes levied in this article.
On the adoption of the amendment, the ayes were 24, nays 4, and the amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 1, section 3, by adding at the end of paragraph 4 the following:
Wholesale merchants shall also he defined to include printers, lithographers and other processors by the graphic arts, when the products of the printers, litho graphers and other processors by the graphic arts are sold at retail.
The amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 1, section 3, paragraph 9, by striking same in its entirety and inserting in lieu thereof a new paragraph 9 and reading as follows:
9. The words "gross sales" shall mean the gross sales price at which such sales were made, whether for cash or on time. If sale is for cash, the gross sales price shall he the price actually charged and paid at the time of the sale. If on time, the price charged on the hooks for such sales, without allowance for cash discount, shall he reported as sales with reference to the time of delivery to the purchaser, except as this provision is modified by section eight of this act. Provided sales of 5c (five cents) or less when collected through coin boxes by retail mer chants in conformity with rates prescribed by a federal or state regulatory body shall not he classed as gross sales.
Provided that for the purpose of this act, the "gross sales price" shall mean the gross retail sales price of any item of intangible personal property, exclusive of the amount of special excise taxes imposed by federal laws, or the amount of motor fuel tax imposed by federal or state laws.
Provided sale or tokens of a value of 10c (ten cents), or less, when collected through coin boxes by retail merchants in conformity with rates prescribed by a federal or state regulatory body, shall not he classed as gross sales.
Provided sales of 35c (thirty-five cents) or less, when collected as fares by retail merchants of transportation, in conformity with rates as prescribed by a federal or state regulatory body, shall not be classed as gross retail sales.
On the adoption of the amendment, the ayes were 20, nays 9, and the amendment was adopted.

562

JOURNAL OF THE SENATE,

The Committee on Finance offered the following amendment:

Amend part 1, section 3, by adding a new paragraph to be known as paragraph 12 and reading as follows:

12. The word "transportation," as used in paragraphs 5, 6, 7 and 10 of this section, and in part 2, sec. 2 (i) of this act shall mean intrastate passenger fares.

The amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 1, section 4, by striking the first paragraph of (a) wholesale merchants and insert a new paragraph of (a) reading as follows:
(a) Wholesale Merchants. Upon every wholesale merchant as defined in this act, an annual license tax of five dollars ($5.00). Such annual license shall be paid in advance within the first fifteen days of July in each year, or in the case of a new business, within fifteen days after business is commenced.
The amendment was adopted.
By unanimous consent, section 5 of HB 8 was considered subsection by subsection.

The Committee on Finance offered the following amendment:
Amend part 1, section 5, by striking same in its entirety and inserting in lieu thereof the following:
Section 5. EXEMPTIONS.-The taxes imposed in this act shall not apply to the following:
(a) Sales by manufacturers or producers of their own manufactured products when sold to other manufacturers, producers, wholesale or retail merchants, for the purpose of resale except as this subsection is limited and modified by the subsections four and five of section three of this act. The exemption in this suhsection shall not extend to or include sales by manufacturers or producers of their own manufac tured products when sold to users or consumers and not for the purpose of resale.
The subsection was adopted.

(b) For the purpose of this act, sales of fertilizers, tractors and farm ma chinery to producers of products of farms in their original or unmanufactured state are classified as wholesale sales, and said producers shall not be required to pay the annual license as wholesalers as provided in this act.
The subsection was adopted.

(c) Sales to manufacturers, industries and plants who are licensed as pro vided in this act for wholesale merchants of machinery, equipment and parts therefor, and supplies used or consumed in manufacturing or industrial processing,

TUESDAY, MARCH 18, 1947

563

and sales of equipment for capital investment and repairs and supplies therefor, to he used in the production or furnishing of services by public utilities or carriers whose rates are regulated under federal or state laws, are classified as wholesale sales, and said purchases shall be licensed as provided in this act for wholesale merchants, restricted to the above purposes, which shall be stated on the said license.
The sub-section was adopted.

(d) The gross receipts from sales of tangible personal property which the State is prohibited from taxing under the Constitution or Laws of the United States of America or under the Constitution of this State.
The sub-section was adopted.

(e) Accounts of purchasers, representing taxable sales, on which the tax imposo.:d by this act has been paid, that are found to be worthless and actually charged off for income tax purposes, may at corresponding periods he deducted from gross sales insofar as they represent taxable sales made after July first, one thousand nine hundred forty-seven, and to be added to gross sale if afterwards collected.
The sub-section was adopted.

(f) Sales of public school books on the adopted list and the selling price of which is fixed by State contract, and Holy Bibles.
The sub-section was adopted.

(g) Sales of water processed by municipal corporations or other political subdivisions of this State.
The sub-section was adopted.

(h) Sales of products of farms, forests, mines and waters when such sales are made by the producers in their original or unmanufactured state. Fish and seafoods shall likewise be exempt when sold by the fishermen.
The sub-section was adopted.

(i) Sales by retail merchants of food and food products for human consump tion. The terms food and food products for human consumption" shall be given its usual and ordinary meaning, but shall not include malt or vinous beverages, soft or carbonated drinks, sodas, or beverages such as are ordinarily sold or dispensed at stores, bars, stands or soda fountains or in connection therewith, candies or confectioneries, medicines, tonics, and preparations in liquid, powdered, granular, tablet, capsule, or pill form sold as dietary supplements; nor does "food and food products for human consumption" include prepared meBis or foods sold or served on or off the premises by restaurants, cafes, cafeterias, hotel dining rooms, railroad dining cars, drugstores, or any other places where prepared meals or foods are sold or served.

564

JOURNAL OF THE SENATE,

Senator Daniell of the 49th offered the following amendment to the committee amendment:

Amend sub-section i of committee amendment to HB 8 by striking the words "candies and confectionaries" and adding a new sub-section "t" to read as follows: "t. Sales of candies and confectionaries."

On the adoption of the amendment to the amendment, the ayes were 6, nays 30, and the amendment was lost.

On the adoption of the committee amendment sub-section i to Section 5, Senator Hooks of the 16th called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Blitch Branch Brown Bush Butler Dorsey

Ferguson Hogg Huckeba Kiker Logan Mason .Millican Mitchell

Parker Richardson Seay Sumner Wells Wideman Williams Woodall

Those voting in the negative were Senators:

Adams Boone Burks Callaway Carswell Coker Daniell

Darby Hodges Hooks Kennon Killingsworth Knox Miller

Odom Overstreet Ramsey Tarbutton Trippe Weaver

Not voting were Senators Griffith, Gwyn, Howard, Pannell, Sams, Smiley, Tippins, Walker and Yates.

On the adoption of sub-section i, the ayes were 24, nays 20, and the sub-section was adopted.

(j) Sales of ice. whether sold by the manufacturer, producer, wholesale or retail merchants.

The sub-;;ection was adopted.

TUESDAY, MARCH 18, 1947

565

(k) Sales of medicines sold on prescriptions of physicians, or medicines compounded, processed or blended by the druggist offering the same for sale at retail or sales of drugs or medical supplies to physicians or hospitals or by physicians and hospitals to patients in connection with medical treatments.

On the adoption of sub-section k, the ayes were 16, nays 8, and the sub-section was

adopted.

(l) Sales of horses and I or mules.

On the adoption of the sub-section, the ayes were 22, nays 8, and the sub-section was adopted.
(m) Sales of coffins or caskets which do not sell for more than $100.00.

Senators Bush of the 8th and Hooks of the 16th offered the following amendment to the committee amendment to sub-section m:
Amend sub-section m of the committee amendment by striking out the provision beginning with the word "which".
On the adoption of the amendment to the amendment, the ayes were 9, nays 28, and the amendment was lost.
On the adoption of the sub-s~ction, the ayes were 24, nays 14, and the sub-section was adopted.
(n) Sales of cotton, tobacco, peanuts and other farm products sold to manufacturers for further manufacturing or processing.
The sub-section was adopted.

(o) Sales of tangible personal property to churches, and orphanages, when such tangible personal property is purchased for use in carrying on the work of such institutions.
The sub-section was adopted.

( p) Sales of crutches, and sales of artificial limbs, artificial eyes, artificial hearing devices when the same are designed to be worn on the person of the owner or used.
The sub-section was adopted.

(q) Sales of motor fuels and kerosene on which a tax is imposed by section 92-1403 of the Code of Georgia 1933.
The sub-section was adopted.

566

JOURNAL OF THE SENATE,

(r) Sales of seeds, feeds for livestock and poultry and insecticides for livestock, poultry and agriculture.

The sub-section was adopted.

(s) Sales of school lunches to children. The sub-section was adopted.

The Committee on Finance offered the following amendment:
Amend part 1 of section 6 next to last line of first paragraph by inserting the word "of' between the words "payment" and "the".
The amendment was adopted.

Senator Trippe of the 38th offered the following amendment:
Amend HB 8 by striking section 6 in its entirety.
On the adoption of the amendment, the ayes were 12, nays 19, and the amendment was lost.

The Committee on Finance offered the following amendment:
Amend part 1, section 7, first paragraph by striking the figures "99%" in line 11 and inserting the figures "97%" and further striking the word "agent" in line 13 and inserting "representative" and further striking the figures "1%" in line 13 and inserting the figures "3%".
The amendment was adopted.
Amend part 1, section 7 (b) by striking in two places the words "one per centum" and inserting in lieu thereof the words "one-half of one per centum".
The amendment was adopted.

Further amend in section 7 (c) by striking the word "April" and inserting the word "July".
The amendment was adopted.

TUESDAY, MARCH 18, 1947

567

The Committee on Finance offered the following amendment:
Amend section ll, part 1, paragraph (c) and (d) by striking the words "one per centum" and inserting in lieu thereof the words "one-half of one centum".

The amendment was adopted.

Senator Millican of the 52nd asked unanimous consent that the Senate reconsider its action in the passage of the following bill of the House:

HB470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of Atlanta so as to extend the corporate limits thereof; to extend police powers to new area to be included; and for other purposes.
The consent was granted and the bill was placed at the foot of calendar.
Senator Millican of the 52nd moved that the Senate adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president pro tempore announced the Senate adjourned nntil 9:30 o'clock tomorrow morning.

568

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, March 19, 1947.

The Senate met pursuant to adjournment at 9:30 o'clock this morning and was called to order by the president pro tempore.

Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley.

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

Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darb! Dorsey Ferguson

Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason :Millican Mitchell Odom Overstreet Pannell Parker Ramsey

Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

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

The Committee on Rules has adopted the following calendar immediately after the period of unanimous consent.

I. Introduction of bills and resolutions.

2. First reading and reference of bills and resolutions.

3. Reports of standing committees.

4. Putting on second reading of bills and resolutions previously reported favorably for passage.

5. Putting on third reading local bills and general bills of local application.

WEDNESDAY, MARCH 19, 1947

569

6. Puttibg on third reading for final disposal general House and Senate bills in the following order:
HB 8. SB 6. SB 18. SB 125. SB 130.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the reqUisite constitutional majority the following bills and
resolutions of the House and Senate to wit:

HB 193. By Mr. Elliott of Muscogee:
A bill to establish a veterans' education council; to provide for the selection of the members, fix their terms of office and provide for their terms of office and provide for their compensation; and for other purposes.

HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalb and Kemper of Bibb:
A bill to amend the motor fuel tax law; to allow retail dealers 2% of tax collected; and for other purposes.

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.

HB 435. By Mr. McCracken of Jefferson:
A bill to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute, approved October 5, 1885; and for other purposes.

HB 452. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to amend the act creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia; and for other purposes.

570

JOURNAL OF THE SENATE,

HB 456. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend section 69-201 of the Code of Georgia of 1933 relating to councilmen and aldermen being able to hold other positions or offices said amendment to apply to all cities having a population of 250,000 or more; and for other purposes.

SB 91. By Senator Dean of the. 34th:
A bill to amend an act creating the office of commissioner of roads and revenues for the county of Rockdale; and for other purposes.

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:
A bill authorizing the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns Counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state forests; and for other purposes.
The House disagreed to Senate substitute to the following bill of the House to wit:

HB 261. By Mr. Pulliam of Elbert:
To abolish the office of tax receiver and tax collector of Elbert County; and for other purposes.
Under the provisions of HR 32 to investigate the feasibility of scholarships for musicians at Georgia and Georgia Tech the Speaker has appointed as a committee on the part of the House the following members: Messrs. Sabados of Dougherty, Kidd of Baldwin and Hagan of Screven.

The following bills of the House were read the first time and referred to committees:
HB 193. By Mr. Elliott of Muscogee: A bill to establish a veterans' education council; to provide for the selection of the members, fix their terms of office and provide for their terms of office and provide for their compensation; and for other purposes.
Referred to Committee on Education.
HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalb, Kemper of Bibb: A bill to amend the motor fuel tax law; to allow retail dealers 2% of tax collected; and for other purposes.
Referred to Committee on Finance.

WEDNESDAY, MARCH 19, 1947

571

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.
Referred to committee on Counties and County Matters.

HB 435. By Mr. McCracken of Jefferson:
A bill to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute, approved October 5, 1885; and for other purposes.
Referred to committee on Counties and County Matters.

HB 452. By Messrs. Evans, Skinner and Smi!h of Chatham:
A bill to amend the act creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia; and for other purposes.
Referred to committee on Counties and County Matters.

HB 456. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.
Referred to committee on Counties and County Matters.

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend section 69-201 of the Code of Georgia of 1933 relating to councilmen and aldermen being able to hold other positions or offices, said amendment to apply to all cities having a population of 250,000 or more; and for other purposes.
Referred to committee on Counties and Comity Matters.

Mr. Hooks of the 16th District, chairman of the Committee on Public Welfare, submitted the following report:

Mr. President:
Your Committee on Public Welfare has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 349. Do Pass.

Respectfully submitted,
Hooks of 16th District, Chairman

572

JOURNAL OF THE SENATE,

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 527. Do Pass.

HB 373. Do Pass.

HB 370. Do Pass.

HB 369. Do Pass.

HB 384. Do Pass.

HB 494. Do Pass.

HB 532. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. President:

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

HB 254. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:

Your Committee on Education and Public Schools has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 197. Do Pass.

HB 162. Do Not Pass.

Respectfully submitted,

Woodall of the 25th District, Chairman

WEDNESDAY, MARCH 19, 1947

573

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following hills and/ or resolutions of the Senate and has instructed me, as chairman, to report the same hack to the Senate as correct and ready for transmission to the House:

SB 18. SB 6. SB 125.

SB 129. SB 130. SR 31. SR 33. SR 34.

Respectfully submitted,
Wideman of 46th District, Chairman

The following resolutions of the Senate were read and adopted:

SR 30. By Senator Millican of the 52nd:
A resolution that the Enrolling and Engrossing and Auditing Committees remain for a period of ten days after adjournment of the Senate and that the Treasurer of the State of Georgia is directed to pay the regular per diem to the members of the committees for this additional work.

SR 31. By Senator Callaway of the 35th:
A resolution providing for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

SR 32. By Senator Millican of the 52nd:
A resolution providing that the per diem and pay of the president of the Senate, the secretary to the president of the Senate, the secretary of the Senate, and attaches, not to exceed eight in number he, and the same is hereby allowed to he paid for a period of two weeks from adjournment.

The following hills of the House, favorably reported by the committees, were read the second time:
HB 197. By Messrs. Smith and Reid of Carroll:
A hill to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the state public sc&ools; and for other purposes.

574

JOURNAL OF THE SENATE,

HB 254. By Messrs. Mason of Morgan and Williams of Jones:
A bill authorizing the Governor to fix the compensation of the director of entomology; to repeal conflicting laws; and for other purposes.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejohn of Floyd and others:
A hill to regulate the practice of embalming and funeral directing. in this state; and for other purposes.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A hill to provide for the furnishing of an identification certificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a certain population; and for other purposes.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act approved February 17, 1933, relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a population of not less than 115,000 and not more than 170,000 by the census of the United States of 1940 or any subsequent census the total compensation of the tax collector shall not exceed the sum of $6500.00 per annum; and for other purposes.

HB 373. By Messrs. Evans, Skinner and Smith of Chatham:
A hill to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto incorporating the mayor and aldermen of said city relative and supplementary thereto; and for other purposes.

HB 384. By Messrs. Skinner, Evans and Smith of Chatham:
A hill to amend an act to authorize and empower the commiSSioners of Chatham County and ex-officio judges thereof to create a pension board; and for other purposes.

HB 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes and Greer of Lanier and others:
A bill to amend an act pertaining to an act to prevent the introduction into and dissemination within the State of Georgia of contagious diseases of honey bees; and for other purposes.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to authorize the officers of any county of this state having a certain population, who have cha~;ge of records, including the clerks of the several courts of such county, the ordinary or court of ordinary of such county, to install and use photo static equipment in recording and copying such records and in furnishing copies thereof; and for other purposes.

WEDNESDAY, MARCH 19, 1947

575

HB 527. By Mr. Lewis of Hancock:
A bill to provide that the ordinary, sheriff and clerk of the Superior Court of a county in this state having a certain population shall designate the official organ for publishing legal advertisements in a newspaper in said county; and for other purposes.

HB 532. By Mr. Brantley of Tattnall:
A bill to abolish the offices of tax collector and tax receiver in the coupty of Tattnall; and for other purposes.
Senator Pannell of the 43rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted:

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper for said city; and for other purposes.
The consent was granted.

Senator Williams of the 31st asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 505. By Mr. Cheek of Franklin: A bill to amend an act entitled an act to revise and amend laws of Georgia in respect to divorces, etc.; and for other purposes.
The consent was granted.
Senator Brown of the 19th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Highways and Public Roads, read the second time and recommitted:
HB 458. By Messrs. Cates of Burke and Thompson of Meriwether: A bill to provide for payment by the State Highway Department of Georgia for rights-of-way to counties when rights-of-way are not used for highway purposes within three years; and for other purposes.
HB 459. By Messrs. Cates of Burke and Thompson of Meriwether: A bill to grant to the various counties and State Highway Department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways; and for other purposes.
The consent was granted.

576

JOURNAL OF THE SENATE,

Senator Hogg of the 24th asked unanimous consent that the following resolutions of the House be withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:

HR 92. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus; and for other purposes.

HR 105. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters an amendment so as to provide that the department of health of the City of Columbus may be combined with the department of health of Muscogee County; and for other purposes.
The consent was granted.

Senator Knox of the 29th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recom mitted:
HB 281. By Mr. Welsch of Cobb:
A bill to repeal sections 36 and 37 of act of 1945 pertaining to registration of divorces and annulment registration fee; and for other purposes.
The consent was granted.

Senator Williams of the 31st asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 519. By Mr. Garrison of Habersham:
A bill to amend the charter of the city of Clarkesville; and for other purposes.
The consent was granted.

Senator Millican of the 52nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 524. By Mr. Df!rsey of White:
A bill to amend and supersede an act incorporating the town of Cleveland; to create a new charter for said corporation; and for other purposes.
The consent was granted.

WEDNESDAY, MARCH 19, 1947

577

Senator Weaver of the 51st asked unanimous consent that the following bills and resolutions of the House be withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:

HB 389. By Messrs. Vandiver, Wilson and Kemper of Bibb:
A bill to authorize the City of Macon and Bibb County to set up a planning and zoning board; and for other purposes.

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to article XI, section VI, of the Constitution of Georgia to create a joint city-county board of health for the City of Macon and the County of Bibb; and for other purposes.

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb: A resolution providing for repeal of amendment to article 7, section 4, paragraph 15 of the Constitution of 1945, as it related to Bibb County; and for other purposes.
The consent was granted.
Senator Pannell of the 43rd asked unanimous consent that the following bill of the House be withdrawn from Committee on Amendments to the Constitution, read the second time and recommitted:
HB 443. By Mr. Rowland of Johnson: A bill to authorize the mayor and council of Wrightsville, Johnson County, to incur a bonded indebtedness for the purpose of refunding and retiring a portion of the existing bonded indebtedness; and for other purposes.
The consent was granted.

Senator Pannell of the 43rd asked unanimous consent tha) the following bills of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 165. By Messrs. Britton and Brooke of Whitfield:
A bill to provide for the management and control of the public utilities of the City of Dalton; to give said city the right and power to own, control and operate various public utilities; and for other purposes.

HB 417. By Messrs. Arnall and Goldberg of Coweta: A bill to amend an act of the General Assembly of Georgia, entitled an act to create a new charter of the City of Newnan; and for other purposes.
The consent was granted.

578

JOURNAL OF THE SENATE,

Senator Pannell of the 43rd asked unanimous consent that the following resolutions of the House be withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:

HR 34. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to the Constitution so as to provide for school dist.rict in the County of DeKalb; and for other purposes.

HR 35. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to provide that the General Assembly may grant to the governing authority of DeKalb County, the right to construct or repair streets and sidewalks and to lay curbing; and for other purposes.

HR 61. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to provide that the board of commissioners of roads and revenues of Fulton County shall have power to levy either a tax or an assessment or both, upon any part of or all the real property in said county; and for other purposes.

HR 67. By Messrs. Etheridge, Kendrick, Smith of Fulton and others:
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.

HR 83. By Messrs. Flynt and Addleton of Spalding County:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1 of the Constitution of Georgia to create a joint city-county board of health for the City of Macon and the County of Bibb; and for other purposes.

HR 90. By Messrs. Adams and Hurt of Polk:
A resolution proposing to the qualified voters an amendment to paragraph 1, section 5, article 8 of the Constitution providing a county board of education for Polk County; and for other purposes.

HR 96. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment to permit Fulton County to collect business licenses; and for other purposes.

HR 97. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment authorizing and ratifying extension of civil service system of Fulton; and for other purposes.

WEDNESDAY, MARCH 19, 1947

579

HR 98. By Messrs. McWhorter, Hubert and Howard of DeKalb:

A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing and providing that the county board of education of DeKalb County may levy a tax for school purposes; and for other purposes.

The consent was granted.

The following local uncontested bills of the Senate and House were read the third time and put upon their passage:
SB 129. By Senator Hogg of the 24th:
A bill to authorize and direct the governing authorities of the County of Marion to pay to the sheriff the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 219. By Mr. Johnston of Lowndes:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Lowndes by striking section 6 therefrom and amending section 15 to provide for election of members of said board; to fix terms of members; .and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta by providing for the abolition of the offices of mayor and councilmen; to provide for a commissionmanager form of government for 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

580

JOURNAL OF THE SENATE,

HB 339. By Messrs. Wilson, Vandiver and Kemper of Bibb:

A bill to repeal an act to establish a county board of coDliDlssloners for the County of Bibb; to define its duties; and for other purposes.

The report 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 I.

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

HR 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; to provide aB increase in the tax levy 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 363. By Messrs. Edenfield of Emanuel and Smith of Emanuel:
A bill to incorporate the town of Norristown; to define its corporate limits; to declare its powers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to amend the charter of the City of Griffin by amending the retirement pension act of 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 19, 1947

581

HB 391. By Mr. Coogle of Macon:

A hill to amend an act creating a hoard of commissioners of roads and revenues for the County of Macon by striking section 2 of act and rewriting same so as to provide that the commissioners in primaries shall he nominated by voters in the districts where he or she shall reside; 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 39, nays 0.

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

HB 413. By Mr. Smith of Clayton:
A hill to amend an act entitled an act to incorporate the town of Forrest Park; to redefine and corporate limits of said town; 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 47, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 416. By Mr. Hampton of Fannin:
A hill amending an act to create the office of commissioner of roads and revenues of Fannin County so as to increase salaries of commissioners and clerks; 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 421. By Mr. Dykes of Bleckley:
A hill fixing salaries for elective county officials in the county of Bleckley; to provide for increases in amount thereof; 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

582

JOURNAL OF THE SENATE,

HB 447. By Mr. Knabb of Charlton:

A bill to amend an act approved August 4, 1927, Ga. Laws 1927, pp. 529540, being an act to create a board of commissioners of roads and revenues for the county of Charlton so as to rewrite certain sections to provide salary adjustments to clerks and members 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 48, nays 0.

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

HB 451. By Mr. Oden of Pierce:
A bill to consolidate and revise the charter of the city of Blackshear; and for other purposes.
The report of the committee, which .was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 474. By Mr. Nightingale of Glynn:
A bill to amend the charter of the city of Brunswick; to extend the present corporate limits of the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 475. By Messrs. Cochran of Thomas and Neel of Thomas:
A bill to amend the charter of the town of Meigs; to provide for extension of the present corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 19, 1947

583

HB 477. By Messrs. Jordan and Dobbs of Gwinnett:

A bill to amend an act to fix the salary of the treasurer of Gwinnett County so as to change the method of paying the treasurer of Gwinnett County; to pay salary in lieu of,commissions; to have county pay premiums on bond from county funds; 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 478. By Messrs. Mavity and Crow of Walker: ,
A bill to create a new charter and municipal government for the city of Rossville; to create a new charter for city of Rossville and to provide for the mayor and council form of government; and for other purposes.
The report of the conmlittee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 481. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the board of commissioners of roads and revenues for Glynn County; so as to authorize said commissioners to levy a 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 hill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 486. By Mr. Wells of Clarke:
A hill to prohibit and regulate within the territorial limits of any county in this state having a population of between 28,390 and 29,000 the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

584

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 49, nays 0.

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

HB 491. By Mr. Swindle of Berrien:
A bill to amend an act creating a board of commiSSioners of roads and revenues of Berrien County so as to sell the county farm and to cease contributing to public funds of the county for maintenance of farms whereon prisoners are worked; and for other purposes.
The report 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 492. By Mr. Swindle of Berrien:
A bill to amend an act creating a board of commissioners of roads and revenues of Berrien County; so as to change the board of commissioners from three to nine; to provide the manner of selection; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \\as agreed to.
On the passage of the bill, the ayes ,.-ere 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 493. By Mr. Bradley of Tattnall:
A bill to incorporate the city of Reidsville; by abolishing the present charter and writing a new charter; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
\
\
HB 495. By Messrs. Reid and Smith of Carroll:
A bill to extend the corporate limits of the city of Carrollton three-fourths of a mile beyond the present limit; and for other purposes.

WEDNESDAY, MARCH 19, 1947

585

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

On the passage of the bill, the ayes were 52, nays 0.

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

HB 504. By Messrs. Gowen and Nightingale of Glynn:
A bill to create a new city court of Brunswick, Georgia, so as to increase the salaries of judge and solicitor thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 508. By Mr. Whaley of Telfair:
A bill to establish a new charter for the city of Milan; to repeal the present charter; to create a new charter and municipal form of government therefor; 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 52, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 509. By Mr. Whaley of Telfair:
A hill creating the office of commiSSioner of roads and revenue for the county of Telfair, so as to amend said act as it relates to the salary of the clerk and of such 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 hill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 510. By Mr. Garrison of Habersham:
A bill to amend an act establishing the city court of Habersham County by repealing section 14 and rewriting same; and for other purposes.

586

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 43, nays 0.

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

HB 513. By Mr. Cowart of Calhoun:
A bill to require the commissioners of roads and revenues of Calhoun County to make and publish quarterly statements of county expenditures; and for other purposes.
The report 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 514. By Mr. Cowart of Calhoun:
A bill to abolish the office of tax commissioner and tax receiver in the county of Calhoun; to consolidate the two offices and create the office of tax commissioner; to prescribe the rights, liabilities and duties of the tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the p"assage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to amend the charter of the city of Villa Rica by extending the city limits to take in the limits of the town of Fullerville; and for other purposes.
The report 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.
A resolution by Senator Butler of the 7th, granting the privilege of the floor to Hon. ]. L. Pilcher, Meigs, Thomas County, Georgia, a former member of the Senate, was read and adopted.

WEDNESDAY, MARCH 19, 1947

587

The following bill of the House, carried over as unfinished business from yesterday, was taken up for consideration.

HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a com pensating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.

The Committee on Finance offered the following amendment:
Amend section 22, part 1 by striking first paragraph of (B) beginning with the words "in respect" and. ending with words "their agencies" as follows:
(b) In respect to such tangible personal property as shall enter into any building or structure erected or constructed under any contract with the State of Georgia or any of its agencies, or with any county or municipality in Georgia or any of their agencies.
The amendment was adopted.

Senator Coker of the 39th offered the following amendment: Amend HB 8 by inserting a new section to be numbered II "A" to read as follows:

PART II "A"
SECTION IA. The items of sales enumerated in this Part II "A" shall be exempt from the 3% sales tax levied in this act and in lieu thereof the sales tax as levied in this Part II "A" shall be levied and paid to the State of Georgia.
SECTION 1. This act may be cited as the sales and use tax on luxuries or nonessentials.
SECTION 2. Upon each charge for any of the game or games hereinafter specified, there is hereby levied a tax equal to twenty (20%) per cent of each such charge, upon the following, to wit:
The game of billiards.
The game of pool and any and all other like games played upon billiard or pool tables, and all games played with balls and cues.
Upon all games played upon bowling alleys, whether with balls or pins or both.

588

JOURNAL OF THE SENATE,

SECTION 3. Upon each charge or fee for admission to, for the purpose of participating in or witnessing, any of the amusements, entertainments or contests as hereinafter specified, there is hereby levied a tax equal to twenty (20%) per cent of each such charge or admission, to wit:
Theaters
Opera houses
Motion picture shows
Vaudevilles
Amusement parks
Athletic contests (including wrestling and boxing)
Football games
Baseball games
Basketball games
Tennis games
Skating rinks
Race tracks
Golf courses
Public dance halls
Public bathing places.
Provided, however, that this tax shall not apply to those charges, fees or admissions, to, whether for the purpose of participating in or witnessing, any of the above amusements, contests or games, where said fees, charges or admissions are less than twenty (20c) cents each; and in the event any of such charges, fees or admissions are twenty (20c) cents or more, said tax is hereby imposed upon each such charge, fee and admission in its entirety; and provided further that this tax shall not apply to amusements, entertainments or games given or produced by grammar schools, high schools and churches or other civic organizations when such amusements or entertainments are produced entirely by local talent, and all the proceeds of which shall inure to the benefit of any such grammar school, high schools, churches and civic organizations sponsoring any such entertainment or amusement; nor to student tickets to any such amusements or games as specified in this paragraph, but it shall apply to charges and admissions to games, amusements and contests within the university system (other than student tickets) and the authorities of such institutions are hereby required to account for and pay to the state revenue commissioner the twenty (20%) per cent tax herein levied and imposed.
SECTION 4. (a) For the purposes of this act and this section, the following are hereby defined to be soft drinks:
Soda Water
Gingerale
Lime Cola
Pepsicola
CocaCola
Beer

WEDNESDAY, MARCH 19, 1947

589

Fruit juices and bottled drinks of every kind and all fountain drinks commonly designated as soft drinks.

(b) Upon the retail price of each such soft drink as defined in section (a) hereof, there is hereby levied and imposed a tax equal to twenty (20%) per cent of the retail price of such drink. Provided, however, that said tax shall not be imposed upon raw milk, unmixed and in its original state.

SECTION 5. 'Upon each deck, package or pack of playing cards, for whatever game, a tax of twenty (20%) per cent of the retail sales price of each such article is hereby levied and imposed.

SECTION 6. Upon all persons, firms, corporations or associations conducting the businesses or amusements or entertainments, or selling any of the articles herein included, the charges, fees, adm,issions and purchase price of which are subject to the tax levied by this act, shall keep a correct and detailed record of the sales, charges, fees and admissions included within this act, and shall pay to the state revenue commissioner, not later than the 20th of the succeeding month in which any such tax became due, the amount of taxes due the state for the month preceding.

The state revenue commissioner is hereby empowered and authorized to pro

mulgate such reasonable rules and regulations as are found necessary or con-

venient for the effective enforcement of this law and the collection of the taxes

levied herein, and when such rules and regulations shall have been promulgated

by said revenue commissioner, tlie same shall be printed and copies thereof made

available to any person, firm, corporation or association desiring the same. The

state revenue commissioner is autliorized and is hereby empowered to make assess-

ments and issue executions against any person, firm, corporation or association

upon default in the payment of any tax due within the time specified in this act.

If any taxpayer desires to contest the correctness, legality or validity of any assess-

ment or execution made or issued hereunder, he shall file in the Superior Court

of the county of the residence of such person, firm, corporation or association

liable for said taxes an affidavit of illegality, after first filing the bond required

by law in cases of illegality to tax assessments or executions, and all such illegalities

shall be tried and disposed of as now provided by law for the trial and disposition

of affidavits of illegality to tax assessments and executions.

'

SECTION 7. (a) It shall be unlawful for any person, firm, corporation or association to make any false statement or entry of record in connection with the keeping of the records of the taxes imposed under this act, or return of said taxes, and each violation thereof shall constitute a separate offense and shall subject such taxpayer to punishment as for a misdemeanor.

(b) Any person, firm, corporation or association liable for the tax imposed hereby who shall attempt, in any manner, by any means or device, to evade the payment of the tax herein levied, shall be guilty of a misdemeanor and punished for a misdemeanor.

(c) Any person, firm, corporation or association liable for the tax l:ierein imposed, who shall default in the payment thereof for a period of time l(nger than that specified herein, shall be subject to a penalty equal to twenty-five (2)%) per cent of the amount of the tax for which any such person, firm, corporation or association is liable, and such penalty may he enforced in the same manner as the original tax.

590

JOURNAL OF THE SENATE,

SECTION 8. All taxes derived from the above sources shall be paid by the state revenue commissioner and into the general treasury of the State of Georgia.

SECTION 9. It shall be unlawful for any person, firm, corporation, or asso ciation, conducting a business or amusement or selling any of the articles herein, upon which a tax is levied, to advertise, through any medium o~ represent to the public in any manner that the charge, fee or admission tax herein or the retail sales price of any article taxed herein shall be tax paid, and any person, firm, corporation or association violating any provisions of this section shall be guilty of a misdemeanor and punished therefor as provided by law.

SECTION 10. There shall be no exemptions from the tax herein imposed upon any charge, fee, admission or retail sales price of any article taxes herein, except those hereinbefore specifically exempted.

Senator Wideman of the 46th offered the following amendment to the amendment offered by Senator Coker:
Amend the amendment by adding ladies' fur coats and all jewelry. The amendment to the amendment was adopted.
The amendment was adopted as amended.

The Committee on Finance offered the following amendment:
Amend part 2, section 2 (c) by striking the figure "5" and insert the figure "3" in line 12.
The amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 2, section 3, by striking the word "April" and inserting the word "July".
The amendment was adopted.

The ,Committee on Finance offered the following amendment:
Amend part 2, section 4, by adding a new paragraph known as (E) and reading as follows:
(E) Motor fuels and kerosene on which tax is imposed by section 92-1403 of the Code of Georgia 1933.
The amendment was adopted.

WEDNESDAY, MARCH 19, 1947

591

Senator Millican of the 52nd offered the following amendment:

Amend HB 8, part 2 by numbering the second section shown as section 6 to read section 6A.
The amendment was adopted.

Senator Millican of the 52nd offered the following amendment:
Amend HB 8, part 2, section 6A by striking the word "fifteenth" in both places when same appears and insert in lieu thereof the word "twentieth".
The amendment was adopted.

The Committee on Finance offered the following amendment:
Amend part 3, section 2, by striking the word "April" and inserting in lieu the word "July".
The amendment was adopted.
The Committee on Finance offered the following amendment:
Amend part 3, section 2, by striking the second and third paragraph reading as follows in their entirety:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, that any and all provisions of HB 8 will expire and cease to be effective on sales on and after June 30, 1953.
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY, that the Governor of Georgia be requested to appoint a tax board, composed of not more than five or less than three tax experts to study and make recommendations with reference to a sales tax hill or any other tax measure to be presented to the members of the General Assembly at the 1949 session of the General Assembly of Georgia.
The amendment was adopted.

Senator Millican of the 52nd asked unanimous consent that further consideration of HB 8 be carried over as unfinished business until tomorrow, and the consent was granted.
By unanimous consent, the Senate recessed until 12:30 o'clock.
The Senate resumed the regular order at 12:30 o'clock.
Senator Pannell of the 43rd asked unanimous consent to have a committee report read, the consent was granted.

592

JOURNAL OF THE SENATE,

Mr. Pannell of \he 43rd District, chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 92. Do Pass. HR 34. Do Pass. HR 61. Do Pass. HR 97. Do Pass. HR 67. Do Pass. HR 105. Do Pass. HR 35. Do Pass. HB 443. Do Pass. HB 90. Do Pass. HR 83. Do Pass. HR 98. Do Pass. HR %. Do Pass. HB 389. Do Pass. HB 388. Do Pass. HR 70. Do Pass as amended.

Respectfully submitted,
Pannell of 43rd District, Chairman

The following bills of the Senate were read the third time and put upon their passage:
SB 6. By Senator Sams of the 26th:
A bill to be entitled an act to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act first referred to, by changing the required degree of disability from twenty-five percentum, to ten percentum; by amending section 3 of said act to provide that eligible veterans may not be limited as to the number of businesses exempted; by extending the provisions of said act to veterans who engage in any profession, or semi-profession; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 19, 1947

593

Senator Mason of the 30th offered the following amendment:

Amend SB 6 by adding an additional paragraph to be appropriately numbered and to read as follows:
All honorably discharged veterans of the armed services who served in World War II between December 7, 1941, and the passage of this act shall be exempt from state business licenses for a period of five years from the passage of this act.
The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Mason of the 30th asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

SB 18. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the compensation to be paid the state superin tendent of schools at $10,000.00 per annum, payable monthly, to repeal conflicting laws; and for other purposes.

The Committee on Education and Public Schools offered the following amendment: Amend SB 18, section 2, by changing the word "January" to read "April".
The amendment was adopted.

Senator Woodall of the 25th offered the following amendment:
Amend SB 18 by striking the figures $10,000.00 and inserting the figures $7,500.00 and add a new sub-section 1A reading as follows:
(lA) The state board of education is authorized to pay the state superintendent of schools a compensation of $1,500.00 per year as secretary of said state board of education.
The amendment was adopted.

594

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 31, nays 2.

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

Senator Millican of the 52nd asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

SB 130. By Senators Walker of the 45th, Knox of the 29th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, Richardson ,of the 14th and Millican of the 52nd:
A bill to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture and commissioner of labor, and to provide that all of said salaries shall be $7,500 per annum; and for other purposes.

Senator Trippe of the 38th offered the following amendment:
Amend SB 130 by adding to the caption thereof immediately following the words "commissioner of agriculture" the words "members of the public service commission" and by adding to section 1 thereof immediately following the words "commissioner of agriculture" the words "members of the public service commission".
The amendment was adopted.

Senator Millican of the 52nd offered the following amendment:
Amend SB 130 by adding at end of section 1, by adding a new subsection known as section 1A.
The salary of state superintendent of banks shall he $7,500.00 per annum and the salary of assistant superintendent of banks shall be $5,000.00 per year.
Further amends that the salary of the commissioner of revenue shall be $7,500.00 per annum.
The amendment was adopted.

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

WEDNESDAY, MARCH 19, 1947

595

Senator Trippe of the 38th asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

SB 125. By Senator Callaway of the 35th:
A bill to amend section 92-3120 of the Georgia Code pertammg to the gain or loss of exchange of property by adding at the end thereof a subsection (g) per mitting, in accordance with the same terms set forth in section 112 (b) (6) of the federal internal revenue code, a corporation to receive property on the complete liquidation of a subsi!fiary corporation without realizing any taxable gain or loss; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Callaway asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

The following resolutions were read and adopted:
SR 33. By Senator Millican of the 52nd : A resolution by the Senate, the House concurring, that a committee be appointed to install the Honorable M. E. Thompson as Governor of Georgia.

The president pro tempore appointed on the part of the Senate: Senators Parker of the 54th
Daniell of the 49th Carswell of the 17th Ferguson of the 13th Millican of the 52nd.

SR 34. By Senator Bush of the 8th:
A resolution by the Senate, the House concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at 12:00 noon, Thursday, March 20, 1947, for the purpose of hearing a message from His Excellency, the Acting Governor, and that a committee of five, three to be riamed by the Speaker of the House and two by the president pro tempore of the Senate, be appointed to escort the Acting Governor to the session.

596

JOURNAL OF THE SENATE,

The president pro tempore appointed on the part of the Senate:

Senators Williams of the 31st Griffith of the 28th.

The following resolution was read:
SR 35. By Senator Millican of the 52nd:
A resolution by the Senate that all confirmations of names presented to this body by the Honorable Herman Talmadge he, and the same are, hereby rescinded and revoked, and all of said acts of confirmation by this body are hereby withdrawn and declared to he of no effect.
The Senate resolved itself into executive session at 2:00 o'clock p. m.
The executive session was dissolved at 2:45 o'clock and the Senate reconvened in regular session.
Senator Weaver moved that the Senate do now adjourn and the motion prevailed.
The president pro tempore announced the Senate adjourned until tomorrow morning at 10 o'clock.

'

THURSDAY, MARCH 20, 1947

597

Senate Chamber, Atlanta, Georgia. Thursday, March 20, 1947.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley.
By unanimous consent, the call of the roll was dispensed with.
Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The Rules Committee set the calendar in the usual order of business as follows: Completion of HB 8, known as the Sales Tax Bill. SB 131. SB 132. Local Constitutional Amendments. HB 254. HB 243. HB 244.

Mr. President:

The Rules Committee set up the following calendar to cover the usual order of busi ness and then take up the following House bills and resolutions:

HB 349-continued from March 21, 1947.

HB 255. HB 522.

HB 46. HB 176.

HB 162. HB 223.

HB 437. HB 431.

HB 122. HB 214.

HB 505. HR 74.

HR 103.

HR 82. HB 29.

Millican of 52nd District, Chairman

598

JOURNAL OF THE SENATE,

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

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

HB 214. By Mr. Garland of Butts:
A bill to provide for home rule for counties electing to come under this act; to establish optional systems of county government for the several counties; and for other purposes.

HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, and for particular purposes of changing by law the basic work week for city firemen employed by the City of Atlanta, and to determine other fire fighting duties; and for other purposes.

HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend the charter of East Point so as to provide that the salary of city aldermen shall be fixed by the city council; and for other purposes.

HB 471. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act creating the civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes.

HB 473. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, so as to annex certain land lots; and for other purposes.

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend an act to incorporate the City of Hapeville, to extend the city limits of said city by the addition of certain unincorporated territory; and for other purposes.

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend the charter of College Park, Georgia, by providing for the annexa tion of territory in Fulton and Clayton counties; and for other purposes.

THURSDAY, MARCH 20, 1947

599

HB 498. By Messrs. Etheridge, Smith and Kendrick of Fulton:

A bill to amend the charter of College Park so as to provide for increase in maxi mum ad valorem tax rate for ordinary government expenses; to amend the civil service law for College Park employees; to increase recort:ler's court costs; and for other purposes.

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of College Park, so as to amend the civil service law for College Park employees; and for other purposes.

HB 502. By Mr. Bennett of Barrow:
A bill to create a new charter for the Town of Auburn; to define the corporate limits;, etc.; and for other purposes.

HB 518. By Mr. Arnall of Coweta:
A bill to amend an act of the General Assembly of Georgia entitled an act to create a new charter of the City of Newnan so as to permit the mayor and council of the City of Newnan to enlarge and extend the corporate limits of the City of Newnan; and for other purposes.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, to provide a home for the East Point veterans of foreign wars; and for other purposes.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, to provide the manner and time for all elections in said city; to declare and consolidate the rights and powers of said incorporation; and for other purposes.

HB 530. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to amend an act creating a new charter for the City of East Point; so as to annex substantially all of the unincorporated area of Fulton county west of Stewart avenue and south of Lakewood road to the City of East Point; and for other purposes.

HB 531. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of College Park, so as to establish and adjust ward boundaries and councilmanic representation in relation to annexed territory; and for other purposes.

600

JOURNAL OF THE SENATE,

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:

A bill to amend an act entitled an act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of College Park, to provide for extension of the city limits; and for other purposes.

HB538. By Mr. Stevens of Marion:
A bill to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create in counties in this State having a population of 300,000 or more inhabitants an airport authority for said county; and for other purposes.

HB 542. By )fessrs. Kendrick, Etheridge and Smith of Fulton:
A bill to provide that in every county in this State having a population of 300,000 or more inhabitants, according to the United States census of 1940, the board of commissioners of roads and revenues, or other county authority having charge of the roads and revenues thereof, may rent and lease concession privileges in the jails, courthouses and other public buildings belonging to the county; and for other purposes.

HB 534. By )fessrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to enlarge the corporate limits of this city; and for other purposes.

HB 507. By Mr. Conger of Tift:
A bill to amend an act entitled an act creating and providing a new charter for the town of Omega, Georgia; defining its corporate powers and municipal boun daries; providing for a mayor and council and other officers, prescribing their duties; and for other purposes.

HB 546. By Messrs. Cochran and Nee! of Thomas:
A bill to amend charter of Town of Pavo in the counties of Thomas and Brooks as created by Georgia Laws 19111503, approved August 21, 1911; and for other purposes.

THURSDAY, MARCH 20, 1947

601

HB 360. By Messrs. Joel and Wells of Clarke:
A bill to amend an act to amend the charters granted by the superior courts of this State to authorize any corporation heretofore or hereafter granted a charter by a superior court or judge thereof; and for other purposes.

HB 122. By Mr. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safe guards against fire; and for other purposes.

HB 255. By Mr. McCracken of Jefferson:
A bill to amend section 56-403 of the Code of Georgia of 1933 by striking there from the provisions requiring insurance companies to make semi-annual state ments to the Governor and to publish a duplicate of the short form report made to the Governor; and for other purposes.

HB 431. By Mr. Kenimer of Harris:
A bill to require county boards of education, county authorities, hoards of edu cation of independent systems, to deduct and collect from each teacher's salary the amount provided in section 8 of the Teacher Retirement Act, Ga. Laws 1943; and for other purposes.

HB 437. By Messrs. Howard and McWhorter of DeKalb, Durden of Daugherty and Elliott of Muscogee:
A bill to amend section 68-1003 of the Georgia Code as amended, by striking from said section the words, "on occasional trips and over irregular routes," and for other purposes.

HB 522. By Messrs. Bagby of Paulding, Davis of Bartow, Williams of Toombs, and others:
A bill to amend an act entitled an act to amend an act entitled "Public Safety Department", by providing for one troop to consist of not more than 300 men in the discretion of the director of public safety; and for other purposes.

SB 77. By Senator Millican of the 52nd:
A bill to amend an act entitled an act to repeal an act approved August 18, 1925, relating to pensions for members of the police department in cities having a population of 150,000; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to provide that in all counties having a population of 200,000 or more the board of commissioners of roads and revenues shall have power to lease, rent or otherwise dispose of open air shells, auditoriums or theatrical facilities, where same may he used and devoted to purposes more advantageously than those for which it was constructed; and for other purposes.

602

JOURNAL OF THE SENATE,

SB 110. By Senator Millican of the 52nd:
A bill to amend an act to create a civil service board in cities of 200,000 or more according to population of 1930 or any future federal census; and for other purposes.

SB 111. By Senator Millican of the 52nd:
A bill applicable to cities having more than 250,000 people according to any previous or future federal decennial census providing that any such cities shall be enlarged by the extension of their corporate limits, shall provide civil service status and pensions for the employees of such areas performing the duties of firemen, school teachers; and for other purposes.

SB 118. By Senator Seay of the 22nd:
A bill to amend an act approved December 11, 1871, conferring additional powers upon the corporate authorities of the Town of Barnesville; changing corporate limits of said city; and for other purposes.

SB 119. By Senator Trippe of the 38th:
A bill to amend the charter of the City of Cedartown, by providing for the annexation of additional territory to the City of Cedartown; to eliminate the division of said city into wards; and for other purposes.

SB 120. By Senator Millican of the 52nd:
A bill to amend an act to provide c1Ues of 150,000 or more pension, for fire de partment members; and for other purposes.

SB 123. By Senator Millican of the 52nd:
A bill to amend an act establishing a new ch.Jlr!er for the City of Atlanta, approved February 28, 1874; to enlarge the corporate limits of said city; and for other purposes.

HR 74. By :Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens:
A resolution providing for a committee on the revision of the tax laws of the State of Georgia; and for other purpoEes.

HR 119. By :\fr. Twitty of Mitchell:
A joint resolution to petition Congress to pass permanent legislation to main tain a floor of not less than 90% of parity on all basic farm crops; and for other purposes.

THURSDAY, MARCH 20, 1947

603

HR 121. By Messrs. Crowe; and Hobby of Worth:
A resolution memorializing the Congress to provide for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House and Senate, to wit:
HR 116. By Messrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier: Be it resolved by the House, the Senate concurring, that the General Assembly convene in joint session at twelve o'clock, noon, Thursday, March 20, 1947, to hear a message from His Excellency, the Acting Governor; and for other purposes.

HR 123. By Messrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier:
Directing the Secretary of State and any other person who may have bills or reso lotions passed by this session of the Legislature, to return all Senate bills and resolutions to the secretary 9f the Senate and all House bills and resolutions to the clerk of the House of Representatives; and for other purposes.

SR 36. By Senators Pannell of the 43rd and Millican of the 52nd:
A resolution providing that upon the receipt of the bills and resolutions, the secre tary of the Senate and the clerk of the House are hereby directed to deliver the same to His Excellency, the Acting Governor, for his consideration in compliance with the constitution.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted resolutions of the Senate, to wit:

SR 33. By Senator Millican of the 52nd:
A resolution by the Senate, the House concurring, that a committee be appointed to install the Honorable M. E. Thompson as Governor of Georgia. Under provisions of SR 33 the speaker has appointed on the part of the House the following members of the House, to wit:
Messrs. Gowen of Glynn, Harrison of Jenkins, Wilson of Bibb, Malone of Laurens, Neel of Thomas, Watford of Long, and Key of Jasper.

604

JOURNAL OF THE SENATE,

SR 34. By Senator Bush of the 8th:

A resolution by the Senate, the House concurring, that the General Assembly

convene in joint session in the hall of the House of Representatives at 12:00 noon,

Thursday, March 20th, 1947, for the purpose of hearing a message from His

Excellency, the Acting Governor, and that a committee of five, three to he named

by the speaker of the House and two by the president of the Senate, be appointed

to escort the Acting Governor to the session.



Under provisions of SR 34 the speaker has appointed on the part of the House the following members of the House, to wit:

Messrs. Wells of Oarke, Morris of Richmond and Smith of Chatham.

The following bills and resolutions were read the first time and referred to committees:
HB 255. By Mr. McCracken of Jefferson:
A hill to amend section 56-403 of the Code of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make semi-annual statements to the Governor and to publish a duplicate of the short form report made to the Governor; and for other purposes.
Referred to Committee on Insurance.

HB 431. By Mr. Kenimer of Harris:
A bill to require county hoards of education, county authorities, boards of educa tion of independent systems, to deduct and collect from each teacher's salary the amount provided in section 8 of the Teacher Retirement Act, Ga. Laws 1943; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 437. By Messrs. Howard and McWhorter of DeKalb, Durden of Dougherty and Elliott of Muscogee:
A bill to amend section 68-1003 of the Georgia Code as amended, by striking from said section the words, "on occasional trips and over irregular routes"; and for other purposes.
Referred to Committee on Special Judiciary.
HB522. By ~lessrs. Bagby of Paulding, Davis of Bartow, Williams of Toombs and others:
A bill to amend an act entitled an act to amend an act entitled "Public Safety Department", by providing for one troop to consist of not more than 300 men in the discretion of the director of public safety; and for other purposes.
Referred to Committee on Special Judiciary.

THURSDAY, MARCH 20, 1947

605

HB 214. By Mr. Garland of Butts:
A bill to provide for home rule for counties electing to come under this act; to establish optional systems of county government for the several counties; and for other purposes.
Referred to Committee on State of Republic.

HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, and for particular purposes of changing by law the basic work week for city firemen employed by the City of Atlanta, and to determine other fire fighting duties; and for other purposes.
Referred to Committee on Municipal Government.

HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend the charter of East Point so as to provide that the salary of city alderman shall be fixed by the city council; and for other purposes. Referred to Committee on Municipal Government.

HB471. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act creating the civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes. Referred to Committee on Municipal Government.

HB 473. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, so as to annex certain_ land lots; and for other purposes. Referred to Committee on Municipal Government.

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend an act to incorporate the City of Hapeville, to extend the city limits of said city by the addition of certain unincorporated territory; and for other purposes.
Referred to Committee on :Municipal Government.

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend the charter of College Park, Georgia, by providing for the annexa tion of territory in Fulton and Clayton counties; and for other purposes. Referred to Committee on Counties and County Matters.

606

JOURNAL OF THE SENATE,

HB 498. By Messrs. Etheridge, Smith and Kendrick of Fulton:

A bill to amend the charter of College Park, so as to provide for increase in maximum ad valorem tax rate for ordinary government expenses; to amend the civil service law for College Park employees; to increase recorder's court costs; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of College Park, so as to amend the civil service law for College Park employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 518. By Mr. Arnall of Coweta:
A bill to amend an act of the General Assembly of Georgia entitled an act to create a new charter of the City of Newnan, so as to permit the mayor and council of the City of Newnan to enlarge and extend the corporate limits of the City of Newnan; and for other purposes.
Referred to Committee on Special Judiciary.

HB 502. By Mr. Bennett of Barrow:
A bill to create a new charter for the Town of Auburn; to define the corporate limits, etc.; and for other purposes.
Referred to Committee on Municipal Government.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, to provide a home for the East Point veterans of foreign wars; and for other purposes.
Referred to Committee on Municipal Government.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, to provide the manner and time for all elections in said city; to declare and consolidate the rights and powers of said incorporation; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, MARCH 20, 1947

607

HB 530. By Messrs. Smith, Etheridge and Kendrick of Fulton:

A bill to amend an act creating a new charter for the City of East Point; so as to annex substantially all of the unincorporated area of Fulton county west of Stewart avenue and south of Lakewood road to the City of East Point; and for other purposes.

Referred to Committee on Municipal Government.

HB 531. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of College Park, so as to establish and adjust ward boundaries and councilmanic representation in relation to annexed territory; and for other purposes.
Referred to Committee on Municipal Government.

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to enlarge the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act entitled an act to repeal all laws, and amendments to laws .heretofore passed, incorporating the City of College Park, to provide for extension of the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 538. By Mr. Stevens of Marion:
A bill to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create in county in this state having a population of 300,000 or more inhabitants an airport authority for said county; and for other purposes.
I
Referred to Committee on Counties and County Matters.

608

JOURNAL OF THE SENATE,

HB 122. By 1\fr. Addleton of Spalding:

A bill to provide that all hotels be equipped with certain protections and safe guards against fire; and for other purposes.

Referred to Committee on State of Republic.

HB 360. By Messrs. Joel and Wells of Clarke:
A bill to amend the charters of the superior courts of this State; to authorize any corporation heretofore or hereafter granted a charter; to fix rate of dividends and terms of payment thereof; and for other purposes.
Referred to Committee on Special Judiciary.

HB 502. By Mr. Bennett of Barrow:
A bill to amend the charter of the Town of Auburn; to define the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 507. By Mr. Conger of Tift:
A bill to amend an act providing a new charter for the town of Omega so as to increase the tax levy; and for other purposes.
Referred to Committee on Municipal Government.

HB 546. By Messrs. Cochran and Neel of Thomas:
A bill to amend the charter of Pavo in the counties of Thomas and Brooks so as to provide for the election of a mayor and five councilmen and to provide for their terms of office; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to provide that in every county in this State having a population of 300,000 or more inhabitants, according to the United States c.ensus of 1940, the board of commissioners of roads and revenues, or other county authority having charge of the roads and revenues thereof, may rent and lease concession privileges in the jails, court houses and other public buildings belonging to the county; and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, MARCH 20, 1947

609

HR 74. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens:
A resolution providing"for a committee on the revision of the tax laws of the State of Georgia; and for other purposes.
Referred to Committee on Finance.

The following resolutions of the House were read and adopted:
HR 116. By Messrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier:
A resolution by the House, the Senate concurring, that the General Assembly convene in JOint session at twelve o'clock, noon, Thursday, March 20, 1947, to hear a mes~age from His Excellency, the Acting Governor; and for other purposes.

HR 119. By Twitty of Mitchell:
A resolution to petition Congress to pass permanent legislation to maintain a floor of not less than 90% of parity on all basic farm crops; and for other purposes.

HR 121. By Messrs. Crowe and Hobby of Wonh:
A resolution memorializing the Congress to provide for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

HR 123. By Messrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier:
A resolution directing the Secretary of State and any other person who may have bills or resolutions passed by this session of the Legislature to return all Senate bills and resolutions to the secretary of the Senate and all House bills and resolu tions to the clerk of the "House of Representatives; and for other purposes.

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

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

HB 371. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

610

JOURNAL OF THE SENATE,

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. President:

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

HB 29. Do Not Pass. HB 360. Do Not Pass. HB 505. Do Pass as amended. SB 131. Do Pass. SB 132. Do Pass.

Respectful'y submi:tted,

Logan of 33rd District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, . submitted the following report:

Mr. President:

Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 488. HB 269. HB 517. HB 165. HB 417. HB 523. HB 524. HB 521. HB 574. HB 372.

Do Not Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, submitted the following report:

Mr. President:

Your Committee on State of Republic has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 214. Do Pass as amended. HB 122. Do Pass by substitute.

Respectfully submitted,
Weaver of 51st District, Chairman

THURSDAY, MARCH 20, 1947

611

.Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to th'e Senate with the following recommendations:

HB 383. Do Pass.

HB 299. Do Pass.

HB 457. Do Pass.

HB 476. Do Pass.

HB 490. Do Pass.

HB 435. Do Pass.

HB 525. Do Pass as amended.

HB 526. Do Pass.

HB 329. Do Pass.

HB 429. Do Pass.

HB .ro6. Do Pass.

HB 452. Do Pass.

HB 456. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Trippe of the 38th District, vice-chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 458. Do Pass.

HB 459. Do Pass.

HB 527. Do Pass.

Respectfully submitted,

Trippe of 38th District, Vicle-Chainnan

612

JOURNAL OF THE SENATE,

Mr. Sumner of the lOth District, chairman of the Committee on Public Health, sub mitted the following report:

Mr. President:
Your Committee on Public Health has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 454. Do Pass.

Respectfully submitted.

Sumner of lOth Qistrict, Chairman.

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Eurolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SR 36.

Respectfully submitted,

Wideman of 46th Distrid.t, Chairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the Acting Governor, Honorable M. E. Thompson:

SR 36.

Respectfully submitted,

Wideman of 46th Distriot, Chairman

The following resolutions of the Senate were read and adopted:

SR 36.

By Senators Millican of the 52nd and Pannell of the 43rd:
A resolution by the Senate, the House concurring, that the Secretary of State and any other person who may have bills or resolutions passed by this session of the Legislature be directed to return all Senate bills and resolutions to the secretary of the Senate, and all House bills and resolutions to the clerk of the House of Representatives, and that upon the receipt of the bills and resolutions, the secre tary of the Senate and the clerk of the House are directed to deliver the same to His Excellency, the Acting Governor, for his consideration in compliance with the Constitution; and for other purposes.

THURSDAY, MARCH 20, 1947

613

SB 37. By Senator Ramsey of the lst, Tarbutton of the 20th, and Weaver of the 51st:
A resolution by the Senate that this body extend its sympathy to the family of the Honorable Clarence Tondee Guyton, Senator-elect for the First District, who departed this life December 24, 1946.

The following bills of the House, favorably reported by the committees, were read the second time :
HB 435. By Mr. McCracken of Jefferson:
A bill to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute, approved October 5, 1885; and for other purposes.

HB 452. By Messrs. Evans, Smith and Skinner of Chatham: A bill to amend an act creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia; and for other purposes.
HB 456. By Messrs. Evans, Skinner and Smith of Chatham: A hill to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.
HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris and Callier of Talbot: A hill to estahlish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.
HB 517. By Mr. Green of Rabun: A hill to prescribe the method by which incorporated cities or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.
HB52l. By Mr. Harrison of Wayne: A hill to incorporate the City of Jesup to give authority to the mayor and council to levy a tax not exceeding 2 per cent; to prohibit animals to run at large; and for other purposes.

HB 526. By Messrs. Etheridge, Kendrick and Smith of Fulton; Hubert, Howard and McWhorter of DeKalh:
A bill to establish a metropolitan planning district for Fulton and DeKalb counties; and for other purposes.

614

JOURNAL OF THE SENATE.

HB 250. By Messrs. Kenimer of Harris, Garland of Butts and Huddleston of Fayette:

A bill to amend an act to establish retirement system for aged and incapacitated teachers in State public schools, by striking sub-section 2 of section 4 and amend same; and for other purposes.

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.

HB 372. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to amend the charter of the City of Savannah by authorizing the mayor and alqermen to enter into contracts for group insurance covering its employees; and for other purposes.

HB374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah in order to create a personnel board; and for other purposes.

HB 406. By Mr. Yawn of Dodge:
A bill to amend an act to create a new charter for the City of Eastman, to provide tbat any property which is not returned for taxation or undeveloped in return shall be assessed a penalty of 10% of amount of taxes due with minimum penalty of $1.00; and for other purposes.

HB 429. By Messrs. Towill, Morris and Eve of Richmond:
A bill to prohibit and to regulate within the territorial limits of any county in this State having a certain population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

HB 214. By Mr. Garland of Butts:
A bill to pFovide for home rule for counties electing to come under this act; and for other purposes.

HB 229. By Messrs. Elliott of Muscogee, Hubert of DeKalb, Shields and Holleman of Muscogee and Kemper of Bibb:
A bill to amend the "Motor Fuel Tax Law"; and for other purposes.

THURSDAY, MARCH 20, 1947

615

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:

A bill to make it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond shall be paid by the county fiscal authorities from county funds; and for other purposes.

HB 371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act relating to the police court of the City of Savannah by providing the method of punishments and sentences, etc.; and for other purposes.

HB383. By Mr. Willingham of Cobb:
A bill to amend an act relating to coroners salary in counties having a population of not less than 37,000 and not more than 41,000; and for other purposes.

HB 457. By Messrs. Evans, Smith and Skinner of Chathal1l:

A bill to provide an additional judge to preside regularly in the superior court of

the Eastern judicial circuit of Georgia so as to make two judges in said court; and

for other purposes.



HB476. By Mr. Pulliam of Elbert:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700; and for other purposes.

HB 523. By Mr. Massey of Dade:
A bill to amend an act to provide for a new charter for the City of Trenton; and for other purposes.

HB 525. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.

The following resolutions of the House were read and adopted:
HR 119. By Mr. Twitty of Mitchell: A resolution to petition Congress to pass permanent legislation to maintain a floor of not less than 90% of parity on all basic farm crops; and for other purposes.

616

JOURNAL OF THE SENATE,

HR 121. By Messrs. Crowe and Hobby of Worth:

A resolution memorializing the Congress to provide for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

Senator Woodall of the 25th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Education, read the second time and recommitted:
HB 193. By Mr. Elliott of Muscogee:
A bill to establish a veterans education council; to provide for the selection of the members; and for otber purposes.
Th~ consent was granted.

Senator Logan of the 39th asked unanimous consent thal the following bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 29. By Mr. McCracken of Jefferson:
A bill to limit the time that suit may be brought against motor carriers for freight overcharges; and f2r other purposes.
The consent was granted.

The following local bills and resolutions of the House were read the third time and put upon their passage:
HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to provide a permanent pension and retirement plan for county employees and/ or officers, elective and/ or appointed, of Bibb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 165. By Messrs. Brooke and Britton of Whitfield:
A bill to amend an act incorporating the City of Dalton so as to provide for management and control of utilities of the City of Dalton; to give city right to own, control and operate same; and for other purposes.

THURSDAY, MARCH 20, 1947

617

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

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

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

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to amend the charter of the City of Dalton; to amend, consolidate and supersede an act incorporating the City of Dalton and the several acts amendatory therefor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to provide for the furnishing of an identification certificate by tax collectors to persons who register to vote in any counties in the State having a population of not less than 100,000 and not more than 300,000; 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a popu lation of not less than 115,000 and not more than 170,000, the total compensation of the tax collector shall not exceed the sum of $6,500.00 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

618

JOURNAL OF THE SENATE,

HB 384. By Messrs. Evans, Skinner and Smith of Chatham:

A bill to amend an act to authorize and empower the comm1ss1oners of Chatham county and ex-officio judges to 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 47, nays 0.

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

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to amend an act of the General Assembly of Georgia, entitled an act to create a new charter of the City of Newnan so as to provide zoning regulations for 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 494. By Messrs. Smith, Skinner and Evans of Chatham:
A bill to authorize the officers of any county in this State having a population of not less than 115,000 and not more than 170,000, to install and use photostatic equipment or other photographic equipment in recording and copying records and in furnishing copies 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 519. By Mr. Garrison of Habersham:
A bill to amend the charter of the City of Clarkesville so as to amend section 26 of the act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 20, 1947

619

HB 524. By Mr. Dorsey of White:

A bill to amend an act incorporating the Town of Cleveland; to create a new charter for &aid corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 527. 1By Mr. Lewis of Hancock:

A bill to provide that the ordinary, sheriff and clerk of the superior court of a county in the State of Georgia having a population of not less than 12,762 and not more than 12,766, shall designate the official organ for publishing legal adver tisements in a newspaper in said county; and for other purposes.

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

agreed to.



On the passage of the bill, the ayes were 45, nays 0.

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

HB 532. By Mr. Bradley of Tattnall:
A bill to abolish the offices of tax collector and tax receiver in the County of Tattnall; to create the office of tax commissioner by consolidating the two; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:
A bill to create the Georgia coastal scenic highway authority, to provide the authority to promote, develop, construct, equip, maintain and operate a toll highway in any or all of the counties in the coastal highway district of this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

620

JOURNAL OF THE SENATE,

HR 77. By Messrs. Smith of Bryan and Johnson and Mallard of Bulloch:

A resolution to authorize the State to survey and establish a true line between the counties of Bulloch and Bryan; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 41, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

Senator Coker of the 39th asked unanimous consent that the Senate reconsider its actions on the following bill of the House:
HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:
A bill creating the Georgia coastal scenic highway authority; and for other purposes.
The consent was granted, and HB 189 was referred to the Committee on Rules.

Senator Millican of the 52nd asked unanimous consent that the Senate reconsider its actions on the following resolution of the House:
HR 77. By Messrs. Smith of Bryan and Johnson and Mallard of Bulloch:
A resolution to authorize the State to survey and establish a true line between the counties of Bulloch and Bryan.
The consent was granted and HR 77 was referred to the Committee on Rules.

HR 35. By Messrs. :\fcWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to article VII, section IV, paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant t8 the governing authority of DeKalb county the right to construct or repair streets and ~idewalks and to lay curbing, water and sewer mains and to asses5 the costs thereof pro-rata against the abutting property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property; and for other purposes.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that article VII, section IV, paragraph II of the Constitution of Georgia of 1945 be amended by adding thereto the following:

THURSDAY, MARCH .20, 1947

621

"The General Assembly may grant to the governing authority of DeKalb county the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro-rata against the abutting prop-
erty owners, provided the owners of 51'7o of the property abutting such improve-
ments shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property." Provided, however, that any act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the porperty has been subdivided into lots having one hundred fifty (150) foot of street frontage or less.
Section 2. Be it further enacted, that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the "Ayes" and "Nays" entered thereon, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For the ratification of the amendment to article VII, section IV, paragraph II of the constitution authorizing the General Assembly to permit the governing authority of DeKalb county to construct streets and provide other public improvements and to assess the costs against the abutting property owners," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment to article VII, section IV, paragraph II of the constitution authorizing the General Assembly to permit the governing authority of DeKalb county to construct streets and provide other public improvements and to assess the costs against the abutting property owners." If adopted, the result shall be declared and said amendment shall become a part of article VII, section IV, paragraph II of the Constitution of the State of Georgia, and the Governor shall make a procla mation therefor, as provided by law.
Section 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker

Daniell Darby Dorsey Ferguson Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox

Logan Mason Millican Mitchell Odom Overstreet Pannell Parker
. Ramsey
Richardson Seay Smiley

622

JOURNAL OF THE SENATE.

Sumner Tippins Trippe

Walker Weaver Wells Wideman

Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 61. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment, or both, upon any part of or all the real property (and also if desired upon any occupants thereof) in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment, or both, so levied need not be uniform within the county and need not be uniform within any garbage disposal district, notwithstanding the provisions of article 7, section 1, paragrap_h 3 of the constitution; and for other purposes.
Section 1. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit:
"The board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment or both upon any part of or all the real property (and also if desired upon any occupants thereof) in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment or both so levied need not be uniform within the county and need not be uniform within any garbage disposal district, notwithstanding the provisions of article 7, section 1, paragraph 3 of the constitution."
Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two houses, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each congressional district, and in one or more newspapers in Fulton county, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people at said next general election. All persons voting at said election in favor of adopting said proposed amendment to the constitution shall have written or printed on their ballots the words: "For ratification of amendment to

THURSDAY, MARCH 20, 1947

623

article 7, section 4, paragraph 1, of the constitution, authorizing assessment and tax in Fulton county without regard to uniformity for garbage disposal services and systems hereby authorized." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to article 7, section 4, paragraph 1, of the constitution, authorizing assessment and tax in Fulton county without regard to uniformity for garbage disposal services and systems hereby authorized."
If a majority of electors, qualified to vote for members of the General Assembly, voting thereon, in the State as a whole, and also a majority of said electors, voting thereon, in Fulton county, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assem bly the said amendment shall become a part of article 7, section 4, paragraph 1, of the Constitution of this State, and the Governor shall make a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoptiop of the resolution, the ayes were 46, nays 0.

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

HR 67. By Messrs. Kendrick, Smith and Etheridge of Fulton, and others:
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 amt>ndeoi August 13, 1945.

624

JOURNAL OF THE SENATE.

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, paragraph 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 by any public corporation created by them or either of them, to provide funds for the construction, 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 eiection 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 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 resol~tion, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch

Boone Brown Burks Bush

Butler Callaway Carswell Coker

THURSDAY, MARCH 20, 1947

,
625

Daniell Darby Dorsey Ferguson Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox

Logan Mason Millican Mitchell Odom Overstreet Pannell Parker Ramsey Richardson Seay Smiley

Sumner T:ppins Trippe Walker Weaver Wells Wideman Wilhams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite twothirds constitutional majority, was adopted.

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb:

A RESOLUTION
WHEREAS, article 7, section 4, paragraph 15 of the amended Constitution of Georgia of 1945 provides authority ample to provide retirement or pension funds for officers and employees of any county; and,
WHEREAS, the constitutional amendment designated as Bibb Retirement System set forth in the acts of 1945 of Georgia, pages 106 to 108 and ratified by the people in the general election of 1945 as an amendment to the Constitution of 1877, is merely cumulative and is unnecessary to the setting up of a retirement and/or pension fund for Bibb county; and,
WHEREAS, no action has been taken by the governing authorities of Bibb county to set up such a pension and/or retirement system, and action has been taken in the General Assembly to set up such a system for Bibb county under the general authority of article 7, section 4, paragraph 15 .of the Constitution of Georgia of 1877 as amended in the general election of 1945;
THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section I. That the amendment amending paragraph II of section VI of article VII of the Constitution of the State of Georgia of 1877, approved March 9, 1945, and authorizing the General Assembly to enact laws to create a retirement fund and/or system of pension or retirement pay for any fund and/or system of pension or retirement pay for any and county employees and officers -of Bibb county, Georgia, and for other purposes, and reading as follows:

626

JOURNAL OF THE SENATE,

"The General Assembly shall have authority, however, to enact laws authorizing the County of Bibb, in the sole discretion of its governing authority, to create and contribute to a retirement fund and/ or system of retirement pay, either by direct contribution to such a fund or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Bibb county, and who hold their offices or positions either by election or appointment, to levy taxes for these purposes, and to enact laws establishing rules for tenure of office for such officers and employees and for other purposes consistent therewith;"
be, and the same is, hereby repealed and stricken in its entirety.
Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed resolution repealing said amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered upon their journal, with the yeas and nays taken thereon, the Governor shall be, and he is hereby, authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district for two months previous to the time of holding the next general election.
BE IT FURTHER RESOLVED, that this resolution shall be submitted, as one single amendment to the constitution, to the people for ratification or rejection in the next general election. 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 relating to Bibb county repealing the amendment to the constitution set out in acts of 1945, pages 106-108, adopted in the general election of 1945." Those voting against the ratification of the proposed amendment shall have written or printed on their ballots the words, "Against the amendment relating to Bibb county repealing the amendment to the Constitution of Georgia set out in acts of 1945, pages 106 to 108, adopted in the general election of 1945." If a majority of those voting vote for this amendment herein proposed, when he results are certified to the Governor, he shall proclaim the amendment adopted.
Senator Weaver of the 51st offered the following amendment:
Amend HR 70 by striking the third paragraph of the preamble.
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

On the adoption of the resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks

Bush Butler Callaway Carswell Coker Daniell Darby

Dorsey Ferguson Griffith Hogg Howard Huckeba Kennon

THURSDAY, MARCH 20, 1947

627

Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet

Pannell Parker Ramsey Richardson Seay Smiley Sumner Tippins Trippe

Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton. On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 83. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Spalding county into school districts, and for the election of mem hers of the county board of education from such school pistricts, to provide for their terms of office and qualifications; to provide for the election and appoint ment by the county board of education of a superintendent of the county -school system, and to prescribe his qualifications and term of office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia:
Section 1. That article 8, section 5, paragraph 1 of the Constitution of Georgia be and the same. is hereby amended by adding at the end thereof a new paragraph as follows, to wit:
"The members of the- county board of education of Spalding county shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the ordinary of Spalding county to call an election for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the superior court for the unexpired term. The County of Spalding, outside of the city limits of the City of Griffin shall, by the judge of the superior court, the clerk of the superior court, and the ordinary, be laid off and divided into five school districts to be known, numbered and desig-
nated as school districts numbers 1; 2, 3, 4, and 5; the geographical limits of
such school districts may be changed and relaid off from time to time in the discretion of the officers herein named upon an unanimous vote of the said officers so to do. One member from each of the above designated school districts shall be elected to serve on said board, and only the registered and qualified voters in each school district shall vote for the election of a member from that district.

628

JOURNAL OF THE SENATE,

"Should the charter providing for the operation of the Griffin independent school system be surrendered and the laws governing the operation of the Griffin independent school system be repealed, the number of members of the county board of education shall be increased to 10 members, with 5 members being elected from the City of Griffin, which shall be designated as school district No. 6 of Spalding county; that within 60 days after the ratification of this amendment, if the charter of the Griffin independent school system shall have been surrendered, the ordinary of Spalding county shall call a special election for the purpose of electing 5 additional members of the county board of education from said school district, who shall serve until the next election of other county officers, when their successors shall be elected. Only the registered and qualified voters in this said school district shall vote for the election of the five members from said district.
"No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the county school superin tendent shall be eligible to vote.

"That from and after the ratification of this amendment the grand jury of Spalding county shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided.

"No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, and who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly.

"The county school superintendent of Spalding county shall be elected or appointed by the county board of education for a term not to exceed 4 years, and he shall hold such office until his successor is elected and qualified. From and after the ratification of this amendment the voters of Spalding county shall no longer elect the county school superintendent, but the present superintendent shall serve until his successor is duly elected or appointed as above provided by the county board of education.

"Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least two years practical experience in school administration, and he shall have completed a minimum of five school years of college and shall have graduated from an accredited college or university, and shall hold the degree of master of arts or an equivalent master's degree."

Section 2. BE IT FURTHER RESOLVED, that when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same shall have been entered on their journals with the "ayes" and "nays" taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next general election at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers

THURSDAY, MARCH 20, 1947

629

in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor of adopting the propo~d amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for the election of members of the Spalding county board of education, and the appointment of a county school superintendent by said board," and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, "Against ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for the election of members of the Spalding county board of education, and the appointment of a county school superintendent by said board. If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Spalding voting thereon ratify such amendment, the same shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

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

630

JOURNAL OF THE SENATE,

HR 90. By Messrs. Adams and Hurt of Polk:

A resolution proposing to the qualified voters an amendment to paragraph 1, section 5, article 8 of the Constitution of Georgia of 1945 so as to provide for a county board of education for Polk county, Georgia, to be composed of nine (9) members and for four additional members should Cedartown merge with Polk county; to provide the qualification of the board members, their term of office and the manner of their election; to vest the county board of education with all . powers and duties Bow exercised by county boards of education and local trustees; to provide for a county school superintendent and his election by the county board of education, to provide that the territory of Polk county outside of independent systems shall constitute one school district; to provide for a special school tax of two mills to be levied on all property of the county in addition to the fifteen mills provided for in paragraph 1, section 12, article 8 of the constitution; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

SECTION I

That paragraph 1, section 5, article 8 of the Constitution of Georgia of 1945 be, and the same is hereby amended by adding at the end thereof new paragraphs as follows, to wit: "All of.Polk county lying outside of independent school systems now in existence in said county ~hall compose one school district and shall he under the control and management of a county hoard of education. There shall be a Polk county hoard of education which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first hoard and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said hoard so ap pointed their successors shall he elected by the qualified voters of that portion of Polk county which is now or may hereafter he under the jurisdiction of the Polk county board of education, and for a term of four years. The election for hoard members shall he held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk county hoard of edu cation. All candidates for membership on the Polk county board of education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said hoard. The new hoard of education provided for in this amendment shall take office January 1, 1949, and the first election shall he held on the second Tuesday in December. 1950, and other elections shall he held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the county hoard of education shall he elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar Lake, Fish, t"ite, and two members shall he elected from the elementary school attendance area of Rockmart. The membership of the Polk county hoard of edu cation shall he enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk county school system and the four additional mem hers shall he elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk county board of education. Should a vacancy occur on said hoard by reason of death, resignation, or otherwise, the remaining members of the hoard shall by secret ballot elect a successor who shall hold office until the first election for members of the hoard as herein provided. No person

THURSDAY, MARCH ~. 1947

631

shall be eligible to hold office as a member of the Polk county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education; who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.
There shall be a county school superintendent who shall be elected or appointed by the county board of education of Polk county. Before any person shall be elected or appointed county school superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirement as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk county shall no longer elect a county school superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in paragraph 1, section 12, article 8 of the constitution, the fiscal authorities of Polk county shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk county board of education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk county board of education."

SECTION II
BE IT FURTHER RESOLVED .that when said amendment shall be agreed to by two-thirds vote of the members of each house with the "ayes" and "nays" taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next general l'lection at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor of adopting the proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amend ment to paragraph 1, section 5, article 8 of the constitution providing for nine (9) members Polk county hoard of education and the election of a county school superintendent by said board," and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, "Against ratification of amendmeni to paragraph 1, section 5, article 8 of the constitution providing for nine (9) member Polk county board of education and the election of a county school superintendent by said board." If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Polk voting thereon ratify such amendment, the same shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as retums for members of the General Assembly, and it shall be the duty of the Secretary of the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

632

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the req~isite two-thirds constitutional majority, was adopted.

HR 92. By Mr. Elliott of Muscogee, and others:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article VIII, section VII of the constitution of the State of Georgia, said amendment to be known as paragraph II of said section, so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county.

SECTION I
Be It Resolved by the General Assembly of Georgia, that article VIII, section VII of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to be known as paragraph II, and to read as follows:
Paragraph II. Merger of existing independent school system of City of Columbus and existing school district in Muscogee county outside the corporate limits of said city into one school district or system. The General Assembly of Georgia is hereby authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee outside the corporate limits of said city, as said corporate limits will exist on December 31, 1948, or may be thereafter extended, so

THURSDAY, MARCH 20, 1947

633

that the entire area of said county shall constitute one school district or system, the existing independent school system of said city and the existing school district in said county outside said corporate limits of said city being thereby abolished. The construction, equipment and operation of a public library or libraries by said school system so to be created shall be held to be a part of said school system."

The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system. Property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by article VII, section I, para graph IV of this constitution.

The General Assembly may provide either (1) for the fixing of the rate of the county-wide school tax by the commission of the City of Columbus and the board of roads and revenues of Muscogee county meeting in joint session; after which, at separate meetings of said commission and said board, said commission shall levy taxes, at the fixed rate, on property within the corporate limits of said city, and said board shall levy taxes, at the fixed rate, on property in said county outside said corporate limits. Under this plan, returns for taxation of property located in the corporate limits shall be made to the city authorities, and assessments on said city property and all proceedings for collection of taxes thereon shall be had by the city authorities; while returns for taxation of property located in said county outside the corporate limits of said city shall he made to the regular county authorities, and assessments on said property outside the corporate limits of said city and all proceedings for collection of taxes thereon shall he had by the regular county authorities. Or (2) in lieu of or in combination with the said plan, the General Assembly may vest the powers of taxation, the making of provisions for tax returns and assessment of property and collection of taxes, together with such other powers necessary or incidental to the support of said school system, in any public body, hoard or commission or combinations thereof, or may create new public bodies, hoards, or commissions, or combinations thereof, in which said powers may he vested. Said public bodies, boards or commissions, or combinations thereof, shall have representation throughout said county.

The act of the General Assembly providing for said school merger may provide that all assessments of property made after the first day any January as a basis of taxation for said school system shall he effective as of the first day of January of that year; and in cases of all taxes levied for said school system after the first day of any January the tax lien shall date, rank and become fixed as of the first day of January of that year.

The General Assembly may vest the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquisition, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system, in any public bodies, boards or commissions or combinations thereof having representation thereon throughout the County of Muscogee; or may create new public bodies, hoards, or commissions, or combinations therefor, in which said powers may he vested.

The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges; and said school system shall he entitled to its pro-rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States.

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JOURNAL OF THE SENATE,

The General Assembly shall provide for a hoard of edu~ation, to hear such name and have such powers as may he provided in 'said act, to administer said school system throughout said county; said hoard to elect or employ a superintendent of education, and all teachers and employees necessary to the administration of said school system.'

The hoard of education shall he elected by such public body or bodies, having representation thereon throughout the county, as may he provided by the General Assembly.

The hoard of education shall consist of not more than fifteen (15) nor less than nine (9) members, one-third of the members of such hoard to he residents of Muscogee county outside of the corporate limits of the City of Columbus, and the remaining members of said hoard to he residents of said city.

The General Assembly may authorize the City of Columbus and the County of Muscogee to appropriate money from their general funds to the hoard of education so to he created, for educational purposes, including a public library or libraries to he operated by said hoard of education. This power of appropriation shall also exist upon the ratification of this amendment before the merger of the existing city school system and the existing school district in said county and before the passage of an act by the General Assembly pursuant hereto, so as to permit said city to appropriate general funds to the existing city school system and to the existing school district in said county outside the corporate limits of said city, and to permit said county to appropriate general funds to the existing city school system and the existing school district in said county outside the corporate limits of said city.

The General Assembly may from time to time enact special acts amending acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Muscogee county in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted.

The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto_ are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Mu!cogee county.

The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this constitution, or the general or special laws of the State.

The original act to be enacted by the General Assembly pursuant hereto, mak ing provisions for the merging of the existing independent school system of said city and the existing school district in said county outside the corporate limits of said city, shall provide that said act shall not become effective until a referendum shall be held throughout the County of Muscogee resulting in favor of said school merger. To that end said act shall provide for separate referendums, held on the same day, to be had within the City of Columbus and in the territory of Muscogee county outside of said city, in which both a majority of the qualified voters of the city voting in said city referendum and a majority of the qualified voters of the county outside of said city voting in said referendum must vote in favor of said school merger before it becomes operative, the votes within and the votes outside the corporate limits of the city to be counted separately and not consolidated.

THURSDAY, MARCH 20, 1947

635

The specification of certain powers herein is not intended to be exclusive, it being the intention that all provisions hereof are to be liberally construed so as effectively to execute the general purpose of extending the existing independent school system of the City of Columbus throughout the entire territory of Muscogee county.

SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the constitution shall have been agreed to by twothirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this State, said amendment also to be advertised in a newspaper pub lished in the City of Columbus having general circulation throughout Muscogee county, for two months next preceding the time of holding the next general elec . tion at which members of the General Assembly are chosen.

SECTION 3
Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State of Georgia at the next general election at which members of the General Assembly are chosen, to be had after the publications provided for in section 2 of this resolution, and in the various election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shalt have written or printed on their ballots the .words: "FOR RATIFICATION of amendment to article VIII, section VII, of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special act or acts to merge the existing. school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system coextensive with the limits of said county"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "AGAINST RATIFICATION of amendment to article VIII, section VII of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special act or acts to merge the existing school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county."
If a majority of the electors qualified to vote voting thereon in the state as a whole, and also a majority of the electors qualified to vote voting thereon in Muscogee County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become part of the Constitution of this state.
The returns of the election shall be made in like manner as returns of elections for members of the General Assembly; and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

636

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Adams Arnold Baker

Griffith Hogg Howard

Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Those not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 96. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph l of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of munfcipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas, and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business; and so as to provide that the board of commissioners of roads and revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens

THU,RSDAY, MARCH 20, 1947

637

of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violation of any regulation adopted by the board of commissioners of roads and revenues of Fulton County or the failure to pay license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia; and for other purposes.

SECTION 1. Be it resolved by the General Assembly of the State of Georgia, that article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit:
"The board of commissioners of roads and revenues of Fulton County shall have the right and power to assess alid collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business. The board of commissioners of roads and revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violations of any regulation adopted by the board of commissioners of roads and revenues of Fulton County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia.
SECTION 2. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each congressional dietrict and in one or more newspapers in Fulton County for two months previous to the time for holding the next general election at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to article 7, section 4, paragraph 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of article 7, section 4, paragraph 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same." If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the state as a whole, and also a majority of said electors voting thereon in Fulton County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly the said amendment shall become a part of article 7, section 4, paragraph 1 of the Constitution of this state and the Governor shall make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

638

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Those not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes .were 46, nays 0.

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

HR 97. By Messrs. Kendrick and Smith of Fulton:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to article 7, section 4, paragraph 1 of the Constitution of Georgia of 1945 so as to authorize the General Assembly to include in the civil service and/or merit system heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the treasurer of Fulton County or out of funds belonging to Fulton County; to ratify all extensions in the coverage of said civil service system heretofore made by the General Assembly prior to the ratification of this amendment; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia:

SECTION 1
That article 7, section 4, paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said paragraph the following language:

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639

" provided, however, that the General Assembly shall be authorized to include in the civil service and/or merit system heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the treasurer of Fulton County or out of funds belonging to Fulton County. All extensions in the coverage of said civil service system heretofore made by the General Assembly to persons other than employees of Fulton County and employees and deputies of county officers of Fulton County are by this amendment ratified, confirmed and continued in force, except as the same may hereafter be changed or amended by the General Assembly."

SECTION 2

Whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) vote of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and .nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state and in one or more newspapers in Fulton County for two (2) months previous to the time for holding the next general election, at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to article 7, section 4, paragraph 1 of the Constitution authorizing the extension of the civil service and/or merit system in Fulton County and ratifying its extension by the General Assembly," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to article 7, section 4, paragraph 1 of the Constitution authorizing the extension of the civil service and/or merit system in Fulton County and ratifying its extension by the General Assembly." If a majority of the electors qualified to vote and voting thereon in the state as a whole shall vote in favor of the adoption of said amendment, and also if a majority of the electors qualified to vote and voting thereon in Fulton County shall vote in favor of the adoption of said amendment, when the returns shall be consolidated as required by law in elections for members of the General Assembly, then said amendment shall become a part of article 7, section 4, paragraph 1 of the Constitution of Georgia of 1945 and the Governor shall make proclamation thereof accordingly.

The report of the committee, which was favorl\ble to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown

Burks Bush Butler Callaway Carswell Coker

Daniell Darby Dorsey Ferguson Griffith Hogg

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JOURNAL OF THE SENATE,

Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell

Odom Overstreet Pannell Parker Ramsey Richardson Seay Smiley Sumner Tippins

Trippe W<alker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution having ro>ceived the requisite two-thirds constitutional majority, was adopted.

HR 98. By Messrs. McWhorter, Hubert and Howard of DeKalb:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to paragraph IV, section I, of article VII of the Constitution of Georgia so as to authorize and provide that the county board of education of DeKalb County may levy a tax for school purposes on all property located in said county not included in any in dependent school system located therein, and to provide that the exemption granted in this paragraph shall not apply to the levy made by said board of education for school purposes; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION I. That paragraph IV, and section I of article VII of the Con stitution of Georgia, be and the same is hereby amended by adding at the end thereof a provision to read as follows:
"Provided, however, that the exemption herein granted shall not prevent the county board of education of DeKalb County from levying a tax for school purposes on all property located in DeKalb County not included in any independent school system located therein, including such property as may be exempted from state and county taxation by reason of the homestead exemption herein provided for. The said board of education of DeKalb County is hereby authorized and empowered to levy for school purposes a tax on all of the property located in said county not included in any independent school system located therein, including the property which may be exempted from state and county taxation by virtue of this paragraph of the Constitution."
SECTION II. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the "ayes" and "nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each

THURSDAY, MARCH~. 1~7

641

congressional district of this state, and for two months next preceding the time of holding the next general election, at which general election the above proposed amendment shall be submitted for ratification or rejection to the electors of this state, at which election every person shall be qualified to vote who is qualified to vote for the members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to paragraph IV, section I of article VII of the Constitution on providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the county board of DeKalb County" and all persons opposing the adoption of said amendment shall have written or printed on their ballot the words, "Against ratification of amendment to paragraph IV, section I of article VII of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the county board of DeKalb County." If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the elections shall be made in like manner as returns for elections of members of the General Assembly and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

SECTION III. Be it further resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

642

JOURNAL OF TilE SENATE,

On the adoption of the resolution, the ayes were 46, nays 0. The resolution, having received the requisite two-thirds majority, was adopted.

HR 105. By Messrs. Elliott, Holleman and Shields of Muscogee:

A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to anicle XI, section I, paragraph VI of the Constitution of the State of Georgia,. as the same has heretofore been amended, revised or changed, so as to provide that the depanment of health of the City of Columbus, Georgia, may he combined with the depanment of health of Muscogee County, Georgia, to he known as "Muscogee County depanment of public health," said Muscogee County depanment of public health to he administered by a governing body to he known as "county hoard of health," whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus and other incorporated area lying within said county.

SECTION I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that anicle XI, section I, paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended, revised or changed, shall he funher amended by adding at the. end thereof a new paragraph to provide as follows:
"Notwithstanding the provisions of paragraph VI, section I, article XI of the Con stitution, the County of Muscogee, Georgia, and the City of Columbus, Georgia, shall regulate the health of said county and of said city through the 'Muscogee County depanment of public health,' to he administered by a governing body to he known as 'county hoard of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within 51\id county, created and existing under and by vinue of an act of the General Assembly of Georgia (Ga. Laws 1941, pages 937-947) 'entitled an act to combine the depanment of health of the City of Columbus with the department of health of Muscogee County, and said combined departments to he known as 'Muscogee County department of public health,' to he administered by a governing body to he known as 'county hoard of health,' whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a commissioner of health, and assistant personnel; and for other purposes,' which act and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder he and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments and the adoption of such rules and regulations; and the act of the General Assembly of Georgia (Ga. Laws 1943, pages 265-266) entitled 'an act amending chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to county hoards of health, by adding to said chapter a new section, to he known as 'section 88-207', and providing that there he excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to acts of the General Assembly, for combined county and city health depanments, or county-wide health depanments, whether or not such acts refer to the provisions of this chapter or to the act from which it is codified and providing that they he authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by

THURSDAY, MARCH 20, 1947

643

both the municipal and county taxing authorities of the cJUes and counties so combining and by the county taxing authorities of the counties operating a countywide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or county-wide health departments shall, in all other respects conform to chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the state department of public health and for other purposes,' and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder be and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments and of the adoption of such rules and regulations."

SECTION II
BE IT FURTHER RESOLVED, that whenever the above proposed amendment to the Constitution of the State of Georgia shall have been agreed to by twothirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their respective journals with the yeas and nays taken thereon, the Governor shall be and he hereby is authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district, for two months previous to the time of holding the next general election, at which election, members of the General Assembly are chosen, and in like manner to cause the said amendment to be published in a newspaper having general circulation among the citizens of the City of Columbus, and of the County of Muscogee.
SECTION III
BE IT FURTHER RESOLVED, that the above proposed amendment shall be submitted for ratification or rejection to the qualified voters of the State of Georgia and of the area directly affected thereby, at the next general election to be held after the publications provided for in section II of this resolution, in the several election districts of this state, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitutio11 of the State of Georgia shall have written or printed on their ballots the words,
"For ratification of amendment to paragraph VI of section I of article XI of the Constitution of the State of Georgia, 1945, authorizing the health of 'Muscogee County and the City of Columbus to be regulated by 'Muscogee County department of public health,' through a governing body known as 'county board of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said county."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,
"Against ratification of amendment to paragraph VI of section I of article XI of the Constitution of the State of Georgia, 1945, authorizing the health of Muscogee County and the City of Columbus to be regulated by 'Muscogee County department of public health,' through a governing body known as 'county board of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said county."
If said qualified voters in the State of Georgia as a whole, and in the City of Columbus and the County of Muscogee, ratify such amendment by a majority of

644

JOURNAL OF THE SENATE,

the voters qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of the State of Georgia. The returns of the election shall he made in like manner as returns for members of the General Assembly, and it shall he the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment he ratified make promulgation thereof.

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

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush
/
Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR34. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to article VIII, section V, paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have authority to create and establish in DeKalb County, Georgia, districts from which the members of the county board of education of DeKalb County shall be elected by the voters of such districts: The number of such districts and the boundaries thereof, the terms of such members and the time, place and method of electing such members to be provided for by the General Assembly; and to amend article VIII, section VI, paragraph I of the Con stitution of Georgia of 1945, to provide that the General Assembly shall have the

THURSDAY, MARCH 20, 1947

645

authority to make provision for the election or selection of the county school superintendeJ!t of DeKalb County by the board of education and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia that article VIII, section V, paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly shall have authority to create and establish districts in DeKalb County from which the members of the county board of education of DeKalb County shall be elected by the voters of such districts, and shall have authority to provide for the number of such districts and fix the boundaries thereof and to fix the terms of such members and the time, place and method of electing such members."
Section 2. Be it further enacted by the authority aforesaid that article VIII, section VI, paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly shall have authority to make provisiOns for the election or selection of the county school superintendent of DeKalb County by the board of education of said county."
Be it further enacted that when this amendment shall have been agreed to by the requisite twothirds of the members of each house, with the "ayes" and "nays" entered thereon, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election, at which con stitutional amendments may be voted on. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For the ratification of the amendment to article VIII, section V, paragraph I and to article VIII, section VI, paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the county board of education and the election of the county school superintendent of DeKalb County by said board," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of the amendment to article VIII, section V, paragraph I and to article VIII, section VI, paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the county board of education and the election of the county school superintendent of DeKalb County by said board." If adopted, the results shall be declared and said amendments shall become parts of article VIII, section V, paragraph I and article VIII, section VI, paragraph I of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law.
Section 4. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker

Blitch Boone Brown

Burks Bush Butler

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JOURNAL OF THE SENATE,

Callaway Carswell Coker Daniell Darby Dorsey Ferguson Griffith Hogg Howard Huckeba Kennon Kiker

Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker Ramsey Richardson Seay

Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the resolution, the ayes were 46, nays 0.

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

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A BILL
To be entitled an act to propose to the qualified voters of Georgia and to the voters in the area directly affected an amendment to article XI, section I, paragraph VI, of the Constitution of Georgia, so as to authorize Bibb County and the City of Macon to regulate the health of the county and city by and through a joint city-county board of health, and to ratify, validate, and confirm the original and amendatory acts of the General Assembly with respect to a joint city-county board of health for the City of Macon and Bibb County, including an act of the General Assembly (Ga. Laws 1923 pp. 735-738) and sections 119, 120, 121, 122, 123, 124, 125 and 126 of an act of the General Assembly (Ga. Laws 1927, pp. 1350, 1351, 1352 and 1353) and an act of the General Assembly of Georgia (Ga. Laws 1943, pp. 265-266) and all rules and regulations promulgated pursuant to the authority therein contained; to provide for the submission of the amendment for ratification by the people; and for other. purposes:

SECTION I
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that article XI, section I, paragraph VI of the Constitution of Georgia, and as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows:
"And except that the County of Bibb and the City of Macon may regulate the health of the county and city by and through a joint board of health created and existing under and by viltue of an act of the General Assembly of Georgia (Ga. Laws 1923, pp. 735-739) entitled 'an act to amend the charter of the City of Macon, and an act approved February 6, 1873, creating a board of county commissioners of Bibb County, to create a board of health in and for the City of

THU.RSDAY, MARCH 20, 1947
Macon and County of Bibb, defining their jurisdiction, rights, powers and privileges, and for other purposes,' and sections 119-126, both inclusive, of an act of the General Assembly of Georgia (Ga. Laws 1927, pp. 1283-1357) entitled an act to re-enact the charter of the City of Macon contained in the act approved August 17, 1914, together with the acts amending same, passed since 1914, with certain changes in said acts; to consolidate into one act, with such changes as may have become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers, and dutie of said corporation; to amend the said act of 1914 and the acts amendatory thereof; and for other purposes, and which act and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder, are ratified, validated and confirmed as of the respective dates of such enactments, rules and regulations;" and an act of the General Assembly of Georgia (Ga. Laws 1943 pp. 265-266) entitled 'an act amending chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to county boards of health, by adding to said chapter a new section to be known as "Section 88-207", and providing that there be excepted from the provisions' of this charter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or countywide health departments shall, in all other respects conform to chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the state department of public health and for other purposes,' which acts, as amended, together with all rules and regulations prescribed and promulgated pursuant to such authority are ratified, approved and confirmed as of the respective dates of their enactment and adoption."
SECTION 2
Be it .further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governo-r shall be and he is hereby authoriZed and instructed to cause such amendment to be published in one or more newspapers in each congressional district, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon and County of Bibb.
SECTION 3
Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the state and of the area directly affected thereby at the next general election to be held after the publication as provided for in the second section of this act, in the several election districts of this state, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words,

JOURNAL OF THE SENATE,

"For ratification of amendment to paragraph VI of section I of article XI of the Constitution of 1945, authorizing a joint board of health for the City of Macon and County of Bibb,"
and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,
"Against ratification of amendment to paragraph VI of section I of article XI authorizing a joint hoard of health for the City of Macon and County of Bibb."
If the people, in the state as a whole, and in the City of Macon and County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment he ratified, make proclamation thereof.
SECTION 4
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith
Hog~
Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Wallter Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the passage of the bill, the ayes were 46, nays 0.

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

THURSDAY, MARCH 20, 1947

649

HB 389. By Messrs. Wilson, Vandiver and Kemper of Bibb:

A BILL
To be entitled an act to propose to the qualified voters of Georgia and to the voters in the area directly affected, an amendment to article XI, section I, paragraph VI, of the Constitution of Georgia, so as to authorize the City of Macon and Bibb County, separately or jointly, to adopt rules and regulations or to delegate such authority to agencies or to an agency, for zoning and planning; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, that article XI, section 1, paragraph VI, of the Constitution of Georgia and as the same has heretofore or contemporaneously been amended, revised, or changed, shall be further amended by adding at the end thereof a new paragraph as follows:
"And except that the City of Macon and Bibb County may, through their respective governing authorities, separately or jointly, promulgate zoning and planning laws, rules and regulations, and administer the same, and/or appoint agencies or agency for adopting zoning and planning laws, rules, and regulations, and for administering the same, the governing authorities or their designated agencies being authorized to condition the application of any zoning and planning and the administration of the same according to any presently existing zoning or planning law, any that may hereafter be enacted or according to any that may be resolved or ordained by either or both or by their designated agency or agencies."
Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3's) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspaper in each congressional district, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon, County of Bibb.
Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors Q.f the state and of the area directly affected thereby at the next general election to be held after the publication, as provided for in the second section of this act, in the several election districts of this state, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the .said proposed amend ment to the Constitution shall have written or printed on their ballots the words:
"For ratification of amendment to paragraph VI of section I of article XI of the Constitution of Georgia, authorizing the City of Macon and Bibb County separately or jointly, to establish zoning and planning rules, regulations, and commissions"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:

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JOURNAL OF THE SENATE,

"Against ratification of amendment to paragraph VI of section I of article XI, of the Constitution of Georgia, authorizing the City of Macon and County of Bibb, separately or jointly, to establish zoning and planning rules, regulations, and commissions."

If the people in the state, as a whole, and in the City of Macon, County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act, be and the same are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Adams Arnold Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the passage of the bill, the ayes were 46, nays 0.

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

HB 443. By Mr. Rowland of Johnson:
A BILL
To be entitled an act to propose to the qualified voters of Georgia an amend ment to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the mayor and council of Wrightsville, Johnson County, to incur a

THURSDAY, MARCH 20, 1947

651

bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring a portion of the existing bonded indebtedness and interest thereon up to and including December 1, 1949, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon, which may become due up to and including December 1, 1949, to provide for the submission of the amendment for ratification by the people and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that article 7, section 7, paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to wit:

"And except that the mayor and council of Wrightsville, Johnson County, may issue refunding bonds not in excess of the aggregate sum of $25,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said the mayor and council of Wrightsville, and any bonded indebtedness and interest thereon of said the mayor and council of Wrightsville, and which becomes due up to and including December 1, 1949, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the mayor and council of Wrightsville, Johnson County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon outstanding and which becomes due up to and including December 1, 1949. Said refunding bonds shall be issued when authorized by a resolution of the mayor and council of Wrightsville, and shall be validated as provided by law."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a twothirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this state for two months previous to the time of holding the next general election, at which proposed amendments to the Con stitution of this state may be voted on, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of article 7, section 7, paragraph 1, of the Constitution authorizing the mayor and council of Wrightsville, Johnson County, to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be con solidated as now required by law in election for members of the General Assembly the said amendment shall become a part of article 7, section 7, paragraph I, of the Constitution of the state, and the Governor shall make a proclamation therefor,
as provided by law.

SECTION 3. All laws and parts of laws in conflict are hereby repealed.

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

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

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams Arnold Bakex Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hogg Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Mitchell Odom Overstreet Pannell Parker

Ramsey Richardson Seay Smiley Sumner Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Not voting were Senators Branch, Gwyn, Hodges, Hooks, Miller, Sams and Tarbutton.

On the adoption of the bill, the ayes were 46, nays 0.

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

The following bill of the House, carried over as unfinished business from yesterday, was taken up for consideration:
HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a compensating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.

Senators Darby of the 15th and Carswell of the 17th offered the following amendment:
Amend HB 8 by adding the following provision at the end of subsection (b) of section 4 of said bill: "Provided that the maximum amount of tax assessed or to be collected on any single transaction shall not exceed fifteen ($15.00) dollars".

Senator Coker of the 39th offered the following amendment to the amendment:
Amend the amendment by adding at the end of the amendment "that this shall not apply to luxury tax levied in part II i a of this act".
The amendment to the amendment was adopted.

THURSDAY, MARCH 20, 1947

653

Senator Carswell of the 17th called for the ayes and nays on the adoption of the amendment, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Arnold Baker Boone Brown Butler Callaway Carswell Coker Daniell Darby Ferguson

Hodges Howard Huckeba Kennon Kiker Killingsworth Knox Mason Millican Mitchell Odom Overstreet

Pannell Richardson Smiley Sumner Tarbutton Tippins Trippe Walker Wideman Williams

Those voting in the negative were Senators:

Blitch Branch Burks Bush

Dorsey Griffith Hogg Logan Parker

Seay Weaver Wells Woodall

Not voting were Senators Gwyn, Hooks, Miller, Ramsey, Sams and Yates.

On the adoption of the amendment, the ayes were 34, nays 13, and the amendment was adopted as amended.

Senator Kennon of the 53rd offered the following amendment:
Amend HB 8 as follows: Before HB 8 becomes operative it shall be submitted to voters of this state for ratification or rejection at the next general election.
On the adoption of the amendment, the ayes were 16, nays 21, and the amendment was lost.
Senator Howard of the 3rd asked that he be recorded as voting nay on the amendment.
Senator Blitch of the 5th asked that she be recorded as voting nay on the amendment.
Senator Seay of the 22nd moved that the Senate reconsider its action in the passage of the amendment offered yesterday by Senator Coker known as the luxury tax, and the motion prevailed.
Senator Coker of the 39th moved that HB 8 be indefinitely postponed.
Senator Millican of the 52nd called for the ayes and nays, and the call was sustained.

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JOURNAL OF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Coker Darby Dorsey Ferguson

Hodges Hogg Howard Kennon Kiker Killingsworth Mason Millican Mitchell Odom Pannell

Ramsey Richardson Smiley Sumner Tarbutton Trippe Walker Wells Wideman

Those voting in the negative were Senators:

Arnold Branch Butler Callaway Carswell

Griffith Huckeba Knox
Logan Overstreet Parker

Seay Tippins Weaver Williams Woodall

Not voting were Senators Daniell, Gwyn, Hooks, Miller, Sams and Yates.

On the motion to postpone, the ayes were 31, nays 16, and the motion prevailed.

Senator Millican of the 52nd gave notice that at the proper time he would move that the Senate reconsider its action on indefinitely postponing HB 8.

The following bills of the Senate were read the third time and put upon their passage:
SB 131. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to require the segregation of the races at the polls in all. elections in this state; to require the establishment of additional polling places in the several coun ties in order to carry such segregations into effect; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Millican of the 52nd called for the ayes and nays, and the call was sustained.

THURSDAY, MARCH 20, 1947

655

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker

Huckeba Kennon

Branch Callaway

Kiker Killingsworth

Daniell

Knox

Ferguson Griffith Hogg

Logan Mason Millican

Overstreet Parker Seay Sumner Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Carswell Coker

Darby Dorsey Hodges Howard Mitchell Odom Pannell Ramsey Richardson

Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Not voting .were Senators Gwyn, Hooks and Miller.

The roll call was verified.

On the passage of the bill, the ayes were 24, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.
The president pro tempore presented to the Senate Hon. Frank Gross of Toccoa, Georgia, former president of the Senate, who briefly addressed the Senate.

The hour of convening the joint session of the Senate and House under the provisions of SR 32 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 receiving a message from His Excellency, the Acting Governor, Honorable M. E. Thompson, was called to order by the Speaker of the House of Representatives.

The resolution authorizing the joint session of the Senate and the House was read by the secretary of the Senate.

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JOURNAL OF THE SENATE,

His Excellency, the Acting Governor, Honorable M. E. Thompson, addressed the joint session as follows:

Mr. President, Mr. Speaker, Ladies and Gentlemen of the General Assembly:
Today, again, law and order prevails in Georgia. The people's right to select their chief executive has been reaffirmed and established for all time. Georgians have reiterated their determination to retain for themselves the responsibility and duty of electing those who would represent them in executive offices, in legislative halls and on the courts. The attempt of a small group to usurp this right and power has failed.
Under the Constitution created by the people, the duty of representing the people of this great state as their chief executive has become my responsibility.
Last summer, when I faced the people of this state in a plea fol' nomination to the office of Lieutenant Governor by the Democratie Party of Georgia, I promised that I would cooperate with whomever the people saw fit to elect as their Governor.
You are familiar with the fact that in that campaign the people gave me a substantial plurality in both county unit vote and popular vote over my opposition, consisting of five outstanding Georgians.
At the Democratic Convention held in Macon last October, the delegates and the people of our state received assurances from me, along with other nominees of the Democratic Party, that I would support the platform adopted at that convention. From that determination I have not wavered or sought to interpret that platform for any selfish reason.
The delegates in convention, and those Democrats who were not privileged to attend, accepted the platform in good faith.
They did not expect bolters from the party in the general election. They even passed a strong resolution condemning those who would attempt to do so.
Least of all, did they expect leaders in the party convention to conduct a write-in campaign in opposition to the nominees of the party.
The platform called for the restoration of the white primary in Georgia. The people who wrote and adopted that platform believed in a white primary, but they believed in a white primary that would work. They did not believe in a white primary which could disfranchise, without recourse, any voter in the state. They never thought of putting their stamp of approval on a plan of party organization which was designed to serve the purposes of a small group of self-seeking politicians, who, repudiated at the polls in their home counties, would seek to control future elections in the State of Georgia by manipulating party rules for their own selfish interests.
I am for a white primary but I am not for any measure or legislation that would strike out every primary election law from the statutes of our state and allow fraud and stolen elections to run rampant in Georgia. I know in my heart and mind, and you know, that while the people of this state voted for a white primary they did not vote for dishonest elections, for people to be disfranchised without cause, for a small self-selected group to control the rules and regulations of every future election in our state.
Ladies and Gentlemen of the General Assembly, you have two measures now progressing through the Legislature that will assure Georgia of a white primary that will work, of a white primary that will be fair, and if you earnestly want a white primary law, and just that, it is my hope that you will speedily pass these bills before the end of this session.

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657

The Democratic Party platform called for the preservation of the county unit system. The people who adopted that platform are not for any measure that, 'under the guise of a county unit hill, would in reality lay the ground work for the complete destruction of the county unit system by placing it absolutely in the hands of a small group who could by simply changing a few party rules do away with it completely. The county unit system should he retained in our state primary laws where it has been so effectively protected for many, many years. By retaining it in the state laws it is safe from unscrupulous politicians who would not hesitate to scuttle it at any time that it might suit their selfish aims.
It should also he remembered that the Democratic platform very definitely called for an expansion of state services for the people of Georgia. Most of these services are long overdue and our people have a right to expect no further delay in making them available.
Our public school teachers were promised in the Democratic Party platform, and, so far as I know, by every member of the General Assembly, a minimum of fifty per cent increase in their salary. No more patriotic, unselfish and patient service is being rendered to our people than that by our public school teachers. We must not fail in the solemn obligation which we have made to them. The increase in public school funds should he such as to not only make provision for the fifty per cent increase in teachers' salaries, hut corresponding increases in other necessary costs in the operation of our schools.
The institutions in our University System are terribly overcrowded, and some of our boys and girls are being denied admission by lack of adequate facilities. Even some of our young men just home after many weary months spent in military barracks and tents are unable to obtain comfortable living quarters while they continue their studies for a more useful citizenship to our state in the future.
Health facilities in certain sections of our state, especially in sparsely settled areas, are woefully lacking. Trained physicians will he reluctant to move into our rural areas, where they are needed most, so long as it is impossible for them to obtain facilities needed for carrying on their work. The Democratic Party platform obligated the state to cooperate with the federal government and local units in establishing, constructing and equipping hospital facilities throughout the various sections of our state. Investment now in the health of our people will pay dividends in the future.
The old aged, blind, dependent and crippled children, as well as wards of the state in our welfare inst,itutions, were promised increased benefits by the Democratic Party.
Farmers were promised expanding marketing facilities, together with the construction of farm-to-market roads in order to make it possible for them to market their produce at the best time and for the highest possible price. Georgia farmers have learned how to produce in ever increasing quantities. They need aid in helping them in the proper marketing of the fruits of their toil. Promises made by the Democratic Party to Georgia farmers should he kept.
These expanded state services are dependent on revenue available for that purpose. Never again should the State of Georgia he plunged into debt. I tell you quite frankly, that if no additional revenue is made available it will necessitate breaking certain promises solemnly made for expansion of some of these services. It will he my purpose to see first that the teachers receive the increased salaries promised them, even if other services have to he curtailed. However, as an educator, I would sorely regret seeing those in my pro fession put on the spot by being favored too much at the expense of other state services, but the teachers' will he paid their increase in salary.
When the delegates at the State Democratic Convention adjourned on October 9th, they expected no further political campaign on state issues until 1950. They certainly did not

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JOURNAL OF THE SENATE,

expect, and, I am sure, did not approve another political campaign as early as January,

1947. Those who sought to seize the State of Georgia for their selfish ends, and who

undertook to prostitute the Democratic platform to extend their reign, now have no right

to speak for the Democratic Party. Their program is not the people's program, it is not

the Democratic program, it is not my program. No selfish group can exploit Georgia, and

no selfish group will ever control Georgia so long as elections al"e free. I hope to lead my

fellow citizens in a program that will embody the trqe principles of the Democratic Party

and which will preserve the best in our own traditions.



Now that political campaigns are over, at least for the present; now that the issue that has torn our ranks asunder has been settled by our highest tribunal, it is time for all Georgians to close ranks, fill in the gaps which have been caused by dissention, and march forward toward a greater and brighter future for our state.

With malice toward none and charity for all, I have the sole ambition to give the very best that is in me toward doing a good job as chief executive of the State of Georgia. I shall not dodge or shirk the responsibility that has fallen on me.

To the end that we may restore order out of chaos; that we may forget personal political differences and bickerings; that we may forget ourselves in the interest of those whom we are privileged to serve; that we may prove to ourselves and demonstrate to others that after all we are a great people, I solicit your prayers and help, and in turn pledge you mine.

Mr. Elliott of Muscogee 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 Senate resumed its regular order of business.

Senator Millican of the 52nd moved that the Senate recess until 2:00 o'clock, and the motion prevailed.

The Senate recessed.

The Senate reconvened at 3:00 o'clock and was called to order by the president pro tempore.

The Senate resumed its regular order of business.

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

SB 132. By Senators Millican of the 52nd, Hogg of the 24th and Griffith of the 28th:
A bill to insure the purity and honesty of primary elections; to provide what persons may participate in primary elections conducted by any political party in this state, to preserve inviolate the county unit system in certain primary elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Millican of the 52nd called for the ayes and nays, and the call was sustained.

THURSDAY, MARCH~. IW7

659

A roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker Branch Callaway Daniell Griffith Hogg Huckeba

Kennon Kiker Killingsworth Knox Logan Mason Millican Overstreet

Parker Seay Sumner Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler

Darby Dorsey Hodges Howard Mitchell Odom Ramsey

Richardson Smiley Tarbutton Weaver Wells Wideman

Not voting were Senators Carswell, Coker, Ferguson, Gwyn, Hooks, Pannell, Sams, Tippins and Walker.

On the passage of the bill, the ayes were 23, nays 20.

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

A sealed communication was received by the secretary from His Excellency, Acting Governor M. E. Thompson through Hon. Phil Landrum, executive secretary.

HB 254. By Messrs. Mason of Morgan and Williams of Jones:
A bill to authorize the Governor to fix the compensation of the director of ento mology; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, Ray of Warren, Avera of Crawford and Covington of Floyd:
A bill relating to the regulations of rates for casualty insurance including fidelity, surety and guaranty bonds and for all other forms of motor vehicle insurance; and for other purposes.

660

JOURNAL OF THE SENATE,

The Committee on Insurance offered the following amendment:

Amend HB 243, section 2, subdivision (c), by striking out in the second line therefrom the words, "other than workmen's compensation and employers' liability" so that said subdivision (c) as amended will read:

" (c) Insurance against loss of or damage to aircraft or against liability arising out of the ownership, maintenance or use of aircraft";

Amend section 2 by adding a new subdivision which will be lettered (d) to provide as follows:
"(d) Workmen's compensation insurance. Provided however, that the filings required by chapter 114-6, section 114-609, may be made in behalf of any carrier of workmen's compensation insurance by a rating organization licensed in accordance with the provisions of section 6 of this act."
Amend section 19 by striking out the entire part and substituting thereof the following:
"Section 19-Laws Repealed.
Section 56-219 to section 56-222, inclusive, Georgia Code of 1933, shall be inapplicable with respect to the kinds of insurance to which this act applies or to workmen's compensation insurance. All other laws or parts of laws in conflict with this act be and the same are hereby repealed."
The amendment was adopted.

The Committee on Insurance offered the following amendment:
Amend HB 243, section 6 (a) of HB 243 by making the license fee for each rating organization $125.00, instead of $25.00 as prescribed in said section. The amendment was adopted. The report of the committee, which was favorable to the passage of the bill was agreed to, as amended. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority was passed, as amended. Senator Blitch of the 5th moved that the Senate do now adjourn, and the motion did not prevail. Senator Millican of the 52nd moved that the Senate resolve itself into executive session.
Senator Blitch of the 5th objected.

THURSDAY, MARCH 20, 1947

661

On the motion to resolve into executive session, the ayes were 26, nays 15, and the motion prevailed.

The Senate resolved itself into executive session at 3:15 o'clock.

The executive session was dissolved at 3:45 o'clock and the Senate resumed its regular order of business.

The following general bills of the House were read the third time and put upon their passage:
HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, Smith of Emanuel, Ray of Warren, Avera of Crawford and Covington of Floyd:
A bill to regulate the making and applying of rates for fire, marine and inland marine insurance which shall not be excessive, inadequate or unfairly discriminatory; and for other purposes.

The Committee on Insurance offered the following amendment:
Amend HB 244. Amend section 6(a) of HB 244 by making a license fee for each rating organization $125.00 instead of $25.00 as prescribed in said section.
The amendment was adopted.

Senator Wideman of the 46th offered the following amendment:
Amend HB 244 by adding a new section to be appropriately numbered and cap tioned "laws repealed" and reading as follows:
"Sections 56-219 to 56-222, inclusive, Georgia Code of 1933 shall be inapplicable with respect to the kinds of insurance to which this act applies."
On the adoption of the amendment, the ayes were 3, nays 29, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, the ayes were 40, nays O;
The bill, having received the requisite constitutional majority, was passed, as amended.

662

JOURNAL OF THE SENATE,

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

Mr. President:
The House has disagreed to Senate amendments to the following resolution of the House to wit:

HR 88. By Messrs. Smith and Reid of Carroll, Murphey of Haralson, Caswell of Heard and others:
A resolution providing the director of the department of state parks be permitted to purchase the. Waco Military Reservation; and for other purposes.

The following privileged resolution was read and adopted:
A RESOLUTION
WHEREAS, the Honorable Burley H. Beasley of Tattnall County died on yesterday, February 19th, and
WHEREAS, the Honorable Burley Beasley is a brother of Georgia's dis tinguished and popular superintendent of banks, the Honorable John C. Beasley, therefore
BE IT RESOLVED by the Senate that the sympathies of the members of the Senate be extended to the Honorable John C. Beasley and the members of his family and that the secretary be instructed to send a copy of this resolution to the Honorable John C. Beasley and to the wife of the late Burley H. Beasley.

Senator Millican of the 52nd moved that the Senate recede from its position in amending

the following resolution of the House:



HR 88. By Messrs. Smith and Reid of Carroll, Murphey of Haralson, Caswell of Heard and others:
A resolution providing the director of the department of state parks be permitted to purchase the Waco Military Reservation; and for other purposes.
The motion prevailed.
Senator Millican of the 52nd moved that the Senate do now adjourn until 9:30 tomorrow morning, and the motion prevailed.
The president p~o tempore announced the Senate adjourned until 9 :30 tomorrow morning.

FRIDAY, MARCH 21, 1947

663

Senate Chamber, Atlanta, Georgia. Friday, March 21, 1947.

The Senate met pursuant to adjournment at 9:30 this morning and was called to order by the president pro tempore.

Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley.

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

Adams Arnold Baker Blitch Boone Branch Brown Burks Bush Butler Callaway Carswell Coker Daniell Darby Dorsey Ferguson

Griffith Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Logan Mason Miller Millican Mitchell Odom Overstreet

Pannell Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Walker Weaver Wells Wideman Williams Woodall Yates

Senator Millican of the 52nd moved that the Senate reconsider its action in indefinitely postponing the following bill of the House:

HB 8. By Mr. Causey of Bacon:
A bill to authorize the levy and collection of a general sales tax and a compen sating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.
Senator Blitch of the 5th called for the ayes and nays, and the call was sustained.

664

JOURNAL OF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Branch Callaway Carswell Daniell Huckeba

Knox Millican Overstreet Parker Seay Sumner

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Coker Darby Dorsey Ferguson

Hodges Hogg Hooks Howard Kennon Kiker :\-lason Miller ~fitch ell Odom Pannell

Tippins Williams Woodall Yates
Ramsey Richardson Smiley Tarbutton Trippe Walker Weaver Wells Wideman

Not voting were Senators Baker, Griffith, Gwyn, Killingsworth, Logan and Sams.

On the motion to reconsider, the ayes were 16, nays 31, and the motion was lost.

The following privileged resolution was read and adopted: By Senators Butler of the 7th, Knox of the 29th and Boone of the 21st:

A RESOLUTION
WHEREAS, during the past 70 days the members of the Senate have had occasion to continually make use of the Southern Bell Telephone and Telegraph Company; and,
WHEREAS, the said telephone company has in its employ the Miss Sara Gantt and :Mrs. Sheila Nail, who are in charge of telephones used by the members of the Senate; and,
WHEREAS, these ladies have rendered unexcelled telephone service to us with the utmost courtesy and dispatch;
THEREFORE, BE IT RESOLVED, that the Miss Sara Gantt and Mrs. Sheila Nail be extended the sincere thanks of the Senate, and that a copy of this resolution be delivered to them by the secretary of the Senate.

FRIDAY, MARCH 21, 1947

665

Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

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

The Rules Committee has set the usual order of business up to the consideration of general Senate and House bills, and under that head recommended the following:
HB 193. HB 197. HB 308. HB 458. HB 238. HB 517. HB 299. HB 349. HB 212. HB 213. HB 242. HB 454. HB 459. HB 182. HB 265. HB 174. HB 175. HB 505. HB 214. HB 229. HB 250. HB 281.

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

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

666

JOURNAL OF THE SENATE,

SB 16. By Senator Millican of the 52nd:

A bill to give an express lien to involuntary gratuitous or naked depositories on property held in their possession; to authorize such depositories for the purpose of locating the owner, where unknown, to open and examine the containers of property; and for other purposes.

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st and Tippins of the 48th:
A bill to amend part II, of title 14 of the Code of Georgia of 1933, relating to bills and notes and to public and legal holidays, etc., which shall provide that banks and other financial institutions and located in any county having a popu lation of 70,000 or more may remain closed on any Wednesday or o'n any Satur day in any week; and for other purposes.

SB 87. By Senator Callaway of the 35th:
A bill to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to provide for the payment of a fee to be charged by clerks of the courts; and for other purposes.

SB 126. By Senator Dean of the 34th:
A bill to amend an act entitled "Rockdale commissioner's office created", the same relating to the commissioner's office of Rockdale county; and for other purposes.

SB 127. By Senator Dean of the 34th:
A bill to amend an act entitled "Rockdale tax commissioner created", the same relating to the tax commissioner of Rockdale county, by adding to section 3 a provision authorizing a commission of 10% on all taxes collected in excess of 90% of the total taxes; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed, as amended, by the requisite constitutional majority the fol-
lowing bill of the Senate, to wit:
SB 83. By Senator Millican of the52nd:
A bill to provide a law department for Fulton county; to provide the duties of that department; to provide for the appointment and personnel of said depart ment; and for other purposes.

FRIDAY, MARCH 21, 1947

667

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

Mr. President:
The House has agreed to Senate amendments to the following bills and resolutions of the House, to wit:

HB 16. By Mr. Cheek of Franklin:
A bill to create the office of comm1ss1oners of roads and revenues of Franklin county; and for other purposes.

HR 28. By Mr. Bloodworth of Houston: A resolution to pay damages to certain persons; and for other purposes.

The following resolution was read and adopted:
SR38. By Senator Carswell of the 17th:
A resolution providing for an interim committee of the University of Georgia System to be composed of seven members, including the chairman of the senate Committee of the University of Georgia System.

The president pro tempore appointed as a committee:
Senators Carswell of the 17th, Coker of the 39th, Hodges of the 27th, Griffith of the 28th, Knox of the 29th, Overstreet of the 18th, Woodall of the 25th.
Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Comriiittee on Education and Public Schools has had under consideration the following bill of the !louse and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 431. Do Pass.

Respectfully submitted,
Woodall of 25th District, Chairman

668

JOURNAL OF THE SENATE,

Mr. Millican of the 52nd, chairman of the Committee on Finance, submitted the fol lowing report:

Mr. President:

Your Committee on Finance has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 229. Do Pass by substitute.

HR 74. Do Pass.

Respectfully submitted,

Millican of 52nd District, Chairman

Mr. Logan of the 33rd District, chairman of the Committee on Special Judiciary, submitted the following report:

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

HB 281. Do Pass.

HB 437. Do Pass.

HB 522. Do Pass.

Respectfully submitted,

Logan of 33rd District, Chairman

~Ir. )Iiller of the 6th District, chairman of the Committee on Insurance, submitted the following report:

Mr. President:

Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 255. Do Pass.

Respectfully submitted,

Miller of 6th District, Chairman

FRIDAY, MARCH 21, 1947

669

Mr. Boone of the 21st District, chairman of the Committee on Military Affairs and Veterans Affairs, submitted the following report:

~lr. President:
Your Committee on Military Affairs and Veterans Affairs has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 193. Do Pass.

HB 223. Do Pass.

Respectfully submitted,

Boone of 21st District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government has had under consideration the following
bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following rec?mmendations:
HB 502. Do Pass.
Respectfully submitted,
Darby of 15th District, Chairman

Mr. Woodall of the 25th District, chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President: Your Committee on Education and Public Schools has had under consideration the
following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 250. Do Pass.
Respectfully submitted,
Woodall of 25th District, Chairman'

670

JOURNAL OF THE SENATE,

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:

Your Committee on Municipal Government has had urider consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 531. Do Not Pass.

HB 528. Do Pass.

HB 463. Do Pass.

HB 473. Do Pass.

HB 496. Do Pass.

HB 471. Do Pass.

HB 507. Do Pass.

Respectfully submitted,

Darby of 15th District, Chairman

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 264. Do Pass.

HB 546. Do Pass.

HB 538. Do Pass.

HB 205. Do Pass as amended.

HB 206. Do Pass as amended.

HB 198. Do Pass as amended.

HB 199. Do Pass as amended.

HB 201. Do Pass as amended.

Respectfully submitted,

Hogg of 24th District, Chairman

FRIDAY, MARCH 21, 1947

671

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:

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

HB 541. Do Pass as amended.

HB 498. Do Pass.

HB 499. Do Pass.

HB 542. Do Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Weaver of the 51st District, chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic has had under consideration the following reso-
lution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SR 22. Be reported without recommendation.
Respectfully submitted,
Weaver of 51st District, Chairman

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 83. By Senator Millican of the 52nd:
A bill to provide a law department for Fulton county; to provide the duties of that department; to provide for the appointment and personnel of said department; and for other purposes.

The House offered the following amendment:
Messrs. Kendrick, Smith and Etheridge of Fulton offered the following amendment:
Amend SB 83 by striking the word "five" in the third line of section 2 of said bill by substituting therefor the word "four" and by adding to the first sentence of section 2 of said bill a new clause to read as follows: "except that the term of the first county attorney of Fulton county to be elected after the approval of this bill shall expire December 31, 1950".

672

JOURNAL OF THE SENATE,

Also by adding to section 2 of said bill a new sentence to read as follows: "The county attorney may be removed from office after conviction by majority vote of all members of the board of commissioners of roads and revenues of Fulton county of either malfeasance, nonfeasance or misfeasance in office at public trial on written charges preferred of which charges the county attorney shall have ten days' notice in writing".
Senator Millican of the 52nd moved that the Senate agree to the amendment, and the motion prevailed.

Senator Knox of the 29th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Insurance, read the second time and recommitted:
HB 255. By Mr. McCracken of Jefferson:
A bill to amend section 56-403 of the act of Georgia of 1933, by striking therefrom the provisions requiring insurance companies to make semi-annual statements to the Governor and publish a duplicate of the short form report made to the Governor; 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 Committee on Special Judiciary, read the second time and recommitted:
HB437. By Messrs. Howard and McWhorter of DeKalb, Durden of Daugherty and Elliott of Muscogee:
A hill to amend section 68-1003 of the Georgia Code of 1933, as amended, by striking from said section the words, "on occasional trips and over irregular routes"; and for other purposes.

HB 518. By Mr. Arnall of Coweta:
A bill to amend an act to create a new charter for the City of Newnan; to extend corporate limits of said city; and for other purposes.
HB522. By Messrs. Davis of Bartow, Williams of Toombs, Adams of Polk, Jenkins of Bartow, Harrison of Jenkins and Twitty of Mitchell:
A bill to amend an act entitled an act to amend the "Public Safety Department Act"; by providing for one troop to consist of not more than 300 men; and for other purposes.
The consent was granted.

Senator Woodall of the 25th asked unanimous consent that the following bill of the House he withdrawn from the Committee on Education and Public Schools, read the second time and recommitted:

FRIDAY, MARCH 21, 1947

673

HB 431. By Mr. Kenimer of Harris:
A hill to require county hoards of education, county authorities, hoards of edu cation of independent systems, and other employer of school teachers as defined by the Teachers' Retirement Act, to deduct and collect from each teacher's salary the amount provided in section 8 of the Teachers' Retirement Act, and make monthly remittance to the hoard of trustees created by said Teachers' Retirement Act; to require that employers of teachers as defined by said act shall make con trihutions; and for other purposes.
The consent was granted.

Senator Millican of the 52nd asked unanimous consent that the following hill of the House he withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 409. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A hill to amend an act establishing a new charter for the City of Atlanta; to change by law the basic work week for city firemen employed by the City of Atlanta; and for other purposes.
The consent was granted.

The following hills of the House, favorably reported by the committees, were read the second time:
HB 122. By Mr. Addleton of Spalding: A hill to provide that all hotels he equipped with certain protection and safeguards against fire; to provide what these safeguards and protections shall he, to establish a building safety council; and for other purposes.
HB 360. By Messrs. Joel and Wells of Clarke: A hill to authorize any corporation heretofore or hereafter granted a charter to fix rate of dividends and times of payment thereof; and for other purposes.
HB 507. By Mr. Conger of Tift: A hill amend the charter of the Town of Omega so as to increase tax levy; and for other purposes.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to amend an act creating a new charter for the City of East Point; to provide the manner and time for all elections in said city; to declare and consolidate the rights and powers of said incorporation; and for other purposes.

674

JOURNAL OF THE SENATE,

HB 530. By Messrs. Smith, Etheridge and Kendrick of Fulton:

A bill to amend an act creating a new charter for the City of East Point so as to annex substantially all of the unincorporated area of Fulton county west of Stewart avenue and south of Lakewood road to the City of East Point; and for other purposes.

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to enlarge the corporate limits of said city; and for other purposes.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act entitled an act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of College Park; to provide for extension of the city limits; and for other P,urposes.

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to provide that in every county in this State having a population of 300,000 or more inhabitants, the board of commissioners of roads and revenues, or other county authority having charge of roads and revenues, may rent and lease con cession privileges in the jails, court houses and other public buildings belonging to the county; and for other purposes.

HB 546. By Messrs. Cochran and Neel of Thomas:
A bill to amend the charter of the Town of Pavo so as to provide for the election of a mayor and five councilmen and to provide for their terms of office; and for other purposes.

HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create a new charter for the City of East Point; to fix the salary of the city aldermen; and for other purposes.

HB 471. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act creating a civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes.

HB473. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act to create a new charter for the City of East Point; to extend city limits; and for other purposes.

FRIDAY, MARCH 21, 1947

675

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:

A bill to amend an act to incorporate Hapeville so as to extend city limits by adding new territory; and for other purposes.

HB 498. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to amend the charter of College Park so as to increase ad valorem tax rate for ordinary government expenses; and for other purposes. -

HB 499; By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend the charter of College Park so as to amend the civil service law for city employees; and for other purposes.

HB 502. By Mr. Bennett of Barrow:
A bill to establish a new charter for the City of Auburn; to define its corporate limits; and for other purposes.

HB 507. By Mr. Conger of Tift:
A bill to amend an act providing a new charter for the Town of Omega so as to increase the tax levy; and for other purposes.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act to create a new charter for the City of East Point so as to grant city power and authority to appropriate city funds or property for the use and benefit of the East Point veterans.

HB 538. By Mr. Stevens of Marion:
A bill to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff the sum of $50 per month; and for other purposes.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create in every county in this State having a population of 300,000 or more inhabitants an airport authority for said county, the members of which are to he appointed by the board of commissioners of roads and revenues of such county; and for other purposes.

676

JOURNAL OF THE SENATE,

HB 122. By Mr. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safe guards against fire; and for other purposes.

HB 198. By Mr. Yawn of Dodge:
A bill to provide that the sheriff of Dodge county and his deputies be paid a salary in lieu of fees and compensation; and for other purposes.

HB 199. By Mr. Yawn of Dodge:
A bill to repeal an act to provide for the appointment of a probation officer for Dodge county; and for other purposes.

HB201. By Mr. Yawn of Dodge:
A_ bill to repeal an act establishing the city court of Eastman; to provide for disposition of business now pending in said court; to provide effective date of this act; and for other purposes.

HB205. By Mr. Yawn of Dodge:
A bill to amend an act to establish the city court of Eastman; by decreasing the salary of the judge thereof to $1,800.00 per annum; to provide effective date of this act; and for other purposes.

HB 206. By Mr. Yawn of Dodge:
A bill to amend an act to establish the city court of Eastman; so as to prescribe a salary of $1,800.00 per annum for the solicitor of said court; to fix duties; to fix date act shall become effective; and for other purposes.

HB 214. By Mr. Garland of Butts:

A bill to provide for home rule for counties electing to come under this act; and

for other purposes.



HB 223. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the right of disabled and indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act relating to councilmen and aldermen being able to hold other positions; to apply to all cities having a population of 250,000 or more; and for other purposes.

FRIDAY, MARCH 21, 1947

677

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:

A hill to amend the charter of College Park by providing for the annexation of territory in Fulton and Clayton counties; and for other purposes.

Senator Millican of the 52nd asked unanimous consent that the following resolution of the House he withdrawn from the Committee on Finance, read the second time and recommitted:
HR 74. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens: A resolution to authorize and provide for a committee on the revision of the tax laws of the State of Georgia; and for other purposes.
The consent was granted.

The following local hills of the House were read the third time and put upon their passage:
HB 177. By Mr. Harrison of Jenkins:
A hill to amend an act entitled an act to establish the city court of Millen; 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 41, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 220. By Mr. Harrison of Jenkins:
A hill to amend an act creating the office of tax commissioner of Jenkins county; to provide and fix compensation for collection of taxes; 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

678

JOURNAL OF THE SENATE,

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to amend an act establishing a new charter for the City of Atlanta relating to the term of office fo1 the chief of the sanitary department, term of office of city attorney; and for other purposes.
The report 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.

HB371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend an act relating to the police court of the City of Savannah; by providing the method of punishments and sentences, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB435. By Mr. McCracken of Jefferson:
A bill to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute, approved October 5, 1885; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah in order to create a personnel 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 383. By Mr. Willingham of Cobb:

A bill to amend an act relating to coroner's salary in counties having a population of not less th~n 37,000 and not more than 41,000; 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 51, nays 0.

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

HB 406. By Mr. Yawn of Dodge:
A bill to amend an act to create a new charter for the City of Eastman; to provide that any property which is not returned for taxation or undeveloped in return shall be assessed a penalty of 10% of the amount of tax due with a minimum penalty of $1.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 1.
The bill; having received the requisite constitutional majority, was passed.

HB 429. By Messrs. Towill, Morris and Eve of Richmond:
A bill to prohibit and regulate within the territorial limits of any county in this state having a certain population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
The report 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 456. By Mr. Evans of Chatham:
A bill to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0. The bill, having received th~ requisite constitutional majority, was passed.

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HB 452. By Mr. Evans of Chatham:

A bill creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia; and for other purposes.

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

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

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

HB 457. By Mr. Evans of Chatham:
A bill to provide an additional judge to preside regularly in the Superior Court of the Eastern Judicial Circuit of Georgia so as to make two judges in said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 476. By Mr. Pulliam of Elbert:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700; and for other purposes.
The report 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 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris, Callier of Talbot:
A bill to establish a planning district for Meriwether, Harris and Talbot Counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 521. By Mr. Harrison of Wayne:
A bill incorporating the City of Jesup; to give authority to the mayor and council to levy a tax not exceeding 2%; to prohibit animals to run at large; and_ for other purposes.
The report 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 523. By Mr. Massey of Dade:
A bill to amend an act to provide for a new charter for the City of Trenton; and for other purposes.
The report 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 526. By Messrs. Etheridge, Kendrick and Smith of Fulton, Hubert, Howard and MeWhorter of DeKalb:
A bill to establish a metropolitan planning district for Fulton and DeKalb 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 373. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to amend the charter of the City of Savannah, providing for the payment of pensions to city employees and relating to the mayor and aldermen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A hill to amend an act providing for a pension system in ClUes of 150,000 and over; so as to provide that whenever any officer or employee is transferred to another department they shall not lose benefits; to provide for a hoard of trustees to administer said pension fund, etc.; and for other purposes.

Senator Millican of the 52nd offered the following substitute:
Senator Millican of the 52nd moves to amend HB 329 by striking said hill in full and substituting in lieu thereof the following bill, to he known as Senate Substitute for HB 329:
An act to amend an act approved August 20, 1927 (Georgia Laws, 1927, p. 265) entitled an act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees of such cities who have served for 25 years in active service, whose names are on the payroll of the city and future members as specified and for the other purposes reqited therein, as amended from time to time, so as to provide that whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the departm~nt to which he has been transferred and to receive credit for his service; so as to provide that the decision of the board of trustees shall he subject to review by the Superior Court; so as to reopen the pension fund until July 1, 1947; so as to provide for additional pensions for each year over 25 years of service not to exceed 35 years; so as to provide for retirement for those reaching 70 years of age; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the act approved August 20, 1927 (Georgia Laws 1927, p. 265), as amended by the several acts amendatory thereof, be and the same is hereby further amended as follows:
SECTION 1. That said act, as amended, be further amended by adding the following section at the end thereof:
"Whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for the years of service in the department from which he has been transferred by paying into the pension fund of the department to which he is transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department. Such transferred employee shall have the right to have transferred from the pension fund the amount he had paid into such fund. The rights given in this act shall b~ effective as to the officers and employees who have transferred prior to this act, as well as future transferees. This act shall apply to all the pension funds of such city, namely, the policemen's pension fund, the firemen's pension fund and the general employees pension fund."
SECTION 2. That section 4 of said act, as amended, providing for a board of trustees, be further amended by adding the following provisions at the end thereof:
"The decision of said board of trustees granting or refusing a pension shall be subject to review by the Superior Court in an action at law, suit in equity,

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683

writ of certiorari as provided by general law for such writs or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this act, as amended."

SECTION 3. That section 3 of said act, as amended, providing for a pension to officers and employees be further amended to read as follows:
"When such officer or employee shall retire as a matter of right, he shall be paid one-half of the salary he was receiving at the time of his retirement, for the rest of his life, to be paid monthly. The maximum amount to be paid to any officer or employee as a pension, under this act, shall be the sum of $100.00 per month, except as otherwise provided herein. The pension herein authorized shall be increased by a sum equal to 4% of each of such monthly payments for each full year of active service in excess of 25 years and not in excess of 35 years, which said sum shall be added to the monthly payments herein authorized. The records, kept in the office of the comptroller of such city, shall be conclusive as to the time served."

SECTION 4. The aforesaid act is further amended by substituting the following section for section 34, as amended by the act approved the 8th day of March, 1945 (Georgia Laws 1945, p. 999):
"Section 34. The board of trustees shall permit any officer or employee on or before July 1, 1947, who is not now contributing to said pension fund, on written application, to become a member of such pension fund and be entitled to all of the emoluments herein, provided such officer and employee shall pay into said fund the sum of two percentum of his salary computed from November 1, 1927, or, if he began his service with the city subsequent to November 1, 1927, but before May 1, 1935, then said two percentum shall be computed from such date of entering the service of the. city, and by paying 3% of his salary to be computed from May 1, 1935, or if subsequent to May 1, 1935, then from the date of entry into the service of the city, to the date of his entry into the pension fund and in the event he desires to provide for the continuance of such payment to his widow, his contribution for the period of employment between November 1, 1927, to May 1, 1935, shall be 3% and from May 1, 1935, to the date of his entrance into the fund shall be 4% and, provided further he shall serve at least 3 years from the date of his entering said fund before becoming eligible to retire on a pension. Provided further that the percentum to be paid on the salary enumerated above shall not be computed on any salary in excess of $200.00 per month. Provided, further, that the total amount that may be due to be paid into said pension fund shall be divided into 50 installments to be paid monthly over a period of 50 months beginning as of the date of his entrance into said fund."
SECTION 6. That said act, as amended, be further amended by adding the following provision:
"All officers and employees who shall have reached th~ir 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday. All such officers and employees shall be entitled to a pension when so retiring, whether they have served 25 years or not. For example, if such officer or employee has served 10 years, lie shall be entitled to 10/25ths of the pension that he would be entitled to had he served 25 years. Fractional parts of years shall not be counted. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this act, shall have the privilege of completing his term of office before he shall be

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compelled to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and general council shall have like powers with respect to other employees covered by this act."

SECTION 7. That said act, as amended, be further amended by adding the following provision:

"Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be re-elected or reappointed, or whose office shall be abolished, shall be entitled to a pension upon the following basis: No such person shall be entitled to a pension until such person has been in the employment of the city for a period of 15 years. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in section 6-306 of the code of the City of Atlanta of 1942. Such officer shall otherwise be entitled to all the rights and benefits pro vided in said act for officers and employees who have or inay become totally and permanently disabled."

SECTION 8. That the aforesaid act, as amended by the act approved March 19, 1943 (Georgia Laws 1943, p. 551) be amended by adding at the end of section 6 thereof the following:

"All such officers and employees who were inducted in the armed forces of the United States prior to March 19, 1943 (the date of said amendment), who become members of such pension fund under section 34 of said act as amended by this act or any prior act, shall have credit for the time served in the armed forces of the United States in the computation of the time required before becoming eligible to retire on a pension."

SECTION 9. All laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the ayes were 52, nays 0.

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

HB 525. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb County; and for other purposes.

Senator Dean of the 34th offered the following amendment:
Amend HB 525 by striking section 5 ln its entirety and inserting in lieu thereof, the following:
"Section 5. All county officers and employees of DeKalb County who are employed or hold office on the effective date of this act are subject to the terms

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635

and provisions thereof. 'Employees', and 'officers', as the terms shall be used herein, shall include salaried employees and deputies of county officers by whatever name or title employed or deputized, except elected county officers and members of the board of tax assessors."

Senator Dean of the 34th offered the following amendment:
Amend HB 525 by adding to section 4, the following:
"Payment of pensions provided for in this act shall be made exclusively from the pension fund hereinafter provided for and no obligation is created by the county to pay pensions except from said fund and the county authority shall not be required to supplement said pension fund or to contribute a larger amount than that provided for in section 13 of this act."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd moved that the Senate resolve itself into executive session and the motion prevailed.
The Senate resolved itself into executive session at 11 :45 o'clock.
The executive session was dissolved at 12:30 o'clock.

Senator Weaver of the 51st moved that the Senate recess until 1:30 o'clock and ilie motion prevailed.
The Senate was called to order by the president pro tempore at 1:30 o'clock and resumed its regular order of business.
The president pro tempore recognized in the gallery the seventh grade of Ben Hill
School, Fulton County, with their teachers, J. W. Wells and Frances McGee.

The following communication was transmitted to His Excellency, the Acting Governor M. E. Thompson through Mrs. Henry W. Nevin, secretary of the Senate:

Honorable M. E. Thompson, Governor State Capitol Atlanta, Georgia

March 21, 1947

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:

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Hon. H. L. Wingate, Mitchell County, Georgia, 2nd Congressional District, to succeed Hon. Ed Jerger, whose term expired January 1, 1947. The vote on this confirmation was ayes 51, nays 1.

Hon. Rutherford L. Ellis, Fulton County, Georgia, 5th Congressional District, to succeed himself, whose term expired January 1, 1947. The vote on this confirmation was ayes 51, nays 1.
Respectfully yours,

EN:LL

Mrs. Henry W. Nevin, Secretary of the Senate

Honorable M. E. Thompson, Governor State Capitol Atlanta, Georgia

March 21, 1947

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. J. C. Beasley, Tattnall County, Georgia, as director, State Highway Department of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. Phil M. Landrum, Hall County, Georgia, as executive secretary of the Executive Department, State of Georgia. The vote on this confirmation was ayes 52, nays 0.
Hon. H. E. Nichols, floyd County, Georgia, as treasurer of the State Highway Depart ment, State of Georgia. The vote on this confirmation was ayes 52, nays 0.
Hon. J. L. Pilcher, Thomas County, Georgia, as supervisor of purchases, State of Geor&ia, to succeed Hon. W. N. Pate, resigned, whose term expires January 14, 1949. The vote on this confirmation was ayes 52, nays 0.
Hon. Williard Laricy, Screven County, Georgia, as member, State Highway Commission, State of Georgia, 1st Congressional District. The vote on this confirmation was ayes 52, nays 0.
Hon. J. Leon Houston, Worth County, Georgia, as member, State Highway Commission, State of Georgia, 2nd Congressional District.
Hon. Gerew Dunn, Terrell County, Georgia, as member, State Highway Commission, State of Georgia, 3rd Congressional District. The vote on this confirmation was ayes 52, nays 0.
Hon. Jud Milam, Troup County, Georgia, as chairman, State Highway Commission, State of Georgia, 4th Congressional District. The vote on this confirmation was ayes 52, nays 0.
Hon. C. R. Vaughn, Rockdale County, Georgia, as member, State Highway Com mission, State of Georgia, 5th Congressional District. The vote on this confirmation was ayes 52, nays 0.

FRIDAY, MARCH 21, 1947

687

Hon. David Dyer, Hancock County, Georgia, as member, State Highway Commission, State of Georgia, 6th Congressional District. The vote on this confirmation was ayes 52, nays 0.

Hon. A. E, Young, Polk County, Georgia, as secretary, State Highway Commission, State of Georgia, 7th Congressional District. Th~ vote on this confirmation was ayes 52, nays 0.

Hon. George W. Bazemore, Ware County, Georgia, as member, State Highway Commission, State of Georgia, 8th Congressional District. The vote on this confirmation was ayes 52, nays 0.

Hon. Mose Gordon, Jackson County, Georgia, as vice-chairman, State Highway Commission, State of Georgia, 9th Congressional District. The vote on this confirmation was ayes 52, nays 0.

Hon. Furman D. Smith, Sr., Elbert County, Georgia, as member, State Highway Commission, State of Georgia, lOth Congressional District. The vote on this confirmation was ayes 52, nays 0.

Hon. M. W. Tift, Dougherty County, Georgia, as commissioner, State Highway Commission, State of Georgia, at large. The vote on this confirmation was ayes 52, nays 0.

Hon. J. Roy Robinson, Seminole County, Georgia, as commissioner, State Highway Commission, State of Georgia, at large. The vote on this confirmation was ayes 52, nays 0.

Hon. John Goddard, Spalding County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. L. C. Groves, Lincoln County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. R. A. McGraw, Meriwether County, Georgia as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. Victor Davidson, Wilkinson County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. R. Beverly Irwin, Fulton County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. C. Marion Dobbs, Cobb County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Hon. Claude Shaw, Jr., DeKalb County, Georgia, as assistant attorney general, State of Georgia. The vote on this confirmation was ayes 52, nays 0.

Respectfully yours,

Mrs. Henry W. Nevin, Secretary of the Senate

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JOURNAL OF THE SENATE,

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

HB 372. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, and amendatory acts, by authorizing the mayor and aldermen to enter into contracts for group insurance covering employees including right to appropriate sums to pay a portion of the premium; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to amend an act approved March 28, 1935, entitled "an act to regulate parking motor vehicles and other vehicles on the stateaid roads, etc.", so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend HB 238, section I, line 11 by striking the word "interstate" and inserting "intrastate" and striking in line 13 the word "charter" and inserting the word "character".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 34, nays 2.
The bill having received the requisite constitutional majority, was passed, as amended.

HB 265. By Mr. Walker of Ben Hill:
A bill to amend an act relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes.
I
The Committee on General Judiciary offered the following amendment:
Amend HB 265 by striking the. word "7%" wherever it occurs and inserting in lieu "6%".
The amendment was adopted.

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689

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 29, nays 1.
The bill having received the requisite constitutional majority, was passed, as amended.

HB 175. By Mr. Mathews of Peach:
A bill to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.
The report 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, l:javing received the requisite constitutional majority, was passed.

HB 250. By Messrs. Kenimer of Harris, Huddleston of Fayette and Garland of Butts:
A bill to amend an act approved March 19, 1943. Ga. Laws 1943, pp. 640-670, entitled an act to establish a retirement system for aged and incapacitated teachers in the state public schools; and for other state supported schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 281. By Mr. Welsch of Cobb:
A bill to repeal an act pertaining to "registration of divorces and annulments of marriage"; and for other purposes.
The report 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 517. By Mr. Green of Rabun:
A bill to prescribe the method by which incorporated Cities or towns of this state that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wae agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 308. By Messrs. Ray of Warren and Gowen of Glynn:

A bill to amend the corporation act of 1938, and to add an additional code section after section 221814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment; and for other purposes.
The report 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 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes and Green of Lanier:
A bill to amend an act to prevent the introduction into and dissemination within the State of Georgia for contagious diseases of honey bees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passsge of the bill, the ayes were 37, nays 1. The bill, having recei~ed the requisite constitutional majority, was passed.

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to provide for payment by the State Highway Department for rights of way to counties when rights of way are not used for highway purposes within three years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 459. By Mr. Cates of Burke and Thompson of Meriwether:
A bill to grant to the various counties of the State of Georgia and the State Highway Department the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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691

HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia:

A bill to authorize every insurance company authorized and doing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing 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 30, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to amend an act relating to organization of boards and directors of 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 pasaage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 242. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Ray of Warren and Smith of Fulton:
A bill to amend an act relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and for other purposes.
The report 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 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A bill to make it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond shall be paid by the county fiscal authorities from county 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, havingreceived the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 174. By Mr. Mathews of Peach:

A hill to amend an act relating to a petition and order for division and appointment of appraisers to divide property in kind; 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 36, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 182. By Mr. Mathews of Peach:
A hill to amend an act relating to distribution, advancement, and year's support; to provide that appraisers appointed to set apart a year's support to a widow and children shall he appointed from the county where the administration of the estate of the deceased is pending; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 28, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 193. By Mr. Elliott of Muscogee:
A hill to establish a veterans' education council to provide for the selection of the members; 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 29, nays 4. The hill, having received the requisite constitutional majority, was passed.
HB 197. By Messrs. Smith and Reid of Carroll:
A hill to amend an act to establish a retirement system for aged and inC11pacitated teachers in the state public schools; 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 34, nays 0. The hill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 21, 1947

693

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:

A hill creating the Georgia coastal scenic highway authority; to provide the authority to promote, develop, construct, equip, maintain, and operate a toll highway in any and all of the counties in the coastal highway district of this state; and for other purposes.

Senators Ramsey of the 1st and Smiley of the 2nd offered the following amendment: Amend HB 189 by striking section 21 in its entirety.
The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the hill, the ayes were 32, nays 0. The bill having received the requisite constitutional majority, was passed, as amended.

HB 229. By Messrs. Elliott of Muscogee, Hubert of DeKalh, Shields and Holleman of Muscogee and Kemper of Bibb:
A hill to amend the "motor fuel tax law", by adding a new paragraph to said section 92-1407 so as to grant allowance of 2% on all taxes imposed by state; and for other purposes.

The Committee on Finance offered the following substitute:
A BILL
An act to he entitled an act to amend the "motor fuel tax law" and section 92-1407, of the Code of Georgia, 1933, which provides for tax reports and computation and payment of tax on motor fuel and/or kerosene, by adding a new paragraph to said section to he known as section 92-1407 (E) providing that licensed retail dealers in motor fuel and/or kerosene shall receive an allowance of two per cent (2%) of all taxes imposed by the State of Georgia on all such motor fuel and/or kerosene, sold by them to cover loss by evaporation and expenses in collecting the tax for the state; to provide a method of computation and payment of such allowances; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That section 92-1407 of the Code of Georgia of 1933, the same being a part of the "motor fuel tax law", be amended by adding a new paragraph to said section to be known as section 92-1407 (E) , to read as follows:
92-1407-TAX REPORT; COMPUTATION AND PAYMENT OF TAX.

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(E) Every person selling motor fuel and/or kerosene at retail shall be entitled to a refund of two per ceni: (2%) of all taxes impoSed by the State of Georgia on any such motor fuel and/or kerosene sold at retail by such persons, to cover losses in evaporation and expenses in collecting the tax for the state, subject to the conditions set forth in this subsection. 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 selling motor fuel and/or kerosene at retail as hereinabove set forth in this subsection.
Provided, however, that no person shall be entitled to a refund under this subsection unless such person is the holder of an unrevoked r~fund permit to be issued to such person by the commissioner of revenue upon application as .hereinafter provided. Such permits shall be issued on an annual basis and shall expire at the end of .each fiscal year. The application for such permit shall be in such form as the commissioner of revenue may prescribe, shall be 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 subsection. The application shall be signed by the applicant and duly verified. Permits 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 under the provisions .of this subsection shall be reimbursed in the following manner and subject to the following provisions:

(a) If the commissioner of revenue, after such investigation as he deems necessary, shall be satisfied that the application for refund permit has been made in good faith and that applicant has complied with the requirements of this subsection, the commissioner of revenue shall issue a refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for refund allowance 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, 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.

(b) All applications for refunds must be filed with the commissioner of revenue within six months from the date of purchase of the motor fuel with respect to which refund is claimed.

(c) Applications for refunds 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 motor fuel purchased by the applicant during the period for which refund is claimed, the date of each purchase and from whom purchased, also, the quantity of motor fuel on hand at the beginning and the quantity of motor fuel on hand at the end of the period for which refund is claimed, such statements to be made up to cover each individual location at which motor fuel is sold at retail if more than one retail outlet is operated by applicant.

(d) All applications for refunds shall be accompanied by the invoices covering such purchases. No refund under this subsection shall be allowed to apply on any sale for resale.

FRIDAY, MARCH 21, 1947

695

(e) 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 as prescribed in this subsection 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 application, 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.

SECTION 2. All laws and parts of laws in conflict with this act are hereby repealed.

SECTION 3. This act shall become effective on the first day of July after it has been approved by the Governor of the State of Georgia.

The report of the committee, which was favorable to the passage 1>f the bill, by substitute, was agreed to.

On the passage of the bill, the ayes were 31, nays 5.

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

HB 349. By Messrs. Harrison of Wayne, Groover of Troup; Littlejohn of Floyd, Harden of Turner,. Twitty of Mitchell:
A bill to regulate the practice of embalming and funeral directing in this state; and for other purposes.
Senator Millican of the 52nd moved that the Senate postpone action on HB 349 until tomorrow, and the motion prevailed.
The president pro tempore presented to the Senate former Mayor Roy LeCraw of Atlanta, Georgia.
Senator Millican of the 52nd moved that when the Senate adjourn today, it stand adjourned until 9:00 o'clock t~morrow morning, and the motion prevailed.

Senator Millican of the 52nd moved that the Senate disagree to the adverse report of the committee on the following bill of the House and that it be recommitted:
HB 29. By Mr. McCracken of Jefferson:
A bill to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.
The motion prevailed, and the bill was recommitted to the Committee on Rules.

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Senator Millican of the 52nd moved that the Senate disagree to the adverse report of the committee on the following bill of the House and that it be recommitted:

HB 162. By Messrs. Hagan of Screven, Pennington of Wilkinson, Lewis of Hancock, Harrison of Jenkins, Battle of Schley, Johnston of Lowndes, Holbrook of Forsyth and others:
A bill to authorize and empower the state board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.
The motion prevailed and the bill was recommitted to the Committee on Rules.
Senator Millican of the 52nd moved that the Senate do now adjourn, and the motion prevailed.
The president pro tempore announced the Senate adjourn until 9:00 o'clock tomorrow morning.

SATURDAY, MARCH 22, 1947

697

Senate Chamber, Atlanta, Georgia. Saturday, March 22, 1947..

The Senate met pursuant to adjournment at 9:00 o'clock this morning and was called to order by the president pro tempore.
Scripture reading and prayer was offered by the chaplain, Rev. W. W. Whaley.
By unanimous consent, the roll call was dispensed with.
Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
The Rules Committee set up the following calendar to cover the usual order of business and then take up the following House bills and resolutions:
HB 349 continued from March 21, 1947. HB 255. HB 522. HB 46. HB 176. HB 162. HB 223. HB 437. HB 431. HB 122. HB 214. HB 505. HB 497. HR 74. HR 103. HR 82.
Senator Weaver of the 51st asked unanimous consent that the following privileged resolution be read and adopted:
By Senators Weaver of the 51st and Hogg of the 24th:

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A RESOLUTION
WHEREAS, the Senate on the 20th day of March, 1947, passed HB 10, the same being a local bill affecting the County of Bibb; and,

WHEREAS, the Senator from the 51st had requested the Senator from the 24th not to pass out of his committee said bill; and,

WHEREAS, the Senator advises that if the bill was passed out by his committee such action was taken inadvertently;

NOW, THEREFORE, BE IT RESOLVED by the Senate, that the secretary call upon the clerk of the House of Representatives for the return of said bill.

BE IT FURTHER RESOLVED, that on the return of said bill that the same be reconsidered and recommitted to the Committee on Counties and County Matters.

The consent was granted.

The following report of the House and Senate committees of the Georgia State Legislature on the joint inspection of the State-owned W. & A. railroad and hotel properties was read:
To: Honorable William T. Dean, President Pro Tern. of the Senate, and Hon. Fred Hand, Speaker of the House:
Your Committee on the W. & A. Railroad from the Senate and House of Representatives went over the Western and Atlantic Railroad property in Georgia and Tennessee, and the hotel properties in Chattanooga, on the 14th and 15th days of February, 1947, for the purpose of investigating the condition of these properties, and the undersigned have been instructed to report to the Senate and House of the Georgia Legislature as follows:
The committee is indeed pleased to report that the W. & A. properties have been very substantially improved since the date of the last inspection which was made on February 23 and 24, 1945. The most noticeable, and probably the most valuable, improvements made by the lessee have been 15 separate projects effecting realignment of the track principally between Cartersville and Chattanooga. This realignment has taken out many degrees of curvature and completely straightened long sections of the old road. The lessee estimates that when all these projects are completed the running time between Chattanooga and Atlanta will be reduced by approximately 15%. Additionally, the culverts and bridges along the old line had not been constructed to withstand the heavy equipment which is now being used by the lessee. However, along the new line the culverts and bridges have been constructed with the view of handling the heaviest of traffic.
Along with the increased speed which is being realized from the realignment projects the lessee. has instigated a program which, when completed, within the next few months will place the entire railroad under an automatic centralized traffic control system. This system has already been installed everywhere on the line except between Cartersville and Resaca, and represents the most modern method of train controL
Many new sections of rail have been laid, all of which consist of 112 pound rail instead of the 90 pound weight which has been used previously. In addition to the increased speed which has resulted from these improvements, your committee is pleased to report that all of these changes will result in far greater safety of operation.

SATURDAY, MARCH 22, 1947

699

To our last report we attached information furnished by the Georgia Public Service Commission showing the site of the Allatoona Dam Project on the Etowah river in Bartow county, and the effect of the impounding of water against the roadbed of the W. & A. Railroad. We are pleased to report that the commission's staff of engineers has been very active in studying the effect of the construction of the dam and has submitted its findings to the U. S. Army engineers as to what changes must be made to adequately proteot the State's interest and investment.

Your committee recommends that the General Assembly take steps to empower the Governor and the chairman of the Public Service Commission, with the advice of the attorney general, to enter into an agreement with the appr.opriate governmental agency (or such ()ther authorities or persons as may have the right and power to contract with respect thereto), providing for the permanent relocation of the track and right-of-way of the Western & Atlantic Railroad between mile posts 36.25 and 41.50 in Bartow county, Georgia, and at such other points as may be affected by the proposed reservoir to the end that the State-owned railroad property be relocated in the most desirable position from an operating standpoint for the most efficient conduct of the railroad business.

Your committee is pleased to report that both the hotel properties in Chattanooga are being maintained in a good state of repair, although not as many improvements have been made to the Eastern as to the Plaza. Considering recent hotel fires your committee is particularly gratified to report that both of these hotels have been equipped with automatic sprinkler systems, thus reducing the potential liability to the State.

We are indebted to the lessees of the railroad property and the hotel properties for their kind cooperation throughout the inspection tour, and appreciate the assistance afforded by members of the Georgia Public Service Commission and its staff.

Most respectfully submitted,

This the 24th day of February, 1947.
.Chas. B. Yates, Chairman, Senate W. & A. Railroad Committee

James Evitt, Jr., Chairman, House W. & A. Railroad Committee

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 497. Do Pass.

Respectfully submitted,
Hogg of 24th District, Chairman

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JOURNAL OF THE SENATE,

Mr. Hogg of the 24th District, chairman of the Committee on Counties and County Matters, submitted the following report:

l\fr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 10. Do Not Pass.

Respectfully submitted,

Hogg of 24th District, Chairman

Mr. Darby of the 15th District, chairman of the Committee on Municipal Government, submitted the following report:

:\fr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 4i2. Do Not Pass.

HB 534. Do Pass by substitute.

Respectfully submitted,

Darby of 15th District, Olairman

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 109.

Respectfully submitted,

Wideman of 46th District, Chairman

The following local bills of the House were read the third time and put upon their passage:
HB 264. By Mr. Leverette of Putnam:
A bill to provide that the county fiscal authorities of Putnam county may Rx a salary not to exceed $100.00 per month to be paid the sheriff of Putnam county in addition to fees now paid said sheriff; and for other purposes.

SATURDAY, MARCH 22, 1941

701

The report 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 463. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act to create a new charter for the City of East Point; to fix the salary of the city aldermen; and for other purposes. The report of the committee, which was favorable to the _passage of the bill, was agreed to. On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 471. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act creating a civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 473. By Messrs. Etheridge, Kendrick and Smith of Fulton.
A bill to amend an act to create a new charter for the City of East Point; 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to establish a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Millican of the 52nd offered the following substitute:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an act 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" be and the same are hereby amended as follows:
Section l. That the corporate limits of the City of Atlant11 be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all of the territory lying within the following boundary lines:
Beginning at a point on the existing corporate limits of the City of Atlanta where same intersects the westerly line of land lot 56 of the Seventeenth Dis trict of Fulton County; thence northerly along said westerly line of land lot 56 and along the westerly line of land lots 57 and 58 of said district to a point where the northerly right-of-way line of the Seaboard Air Line Railway Company intersects the westerly line of land lot 58; thence easterly along the northerly right-of-way of said railway company to a point of intersection with the easterly side of Piedmont Road; thence southerly along the easterly side of Piedmont Road to the intersection of Piedmont Circle; thence south easterly and southwesterly along the easterly side of Piedmont Circle and con tinuing across Cheshire Bridge Road and along the easterly side of Piedmont Road to the present corporate limits of the City of Atlanta; thence westerly, southerly, westerly, southerly and westerly along the present limits of the City of Atlanta to the point of beginning.
Section 2. All the power and authority of the City of Atlanta under its pres ent charter and ordinances and all laws appertaining to said city as a munici pality are hereby extended over and made effective in every part of the territory included within the limits above described, on the passage of this act. The power and authority of the officers of the city are made coextensive with the limits as extended by this act; and all other rights and powers necessary to carry out and enforce the Jaws and ordinances governing said City of Atlanta, the power of taxing property and fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and com pletely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory of the City of Atlanta.
Section 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the hill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SATURDAY, MARCH 22, 1947

703

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton:

A bill to amend charter of Atlanta so as to enlarge and extend city limits within the 17th District of Fulton County; and for other purposes.

Senator Millican of the 52nd offered the following substitute:
An act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEOllGIA, and it is hereby enacted by authority of the same, that an act 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' be and the same are hereby amended as follows:
Section l. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines:
Beginning at a point on the existing corporate limits of the City of Atlanta in Land Lot 150 of the Seventeenth District of Fulton County, at an intersection with a line five hundred (500) feet west of the westerly line of Northside Drive and measured at right angles thereto; thence in a northwesterly and northerly direction, five hundred (500) feet distant and parallel to said westerly side of Northside Drive to a point of intersection with the northerly line . of Land Lot 160 of the said Seventeenth District of Fulton County; thence easterly along the northerly line of Land Lots 160, 139, 117, %, 64, 43 and also along the northerly line of Land Lot ll to the northwest corner of property of the Brookhaven Country Club same being twenty-two hundred (2200) feet, more or less, west of the county line between Fulton County and DeKalb County; thence in a southeasterly direction along the south westerly property line of the above mentioned Brookhaven Country Club to a point; thence continuing in a northeasterly direction along the line of said Brookhaven Country Oub property; thence in a southerly direction along the said Brookhaven Country Club property to the northeasterly side of Brookhaven Drive to the county line between Fulton County and DeKalb County; thence in a southerly direction along said county line to a point of intersection with the now existing city limits of the City of Atlanta, same being the northwest comer of Land Lot 56 of the Eighteenth District of DeKalb County; thence southerly, westerly, northerly and westerly along the present corporate limits of the City of Atlanta to a point of intersection with the easterly side of Piedmont Road; thence northerly along the easterly side of Piedmont Road and across Cheshire Bridge Road and continuing northerly along the easterly side of Piedmont Circle and Piedmont Road to a point of intersection with the northerly rightof-way line of the Seaboard Air Line Railway Company; thence westerly along the northerly right-of-way line of said railway company to a point of intersection with the westerly line of Land Lot 58 of the Seventeenth District of Fulton County; thence southerly along the westerly line of Land Lots 58, 57 and 56 to an intersection with the existing city limits where same crosses said westerly line of Land Lot 56 of the Seventeenth District of Fulton County; thence westerly, northerly, westerly, southerly along the existing limits of the City of Atlanta in its various courses to the point of beginning.

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JOURNAL OF THE SENATE,

(The above described property lines of the Brookhaven Country Club are as shown on map as follows:

Map of Brookhaven showing property of Brookhaven Estates and Brookhaven Country Club-Knox T. Thomas, Civ. Eng. January 1912) On file in -the office of Clerk of Superior Court in Plat Book No. 4, page 194.)

Section 2. The said described territory shall become a part of the City of Atlanta, January 1, 1948, on the condition that this charter amendment shall be approved and ratified by a majority of the qualified electors of said territory voting at an election called and held as hereinafter provided. Only qualified electors residing in said territory shall be eligible to vote in said election. If a majority of those voting shall vote in favor of the approval and ratification, then this act shall be of full force and effect.

Section 3. It shall be the duty of the Ordinary of Fulton County to call an election in the described territory, in all the voting precincts therein, not sooner than 90 days nor later than 150 days after the approval of this act. Notice shall be given of said election in each of the daily papers at least 30 days before the date of holding said election, notifying the qualified voters thereof that the election will be held on the question of approval and ratification of this amendment. The expense of holding said election shall be paid by the City of Atlanta. The mayor of the City of Atlanta and the chairman of the board of county commissioners of Fulton County shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and the counting of the votes.
Section 4. All persons voting at said election in favor of the approval and ratification of this charter amendment shall have written or printed on their ballots the following words: "For approval and ratification of charter amendment extending the limits of the City of Atlanta" and all persons voting against approval and ratification shall have written or printed on their ballots the following words: "Against approval and ratification of charter amendment extending the limits of the City of Atlanta." Voting machines may be used. If a majority of those voting at said election shall vote in favor of the approval and ratification as herein provided, the ordinary of said county shall so declare, and shall furnish the Secretary of State and clerk of council of the City of Atlanta each a certified copy of the results of said election and a certified copy of his declaration declaring that a majority of the qualified voters voting at said election had approved and ratified this amendment.

Section 5. Said described territory shall be divided into two separate and distinct additional wards for the City of Atlanta as follows: Those residing on Peachtree Road and on both sides thereof and in all territory east of Peachtree Road shall constitute one ward and all the balance of said territory shall constitute another ward, subject to change in ward lines by the mayor and general council for the benefit of the citizens thereof. Each of said wards shall be entitled to one alderman and two councilmen and a member of the Board of Education. Any change made by the mayor and council in the ward lines shall not increase the number of wards in the City of Atlanta to more than eight wards. The represen tatives in the general council and on the board of education herein authorized shall be in addition to those now authorized by the charter.

Section 6. It shall be the duty of the mayor and general council to call an election within said territory in the specific wards within 90 days after the approval and ratification of this amendment for the purpose of selecting one alderman and

SATURDAY, MARCH 22, 1947

705

two councilmen and a member of the board of education to represent said additional wards in the general council and on the board of education until January 1, 1950. Successors to these officers shall be elected at the next general election by the qualified voters of the City of Atlanta as provided for other aldermen and councilmen and members of the board of education.
Section 7. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating husinesa; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds -heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta.
Section 8. That any common carrier or public transportation company, now operating under any certificate of convenience and necessity wholly or partially within the territory annexed or any part thereof, shall, from and after the annexation of such territory by the City of Atlanta, be entitled as a matter of right to continue such operation over the territory traversed after such territory has been annexed, in the same manner that said company or companies operated prior to such annexation. Upon annexation by the City of Atlanta of the territory under the terms of this amendment, such company or companies shall immediately file with the clerk of council of the City of Atlanta, a schedule of the routes so operated.
Section 9. If any clause, sentence, paragraph or any part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect; impair, or invalidate the remainder of this act.
Section 10. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

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

On the passage of the bill, the ayes were 52, nays 0.

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

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an.act creating a new charter for the City of East Point; to provide the manner and time for all elections in said city; to declare and consolidate the rights and powers of said incorporation; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Millican of the 52nd offered the following substitute:

An act to amend an act entitled "An act to create a new charter for the City of East Point, in the County of Fulton, and to re-incorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all acts here tofore passed incorporating said city and amending the charter thereof; to provide that all ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this act, be preserved and continued in force and valid and binding until the same are repealed or amended by the mayor and board of aldermen of said city; to declare and consolidate the rights and powers of said incorporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention in office of the present officers of said city until the election provided for in this charter is held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein; and for the registration of the same; to provide for the recorder's court and the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for a city chain-gang and the working of prisoners therein; to provide for a fire department, a board of health, a water and light commission, a police department and to prescribe the rights, powers, duties and liabilities of the same; to authorize the mayor and board of aldermen to maintain and operate a system of waterworks and sewers and electric plant; to authorize said city to borrow money and issue bonds and other evidences of debt for public purposes; to provide for public parks and cemeteries; to provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, gmding, working, and paving of the same; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded debt of the city; to authorize the assessment and collection of a tax for working the streets of said city; to authorize the taxation and license of all kinds of business trades, professions, shows, exhibitions and entertainments in said city; to provide for the maint~nance and supervision of the public schools of said city; to provide for the maintenance of a public library; to provide for the abatement of nuisances; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for all illegal purposes of all intoxicating liquors; to provide for search for the same, and the sei:ture and destruction thereof, and the punishment of the offenders; to grant encroachment on the streets; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall direct that the work be done; to provide for all matters and things necessary, proper or incident to any obligations of said city all outstanding bonds and other legal obligations of
said city; and for other purposes," approved August 19th, 1912, and the several acts amendatory thereof, so as to annex to the City of East Point substantially all of the unincorporated area between East Point, College Park and Hapeville; to provide for a fourth ward within the City of East Point as enlarged by this annexation; to fix the line dividing said fourth ward and the third ward of said city; so as to provide for repre~entation on the zoning and planning commission, the athletic commission, the board of registrars, the library board of trustees, and so as to divide and distribute representation between the various wards of said city on the various boards, commissions, and authorities under the jurisdiction of said city; and for other purposes; to provide for a retirement plan for city employees, to provide a retirement fund within said plan, and to provide for payment by city employees into said fund, and for contributions into said fund from the city treasury of said city; and for other purposes.

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707

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 the city limits of the City of East Point he and are hereby extended to embrace the inhabitants and territory in the 14th District of Fulton county, Georgia, within a boundary line commencing at the intersection of the east right-of-way line of Vesta Avenue, which lines are the present east and south limits of the City of East Point and running thence east along the center line of Vesta Avenue eight hundred (800) feet, more or less, to the east side of Spring Street; thence northwesterly along the east side of Spring Street six hundred seventy seven (677) feet, more or less, to the south side of Willingham Drive, thence southeasterly along the south side of Willingham Drive twelve hundred fifty (1250) feet to an iron pin; thence south two hundred fifty nine and eight tenths (259.8) feet to an iron pin on the north side of a branch; thence along the north side of said branch in an easterly direction seven hundred sixty two (762) feet, more or less, to the west side of Harrison Road; thence south along the west side of Harrison Road six hundred three (603) feet, more or less, to the land lot line between Land Lots 131 and 130; thence west along said land lot line one hundred fifty-five (155) feet; thence south parallel with and one hundred fiftyfive (155) feet west of the west side of Harrison Road eight hundred ten and five tenths (810.5) feet to the center line of a ten (10) foot alley; thence west along the center line of said alley 300 feet; thence north 190 feet to the south side of East Walker Avenue; thence west 670 feet, more or less, to the west line of Land Lot 130; thence south along the west line of said Land Lot 130 to the north side of Cambridge Avenue; running thence east along the north side of Cambridge 690 feet, more or less, to the northeast corner of East Cambridge Avenue and Hill Street; thence north 225 feet along the east side of Hill Street to the center of an alley; thence eastwardly along the center line of said alley 255 feet to a point 172.8 feet west of the west side of Harrison Road in the center of an alley; thence southwardly along the center line of said alley 250 feet to the center line of East Cambridge Avenue; thence west along the center line of East Cambridge Avenue 50 feet, more or less, to a point in the center of East Cambridge Avenue which would he the point of intersection of a line projected north from the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 208 feet west of the southwest corner of East Cambridge Avenue and Harrison Road; thence south along the center of said last mentioned alley to the north side of Hardin Avenue at a point 203 feet west of the northwest corner of Hardin Avenue and Harrison Road; thence continuing south in a straight line across Hardin Avenue to the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 196 feet west of the southwest corner of Hardin Avenue and Harrison Road; thence continuing south along the center line of said last mentioned alley 210 feet to the southern end of said alley at a point 194 feet west of the west side of Harrison Road; thence continuing south along a straight line projected from the center of the south end of said last mentioned alley as aforesaid 206.6 feet, more or less, to the center of East Virginia Avenue; thence east along the center of East Virginia Avenue to the point of intersection of the center line of East Virginia Avenue with the center line of Harrison Road; thence southerly along the center line of Harrison Road to the south land lot line of Land Lot 130 of the 14th District of Fulton County, Georgia; thence east along the south line of Land Lot 130 to a point 172 feet east of Egan Avenue and the southeast corner of Lot 8 of Block OS of the Egan Park Subdivision according to plat recorded in Deed Book 183, page 704 of the records of the clerk of Superior Court of Fulton County, Georgia; thence north 218 feet, more or less, to the northeast corner of Lot 5, Block OS of said subdivision; thence west along the north line of said Lot 5 172 feet to said Egan Avenue; thence north along the east side of said Egan Avenue 280 feet to the northwest corner of Lot 4 of Block JS of said subdivision; thence west 202

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feet across said Egan Avenue and along the north line of Lot 8 of Block IS of said subdivision; thence north along the west line of Lots 7, 8, and 5 of said Block IS of said subdivision across an alley and along Lot 4 of Block DS of said subdivision 325 feet, more or less, to the center line of Virginia Avenue; thence east along the center line of Virginia Avenue 565.7 feet, more or less, to the center line of Whipple Avenue and the Hapeville city limits; thence north along the center of Whipple Avenue 'and the City of Hapeville city limits line 1380 feet to a corner; thence east along the Hapeville city limits line 1415 feet to a corner; thence north along the Hapeville city limits line 971 feet to the south line of La11d Lot 126; thence east along the south line of Land Lot 126 a distance thence north along the east line of Land Lot number 126 of 1418 feet to the southeast corner of Land Lot 126; a distance of 2840 feet to the present city limits of the City of East Point; thence west along the East Point city limits 2840 feet; thence south along the East Point city limits 900 feet; thence west 4500 feet along the East Point city limits to the right of way of the Atlanta and West Point Railroad; thence southwestwardly along said East Point city limits 1200 feet, more or less, to the point of beginning; and all of said territory and ~he inhabitants thereof are hereby annexed to and made a part of said city of East Point subject to the gov ernment, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city has ~eretofore exercised over the territory and people heretofore embraced within the territorial limits of said city.

SECTION 2
A fourth ward in the City of East Point is hereby created. The area embraced within said fourth ward is all of that area of the City of East Point east of Main Street aud south of the following dividing line between the third ward of said city and the fourth ward hereby created, to wit: Beginning at the intersection of the south line of Land Lot 157 and the east line of South Main Street, and running thence east along the south line of said Land Lot 157 to the southeast corner of said land lot; thence running north along the east line of said land lot to the center line of Holcombe Avenue; thence running east along the center line of said Holcombe Avenue to the center of Bayard Street; thence running south along the center line of Bayard Street to the south line of Land Lot 132; thence running east along the south line of Land Lots 132, 125, and 100 to a point 200 feet east of the southeast corner of Land Lot 125.

SECTION 3
The City Council of East Point is hereby increased in number from seven to nine members, two aldermen being hereby added by this charter amendment to be elected from the fourth ward of said city hereby created, and it shall he the duty of the City Council of East Point as soon as the provisions of this act become of force to order a special election in said fourth ward of said city for the election of 2 aldermen to represent said ward in the City Council of East Point. Said special election shall he called within 30 days from the date this act becomes of force and shall he held within 30 days from the date of such call. At said special election the persons qualified to vote in said fourth ward shall elect two aldermen, the term of one to commence with his election and to expire with the reorganization meeting of the City Council of East Point in January, 1948, and the term of the other to commence with his election and expire with the reorganization meeting of the City Council in January, 1949. The regular term of each alderman thereafter elected from said fourth ward shall be for two years and until a successor is elected and qualified. All of the laws and ordinances respecting special elections for aldermen in the City of East Point as heretofore shall prevail in the special election to be held for aldermen in said fourth ward and all of the laws and ordinances

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709

heretofore regulating and governing the holding of special elections for aldermen in said city, the eligibility and qualifications of candidates for aldermen, the qualification of voters and establishment of ward precinct shall be observed as heretofore provided for special elections for aldermen for the City of East Point except that persons otherwise qualified to vote or hold office shall not be denied the right and privilege to vote or hold public office by reason of the fact tpat such persons have not been bona fide residents nor had their domicile in the City of East Point for six months next preceding the date of the election in which such persons may desire to participate either as voter or candidate; provided that such persons are citizens of the United States and shall have resided and had their domicile in the State of Georgia for one year and in the County of Fulton for six months and within the area hereby annexed to the City of East Point for six months next preceding the date of the election in which they may desire to participate either as voter or candidate; provided such person or persons are otherwise qualified to vote or hold public office within said city.

SECTION 4
All of the laws, ordinances, and regulations governing aldermen of the City of East Point, their qualifications, rights, powers, jurisdiction, duties, privileges, and authority shall be applicable to the aldermen provided for in said fourth ward as created by this charter amendment.

SECTION 5
Said City of East Point shall have full power and authority to make and extend improvements within said newly annexed territory, and to levy, assess, and collect for such improvements; to open, extend, widen, close, repair, improve and pave streets, sidewalks, alleys, lanes and roads; to lay pipe; to furnish water; to furnish electric light and power; to charge for such services; to collect such charges; to police said annexed territory; to provide fire protection therein; to levy, assess and collect taxes in said newly annexed territory, and all of the property within such newly annexed territory shall be subject to any and all duties and obligations of said city including any and all bonds and taxes levied for the retirement of such bonds and the interest thereon.

SECTION 6
Said city's authority to zone or restrict property to certain nses and prevent other uses shall extend over all of said newly annexed territory and all other rights, powers, privileges, duties, obligations and government of said City of East Point with respect to its inhabitants and their rights and all others affected by the exercise of any of such powers, rights, duties, obligations, privileges, or jurisdiction, including the exercise of the power or right of eminent domain. Under no circumstances shall said city appropriate any property of any private person, firm, or corporation to public use without the payment of just and adequate com pensation determined by private treaty if possible and if not by .private treaty then by use of the power of eminent domain, and this provision shall apply also to any property of any other municipal corporation; provided it does not imply or mean that it shall be necessary for said City of East Point to pay any amount under this act for its joint use of facilities financed jointly by the United States and any other political subdivision of the United States, whether such other political subdivision be the State of Georgia, or any county or municipalities or counties or municipality.

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SECTION 7

The office of Zoning and Planning Commissioner heretofore filled from the city at large by the three members elected by the City Council of East Point shall at the expiration of the present term of the present chairman of said Zoning and Planning Commission be filled by appointment of the City Council of East Point, and his term of office shall be four years and until a successor is elected and qualified, the first term of said office to commence at the first annual reorganization meeting of the City Council of East Point after the resignation of the present chairman or expiration of his present term, whichever is first. The term of office of each of the three members heretofore elected by the City Council of East Point for a term of three years is hereby fixed so that the office of one member of said commission will expire at the annual reorganization meeting of the City Council of East Point in January of each of the three years preceding the expiration of the four year 'term prescribed for said fourth ward member, and the term of office of each member of said Commission is hereby fixed at four years commencing with the first elections to said Commission held under this act, so that the four members elected by the City Council from the four wards of said city shall hold each for a term of four years staggered so that one term expires at the reorganization meeting of the City Council of East Point in January of each year when a new term commences. The provision of section 2 of the act amending the charter of the City of East Point in 1939 (Georgia Laws 1939, page 1019) providing for the election of a chairman of said Zoning and Planning Commission by three members of said Commission appointed by the City Council of East Point is amended to make it conform with the above provisions of this amendment, provided that the chairman of said commission under this amendment shall be one of the members of said commission whose term of office is hereby fixed at one year and until a successor is selected and qualified.

Section 21 of said act of 1939 above mentioned is amended by the creation of the office of a fourth member of the Board of Registrars of said city to serve from said fourth ward created by this act whose term of office is hereby fixed at four years except the first which shall be one year from the annual reorganization meeting of the City Council of East Point in January, 1948, when the first term of said registrar from said fourth ward shall commence. The present terms of the other three registrars from the three other wards of said city are hereby adjusted so that when they expire after the effective date of this amendment they shall each be and become four years instead of three year terms, so that the service of the members of said Board will be staggered so that one will be elected each year for a four year term. All elections to fill vacancies shall be for the unexpired term.

SECTION 8

Be it further enacted by the authority aforesaid, that before the proVIsions of this act shall become operative the same shall be submitted for their approval to the qualified voters, who shall have been for at least six months next preceding the passage and approval of this act by the Governor of this State bona fide residents of the territory hereby annexed, at the election to be called by the City Council of East Point for that purpose within two weeks from said passage and approval of this act, said election to be held not more than ninety nor less than sixty days from said passage and approval of this act. No person shall be eligible to vote in said election except persons qualified to vote for members of the General Assembly, nor unless such persons shall have also registered with the Board of Registrars of the City of East Point with a special registration for said election. Said City Council of East Point is hereby authorized and empowered to fix by ordinance the time for such special registration, and persons not registered in said

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711

special registration within the time fixed by said City Council of East Point shall not he entitled to vote in said election. Said election shall he conducted in the same manner and subject to the same rules and regulations so far as practicable as other municipal elections are held within said City of East Point subject to the provisions of this act. Voters in said election in favor of this act becoming opera tive shall have written or printea on their ballots the words "For annexation of Egan Park to East Poili"t" and voters in said election not in favor of this act becoming operative shall have written or printed on their ballots the words "Against annexation of Egan Park to East Point." The voting place pr precinct in said election shall he at such point within the City of East Point or the territory annexed hereby as may he selected by the City Council of East Point, and such notice of the time and place of such election and special registration shall he given by the City Council of East Point as it may deem proper. The managers of said election shall make their returns of the results of said election to the City Council of East Point which shall declare the results of said election and enter the same on its minutes. If a majority of those voting in said election are in favor of this act becoming operative then and in that event this act shall he and become operative and o.f full force and effect upon the declaration of the result of said election by the City Council of East Point if a majority of the voters of said city voting at the election provided for in the next section hereof approve this act, hut if a majority of those voting at either of said elections do not vote for this act to become operative, then and in either of such events the same shall not become operative.

SECTION 9
Be it further enacted by the authority aforesaid that notwithstanding the approval of the provisions of this act by a majority of the voters in the area being annexed to the City of East Point by this act voting at an election to he called for that purpose as provided in section 8 of this act, before the provisions of this act shall become of force the same shall also he submitted to the qualified .voters of the City of East Point as it existed prior to the enactment of this act at an election to he called by the City Council of East Point for such purpose after the approval of this act by a majority of the voters in the area annexed by this act at the election held as required under section 8 of this act, and if a majority of those voting at said election called under this section of this act approve this act then each and all of the provisions of this act shall become of full force and effect, hut if a majority of those voting at said election to he called under this section of this act shall fall to approve this act then the same shall remain inoperative. At said election called under this section of this act those voting in favor of this act becoming of force shall have written or printed on their ballots the words "For Egan Annexation," and those voting against this act becoming operative shall have written or printed on their ballots the words "Against Egan Annexation." Said election shall be held in the same manner as elections for mayor and aldermen are held as far as practicable, and the managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall he .entered on the minutes of the City Council of East Point. Said City Council of East Point is hereby authorized to fix the date for said election at such time as it may deem proper within not less than ninety nor more than one hundred eighty days from the date of approval of this act by the Governor, and said City Council of East Point is authorized to give such notice of the time and place of such election as in its judgment will he proper.

SECTION 10
All laws and parts of laws in conflict with this act are hereby repealed. The report of the committee, which was favorable to the passage of the hill, was agreed to, by substitute.

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On the passage of the bill~ the ayes were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 535. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend the charter of College Park so as to provide for extension of city limits and the establishment of the ward boundaries and councilmanic representa tion in relation to such annexed territory; and for other purposes.

Senator Millican of the 52nd offered the following amendment to HB 535:
"An act to amend an act entitled an act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park) ; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/ or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes."
BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the bill (HB 535) to be entitled "An act to amend an act entitled an act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park) ; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/ or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes," be amended by adding and inserting after the words "East Walker Avenue" and before the words "to the east land lot line" in the 14th line of the section 1 of said bill, the following words:
"thence west along the south side of East Walker Avenue six hundred seventy (670) feet, more or less,"

So that parcel 1 of section 1 shall read as follows:
"Parcel One: Beginning at the northeast corner of Land Lot one hundred fifty-nine (159) of the Fourteenth (14th) District of Fulton County, Georgia, and running thence east along the north land lot line of Land Lot No. One Hundred Thirty (130) of the Fourteenth (14th) District of Fulton County, Georgia, One Thousand (1000) feet, more or less, to a point on the north line of said Land Lot One Hundred Thirty (130) one hundred fifty-five (155) feet west of the west side of Harrison Road; thence south parallel with and distant one hundred fifty-five (155) feet west of the west side of Harrison Road eight hundred ten and five-tentha (810.5) feet to the center line of a ten (10) foot alley (which alley runs in an east and west direction) ; thence west along the center line of said alley three hundred (300) feet; thence north one hundred ninety (190) feet to the south side of East Walker Avenue; thence west along the south side of East Walker Avenue six hundred seventy (670) feet, more or less, to the east land lot line of said Land Lot No. One Hundred fifty-nine (159), and the present corporate limits of

SATURDAY, MARCH 22, 1947

713

the City of College Park; thence north along the east land lot line of said land Lot No. One Hundred Fifty-nine (159) ,and the present corporate limits of the City of College Park to the northeast corner of said land lot, and the point of beginning;"

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

On the passage of the bill, the ayes were 52, nays 0.

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

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to create an airport authority in every county having a population of more than 300,000; and for other purposes.
Senator Millican of the 52nd offered the following amendment: Amend HB 541 by striking the word "six" in line 6 of section 2 and inserting the word "four."
Amend section 3, line 5, after the word "county" by adding the following: "outside of incorporate limits of cities in said counties."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB409. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to change by law the basic work week for city firemen employed by the City of Atlanta; and for other purposes.

Senator Millican of the 52nd offered the following substitute:
An act to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the act set forth in the caption to this act be and the same is hereby amended as follows:
Section I. The mayor of the City of Atlanta shall appoint a Citizens charter commission composed of two members from each ward in the city, and three mem-

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JOURNAL OF THE SENATE,

hers at large who may or may not be residents of the city. The function and duty of said commission shall be to make a study of the city government of Atlanta and the charter of the city and to propose and recommend a new charter for the city. Said commission shall have the power and authority to hold public hearings, to issue subpoenas and compel the attendance of witnesses and the production of books, documents and other evidence; to employ such clerical and technical assist ance as may be needed and to employ counsel to aid them in the performance of their duties; and to solicit funds to pay the expenses of the commission, provided, however, that no commissioner shall receive any pay for his services, hut com missioners may be reimbursed for actual expenses incurred by them in the per formance of their duties as commissioner. Said commission shall report back the proposed new charter to the mayor and it shall be the duty of the mayor to submit the same to the General Assembly of the State of Georgia for their consideration.
Section 2. That the charter of the City of Atlanta as set forth in the official Code of the City of Atlanta of 1942 is further amended by adding thereto two new sections to be known as sections 4-102 (a) and 4-102 (b) of said code as follows:
Section 4-102 (a). The mayor shall be the chief executive and administrative head of the City of Atlanta. He shall have and exercise full control and supervision over the various departments, divisions and other administrative branches of the city government, which shall be subject to his direction as the chief executive officer of the city.
Section 4-102 (b). l. The mayor shall appoint for an indefinite term, subject to confirmation by the general council, all the heads of departments, divisions .and other administrative branches of the city government, excepting only those officials who are now specifically required to be elected or appointed otherwise, and who are not specifically required to be appointed by the mayor under this section.
a. The powers of appointment granted to the mayor by this section shall spe cifically include, but shall not be limited to, the power to appoint for an indefinite term, subject to confirmation by the General Council, the following officials who have heretofore been elected by the general council:

Comptroller Chief of Construction Building Inspector Consulting Engineer Treasurer Superintendent of Electrical Afairs Purchasing Agent The Chief of the Fire Department The Chief of the Police Department The General Manager of Water Works The Chief of the Health and Sanitary Department The Engineer-Secretary of the Planning Commission

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715

The General Manager of Parks The Tax Collector The Airport Manager The Superintendent of Garages The Superintendent or General Manager of Prisons and Farms The Manager of the Auditorium and Building Inspector The Municipal Revenue Collector The City Mechanical Engineer The Superintendent of the City Hall

b. Said powers of appointment in the mayor shall also spepifically include the power to appoint for an indefinite term, subject to confirmation by the general council,

The Deputy Recorder

2. The mayor shall also appoint, subject to confirmation by the general coun cil, the members, except ex officio members, of all boards, cominissions and com mittees which are now in existence or which may hereafter be created by the general council, specifically including, but not limited to, the members of the board of trustees of the Carnegie Library.

3. The clerk of council, the auditor, and the three tax assessors and receiv ers shall continue to be elected by council in the same manner and for the same term as at present.

4. Nothing contained in this section shall affect the city school system or the board of education, which shall continue to function as at preser;It.

5. All department heads or other officers appointed by the mayor, subject to confirmation by the general council, shall be subject to removal in the following manner: If the mayor desires to remove any such official, he shall serve written
notice on such official of his intention to remove him. Such notice shall contain a clear statement of the grounds for such removal. Such official shall have 5 days after service of such notice to appeal to the general council of the City of Atlanta. If such official does not so appeal within 5 days after the date of service, such removal shall be final. If such official does appeal to the general council as here inabove set out, the council shall, not less than 10. days nor more than 20 days, after said appeal, hold a public hearing at which time such official shall be given an opportunity to be heard. After said hearing, said council shall determine whether such official shall be removed and its decision by majority vote shall be final. When the mayor has given notice to any such official of his intention to remove him, the mayor may suspend such official pending final action on his removal but such suspension shall not exceed 30 days. If such official does not appeal to the general council within 5 days after service of the notice on him or if the general council after such hearing decides to remove such official by majority vote such official shall be thereby removed. If the general council after such hearing decides not to remove such official, such official shall thereby be restored to duty.

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6. The provisions of this section with reference to the removal of officers shall be cumulative and in addition to other provisions in the charter of the City of Atlanta for removal of officers of the city government.
7. Nothing contained in this section with reference to the power of the mayor to appoint or remove officials shall affect the present terms of any of said officials. The provisions of this section with reference to the power of the mayor to appoint and remove officials shall not become effective as to any present official until the expiration of the present term of such official, provided, however, that if any of said present officials should die, resign. or otherwise leave his present office so that there should be a vacancy therein, then the provisions of this section shall thereupon become effective as to such office and the mayor shall appoint and may remove the. successor to such official as set forth in this section.
8. Whenever appointments are made by the mayor subject to confirmation by the general council, this shall be construed to mean by majority vote of the entire membership of the general council.
Section 3. That the charter of the City of Atlanta as set forth in the official Code of the City of Atlanta of 1942 is further amended by adding a new section to he known as section 5-101 (a) of said code as follows:
Section 5-101 (a). The legislative powers of the city shall he vested in the general council, subject to the veto power of the mayor as set forth in the city charter, and the functions of the general council shall he legislative only.
1. T~e general council shall define the duties and functions of the various departments, divisions and administrative branches of the city government and the various boards, commissions and committees, not inconsistent with other provisions of the charter of the City of Atlanta. It shall then he the duty of the mayor, as the executive and administrative head of the government, to see that these duties and functions are performed by the various departments, divisions and adminis trative branches of the city government and the various hoards, commissions and committees.
2. .All administrative and supervisory functions heretofore exercised by the general council or committees thereof over the various departments, divisions and administrative branches of the city government and the various hoards, commis sions and committees thereof are hereby transferred to the mayor and the various department heads and officials under him.
(a) The police committee of the general council shall continue to administer the laws, ordinances, rules and regulations pertaining to civil service in the police department and shall hear appeals from the action of the license bureau in regard to the issuance, revocation or suspension of licenses.

(b) The board of firemasters of the general council shall continue to ad minister the laws, ordinances, rules and regulations pertaining to civil service in the fire department.
3. Neither the general council nor any member thereof shall give orders to department heads or other city officials appointed by the mayor or to any of their subordinates, either publicly or privately.
Section 4. That the charter of the City of Atlanta, as set forth in the official Code of the City of Atlanta of 1942, is further amended by striking the following sections of said code which are hereby repealed in their entirety:

SATURDAY, MARCH 22, 1947

Sec. 5-310 providing that all cemeteries owned and controlled by the mayor and general council shall be under the direction and supervision of the mayor and general council, etc.

Sec. 5-319 providing that the stockade or city prison together with the employees thereof shall be under the direct control of the mayor and general council and such committee as it may see fit to put in charge thereof, etc.

Sec. 6-104 providing that the terms of office of all heads of departments elected by the people or by the mayor and general council shall be four years.

Sec. 6-105 providing that department heads shall be elected by the General Council for a term of four years, etc.

Sec. 6-117 providing that vacancies in office with the exception of the mayor shall be filled by the general council, etc.

Sec. 9-101 providing that all power over the police department shall vest in and be exercised by the general council or in its discretion through the appropriate committee of said council, etc.

Sec. 9-102 (b) providing that a vacancy in the office of the chief of police shall he filled by the mayor and the general council, etc.

Sec. 10-102 providing that the recorders shall be elected by the people for terms of four years, etc.

Sec. 11-101 providing that all power over the water works department shall vest in and he exercised by the general council or in its discretion through the appropriate committee of said council.

Sec. 11-113 providing that the general manager of water works shall be elected by the general council for a term of four years, etc.

Sec. 11-114 providing that the mayor and general council, or committee, shall

have power to appoint a competent engineer for the construction of said water

works and to employ such clerks and laborers as may from time to time be found

needful, etc.

"

Sec. 13-104 providing that the term of office of the chief of the sanitary department or whatever officer fills this office shall be four years.

Sec. 15-103 providing that the engineer and secretary of the planning commission shall be elected by the mayor and the general council for a term of four years.

Sec. 17-102 providing that the park committee shall have full authority over all municipally owned parks and that its action shall be final, etc.

Section 5. That the charter of the City of Atlanta, as set forth in the official Code of the City of Atlanta of 1942, is further amended by striking all but the first s~ntence of section 9-102 of said code so that said section as amended shall read as follows:

9-102. The police force shall consist of a chief of police, and such other officers and men as the city shall by ordinance prescribe.

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Section 6. Should any section or provision or any part of any section or pro vision of this act be held to be unconstitutional or invalid, such section or pro vision or such part of such section or provision shall not affect the validity of this act as a whole or any part thereof other than the part so held to be uncon stitutional or invalid.

Section 7. The provisions of this act with the exception of the proVIsions of section 2 hereof relating to the power of the mayor to appoint and remove officials, shall become effective June I, 1947. The provisions of section 2 hereof with ref erence to the power of the mayor to appoint and remove officials shall become effective as set forth in section 2 hereof.

Section 8. I. Effective on the first Monday in January, 1950, the general
council of the City of Atlanta is hereby abolished and in lieu thereof there is her~by created a council consisting of one member from each ward in the City of Atlanta elected on a citywide basis.

2. The term of office of the members of the council shall be four years. The first members of said council shall be elected by the qualified voters of the city at the general election to be held on the first Wednesday in December, 1949, and said members shall take office and their terms shall begin on the first Monday in January, 1950. Their successors shall be elected quadrennially thereafter as now provided by the charter of the City of Atlanta.

3. The said council shall have all the powers, duties and responsibilities and be subject to all the limitations and restrictions that are now or may hereafter be granted to or imposed upon the present general council by the charter of the City of Atlanta.

4. Any vacancy in the office of councilman shall be filled by a vote of the remaining members of the council, and the person so elected shall serve the remain der of the term.

5. The councilmen may succeed themselves in their several positions as often as they may be elected thereto. They shall have annual salaries of $3,600 each, payable in monthly installments of $300 each. This compensation shall not be changed for this term for which they are elected.

Section 9. That all laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the ayes were 52, nays 0.

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

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend an act to incorporate Hapeville so as to extend city limits by adding new territory; and for other purposes.

SATURDAY, MARCH 22, 1947

719

Senator Millican of the 52nd offered the following substitute:

An act to amend an act to incorporate the City of Hapeville, approved September 16, 1891, and the several acts amendatory thereof; to extend the limits of the said city of Hapeville by the addition of certain unincorporated territory; to ratify and confirm acts amending said acts relating to the City of Hapeville, and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. That the said act of September 16, 1891, and the several acts amendatory thereto, he and the same is further amended to extend the corporate limits of the City of Hapeville, to include the following territory:
Beginning at a point 200 feet east of the center line of Sylvan Road and at the present north boundary of the City of Hapeville and running thence north along the present east line of the City of East Point for a distance of 1400 feet; thence east 350 feet, more or less, to a point 400 feet west of the center line of Springdale Road; thence northeastwardly along a line parallel to and 400 feet west of the center line of Springdale Road to a point 200 feet north of the north side of Cleveland Avenue; thence east along a line parallel to and 200 feet north of the north side of Cleveland Avenue to a point 200 feet west of the center line of Stewart Avenue; thence south along a line 200 feet west of the center line of and parallel to Stewart Avenue to the present north boundary of the City of Hapeville.
Section 2. That the said act of September 16, 1891, and the several acts amendatory thereof, he and the same is further amended to extend the city limits of the City of Hapeville to include the following territory, to wit:
Beginning at a point, being the northeast corner of the present limits of the City of Hapeville, and extending east along the north line of land lot No. 67 to a point 200 feet east of the east line of land lot No. 67; thence south along a line 200 feet east of and parallel to the east line of land lot No. 67 and land lot No. 66 to a point on the extension of Arnold Street (in Hapeville); thence west along said Arnold Street to the present city limits.
Section 3. That the said act of September 16, 1891, and the several acts amendatory thereof, he and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit:
Beginning at a point where the line between sections 9 and 10 of Clayton County, as shown on base map of Fulton County planning commission, section 21, dated January, 1940, intersects with the northern boundary line of Clayton County; thence east along the line between Clayton County and the present City of Hape ville to a point on the northern boundary of Clayton County and the eastern boundary of section 12 of the map referred to; thence south to a point 200 feet south of Mountainview Road ; thence west paralleling Mountainview Road to a point 200 feet south of the intersection of the southernmost boundaries of sections 9 and 10, as shown by said map; thence north along the line between sections 9 and 10 as shown on said map, to point of beginning.
Section 4. That the said act of September 16, 1891, and the several acts amendatory thereto be and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit:

/

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Beginning at a point on the north line of the City of Hapeville 200 feet west of the center line of Stewart Avenue and running east along the present north boundary line of the city to a point 200 feet east of the east line of land lot No. 68; thence north along a line 200 feet east of and parallel to the east line of land lot No. 68 to a point 200 feet north of the north side of Cleveland Avenue; thence west along a line 200 feet north of and parallel to Cleveland Avenue to a point 200 feet west of the center line of Stewart Avenue; thence south along a line par allel to and 200 feet west of the center line of Stewart Avenue to the point of beginning on the north line of the City of Hapeville.
It is expressly provided, however, that the qualified voters resident within the area described in this section shall be entitled to have submitted to them at an election hereinafter called the question whether or not said territory shall be incorporated in and become a part of the City of Hapeville, and it is made the duty of the mayor and council of the City of Hapeville to call such election within ninety days after the passage and approval of this act. Said election shall be held at such polling place, or polling places, as the mayor and council might designate, conformable to existing laws of the City of Hapeville and the general statutes of this state governing elections, and the time and place of said election, and the purpose of the same and the question to be submitted, shall be advertised not less than four times, or in four issues, of a newspaper having general circulation in the territory affected. Only those voters who are qualified to vote in elections for members of the General Assembly may vote in said elections who have registered to vote therein in such manner as might be prescribed by the mayor and council in an ordinance calling said election. Voting shall be by secret ballot, under existing rules of force in the City of Hapeville for holding elections, and the ballots shall have written, or printed, thereon the words "For Annexation to the City of Hapeville" and "Against Annexation to the City of Hapeville." Persons opposed to annexation shall erase, or strike, from said ballot the words "For An nexation, etc.", and those favoring annexation shall erase, or strike, from said ballot the words "Against Annexation, etc.". Should a majority of such voters vote in favor of annexing the said territory, and the election manager so declare, then, upon proclamation of the said result of said election by the mayor of the City of Hapeville, said territory shall thereupon become a part of the incorporated territory of the City of Hapeville.
Section 5. This act shall not be construed to repeal any prior amendment to the basic act adding territory to th~ City of Hapeville, but each of said amendatory acts are ratified and confirmed, and this act shall be construed to incorporate into the City of Hapeville the additional territory described.
Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the. same are repealed.

Senator Millican of the 52nd District offered the following amendment:
Amend the substitute to HB 496 in the following particulars: By adding a new section, to be appropriately numbered by the clerk, and to read as follows:
That said act of September 16, 1891, and the several acts amendatory thereof, be further amended by incorporating into the corporate limits of the City of Hape ville the following territory:
Beginning at the intersection of the present city limit of Hapeville and the south line of Land Lot No. 66 and running east to a point 200 feet east of the east line of Land Lot -No. 66; thence south along a line parallel to and 200 feet

SATURDAY, MARCH 22, 1947

721

east of the east line of Land Lot No. 65 to the Fulton-Clayton County line; thence west along the Fulton-Clayton County line to the west line Land Lot No. 65, this being a point on the present limit line of the City of Hapeville.

The amendment was adopted.

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

On the passage of the hill, the ayes were 52, nays 0.

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

HB 530. By Messrs. Etheridge, Kendrick and Smith. of Fulton:
A hill to amend charter of East Point so as to annex substantially the unincorporated area of Fulton County west of Stewart Avenue and south of Lakewood Road; and for other purposes.

Senator Millican of the 52nd offered the following substitute:
An act to amend an act entitled "An act to create a new charter for the City of ' East Point in the County of Fulton" (Georgia Laws pp. 862 et seq.), etc., approved August 19, 1912, and the several acts amendatory thereof, so as to annex substantially all of the unincorporated area of Fulton County west of Stewart Avenue and south of Lakewood Road to the City. of East Point except where the City of Hapeville has water mains in Land Lots 99 and 100 of the 14th District of Fulton County; to provide for said annexed territory to become a part of the third ward of East Point; to provide that before this act shall become of force it shall have the approval of a majority of the qualified voters, who shall have been bona fide residents of the area hereby annexed for at least six months next preceding the passage of this act, voting at an election to he called for that purpose by the city council of East Point; 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 the city limits of the City of East Point in the county of Fulton be and are hereby extended to embrace all of the territory and inhabitants therein located within a boundary line commencing at a point on the present east boundary line of the City of East Point 1400 feet north of the south line of Land Lot 100, and running thence east 350 feet, more or less, to a point 400 feet west of Springdale Road; thence in a straight line north 7325 feet, more or less, to a point 500 feet east of the center line of Sylvan Road and 200 feet south of Lakewood Avenue; thence west parallel with and 200 feet south of Lakewood Avenue 4100 feet, more or less, to the present city limits of East Point; thence southwest 3000 feet, more or less, along the present city limits to a point where the present city boundary line turns east; thence east 2500 feet, more or les8, along the present City of East Point boundary line to a point where the present city boundary line runs south; thence south 350 feet more or less, along the present city boundary line to a point where the present East Point boundary line runs east; thence east 3100 feet, more or less, along the present City of East Point boundary line to a point where the present East Point boundary line runs south; thence south 4500 feet, more or less, along the present city limits

722

JOURNAL OF THE SENATE,

of the City of East Point to the point of beginning, and all of said territory embraced within said boundary line, and the inhabitants thereof, are hereby annexed to and made a part of said City of East Point, and shall constitute a portion of the third ward of said city, subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city heretofore exercised over the territory and people heretofore embraced within the territorial limits of said city, and all of the territory, inhabitants and property within said annexed territory is hereby made subject to any and all duties and obligations of said city.

Section 2. Be it further enacted by the authority aforesaid that the area annexed to the City of East Point by this act is hereby attached to and made a part of the third ward of said city.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

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

On the passage of the hill, the ayes were 52, nays 0.

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

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to amend the charter of College Park by providing for the annexation of territory in Fulton and Clayton 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 52, nays 0.
_The bill, having received the requisite constitutional majority, was passed.

HB 498. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to amend the charter of College Park so as to increase ad valorem tax rate for ordinary government 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, MARCH 22, 1947

723

HB 499. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to amend the charter of College Park so as to amend the civil service law 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 43, nays 0.

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

HB 502. By Mr. Bennett of Barrow:
A bill to establish a new charter for the City of Auburn; to define its 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.

HB507. By Mr. Conger of Tift:
A bill to amend an act providing a new charter for the Town of Omega, so as to increase the tax levy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act to create a new charter for the City of East Point so as to grant city power and authority to appropriate city funds or property for the use and benefit of the East Point veterans; and for other purposes.
The report 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 rP-quisite constitutional majority, was passed.

724

. JOURNAL OF THE SENATE,

HB 538. By Mr. Stevens of Marion:
A bill to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff the sum of $50.00 per month; and for_ other purpose~
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.

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

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to provide that in every county in this State having a population of 300,000 or more inhabitants, the .board of commissioners of roads and revenues, or other county authorities having charge of roads and revenues, may rent and lease con cession privileges in the jails, courthouses and other public buildings belonging to 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.

HB546. By Messrs. Cochran and Neel of Thomas:
A bill to amend the charter of the Town of Pavo in the counties of Thomas and Brooks so as to provide for the elections of mayor and five councilmen and to pro vide for their 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 5!1, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills of the House were read the third time and put upon their passage:
HB214. By Mr. Garland of Butts:
A bill to provide for home rule for counties electing to come under this act; and for other purposes.

SATURDAY, MARCH 22, 1947

725

The Committee on State of Republic offered the following amendment:

Amend HB 214 as follows:

1. By inserting between the word, "counties" and "electing" in the second line of the caption the words "having population of between 9,180 and 9,185 and all counties having a population of between 16,950 and 16,955 according to the 1940 census of the United States of America".

2. By adding a new section to he known as section lOB which shall read as

follows: "Section lOB. Should any court hold that any county not between the

population maximum and minimum as set forth in section lOA is subject to this

act, then the entire act shall become ipso facto null and void.



The amendment was adopted.

Senators Blitch of the 5th and Pannell of the 43rd offered the following amendment:
Amend HB 214, line 6, after the figures '16,955" the words "and counties having a population of between 6,435 and 6,440 and counties having a population between 11,135 and 11,140.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended;
On the passage of the hill, the ayes were 34, nays 0.
The hill, having received the requisite constitutional majority, was passed, as amended.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, littlejohn of Floyd, Harden of Turner and Twitty of Mitchell.
A hill to regulate the practice of embalming and funeral directing in this State; and for other purposes. .

Senator Weaver of the 51st offered the following amendment:
Amend by striking from section 13 the words: "provided that in either case such person shall make application within six months from the effective date of this act to the hoard forissuance,"-and inserting the following:
Any person who, upon the effective date of this act, is either owner of, or operator of, or is regularly employed in the business of directing funerals in the State of Georgia, is entitled to receive a license as funeral director and as an embalmer upon his recommendation to the hoard by two funeral directors and embalmers who have been actively engaged in the profession of funeral directing, and who have been licensed as embalmers for at least five years. All applications for licenses under this provision must he made to the hoard before September 30, 1947.

726

JOURNAL OF THE SENATE,

Any license issued under this provision shall require the same fees for its issuance as are required by this act of applicants for a regular license as a funeral director and as an embalmer, and renewals of said license shall be the same, except should any person holding a license granted under this provision cease to be the owner of, or operator of, or employee of the establishment with which he was associated at the time of the passage of this act, then said license shall become null and void.
The amendment was adopted.

Senator Mason of the 30th moved that HB 349 be tabled. On the motion to table, the ayes were 16, nays 17, and the motion was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, the ayes were 24, nays 11. The bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed as amended by the requisite constitutional majority the follow-
ing bill of the Senate, to wit:
SB 109. By Senators Wideman of the 46th and Woodall of the 25th: A bill to amend an act being an act to amend chapter 32-9 of the Code of Georgia as amended relating to the powers and duties of county boards of education; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 89. By Mr. Hicks of Floyd: A resolution providing for the erection of a monument or marker in honor of the mothers of Georgia, whose sons and daughters lost their lives while serving in the armed forces during World War II; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to amend an act approved February 1, 1946 (Ga. Laws 1946, pp. 266-217), being an act to amend chapter 32-9 of Ga. Code relating to powers and duties of county boards of education, etc., so as to provide the boards may divide the whole county into political sub-divisions so as to issue bonds for school sites; and for other purposes.

SATURDAY, MARCH 22, 1947

727

The House amendments to SB 109 were as follows:

Mr. Nee! of Thomas moves to amend section llC by adding the word "Thomas". Mr. Meeks ~f Union moves to amend section llC, SB 109 by adding the word "union".

Mr. McMillan of Washington amends SB 109 by adding the following at the end of section I:

Provided no local school district heretofore bonded shall be altered or changed by the county board of education until said bonds are retired.

Mr. Welsch of Cobb, Hagan of Screven and Gowen of Glynn moves to amend SB 109 by adding a new paragraph to be appropriately dumbered and to read as follows:

That in the event any paragraph or portion of this act shall be held or decreed to be invalid or unconstitutional, the remainder of the act shall not be affected thereby.

Senator Millican of the 52nd asked unanimous consent that the Senate disagree to the House amendment to SB 109 and that a committee of conference be appointed.

The consent was granted and the president pro tempore appointed on the part of the Senate, Senators Woodall of the 25th, Sumner of the lOth and Branch oi the 47th.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House insists on its position on the following bill of the Senate to wit:
SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to amend an act approved February 1, 1946, Georgia Laws 1946, being an act to amend chapter 32-9 of the Code of Georgia as amended relating to the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip school houses and may issue bonds therefor; and for other purposes.

The Speaker has appointed as a committee of conference on the part of the House the following members:
Messrs. McMillan of Washington, Whaley of Telfair and Ellis of Coffee.
Senator Woodall of the 25th moved that the Senate reconsider its action in disagreeing to the House amendments to SB 109.
The motion prevailed and the House amendments were agreed to.

'

728

JOURNAL OF THE SENATE.

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

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

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to amend section 56101 of the Code of Georgia so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; and for other purposes.

SB 112. By Senator Millican of the 52nd:
A bill to provide that all counties in this state having a population of 300,000 or more inhabitants according to the United States census of 1940 shall have power and authority, by action of the board of commissioners of roads and revenues thereof or other county authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, firms and cor porations maintaining a place of business in any area of said counties not embraced within the incorporated limits of municipalities; and for other purposes.

SB 113. By Senator Mason of the 30th:
A bill to amend code sections 32910, 32-1008 and 32-1010, relating to powers of county boards as school courts; removal of county superintendents of schools; examination and suspension of teachers and the rights of appeals therefrom, etc.; and for other purposes.

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Hogg of the 24th, Branch of the 41st, Parker of the 54th and others:
A bill to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the state auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.

SB 125. By Senator Callaway of the 35th:
A bill to amend section 92-3120 of the Georgia Code pertaining to gain or loss on exchange of property by adding at the end thereof a subsection (g) permitting, in accordance with the same terms set forth in section 112 (b) (6) of the federal internal revenue code, a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss; and for other purposes.

SB 129. By Senator Hogg of the 24th:
A bill to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.

SATURDAY, MARCH 22, 1947

729

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

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to 'provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the l!assage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 176. By Messrs. Kenimer of Harris, Stevens of Marion and Lewis of Hancock: A bill to amend an act relating to the powers and duties of the county boards of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 223. By Mr. Twitty of Mitchell: A bill to amend an act relating to the right of disabled and indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 255. By Mr. McCracken of Jeflerson:
A bill to amend section 56-403 of the act of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make Sf<mi-annual statements to the Governor and to publish a duplicate of the short form report made to the Governor; and for other purposes.
The report 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.

730

JOURNAL OF THE SENATE,

HB 522. By Messrs. Davis of B'artow, Williams of Toombs, Adams of Polk, Jenkins of Bartow, Harrison of Jenkins and Twitty of Mitchell:
A bill to amend an act entitled an act to amend the "public safety department act"; by providing for one troop to consist of not more than 300 men; and for other purposes.
The report. 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 agreed to.

A sealed communication was received from His Excellency, Acting Governor, Hon M. E. Thompson, through his executive secretary, Hon. Phil Landrum.

The following resolution was read and adopted:
SR 39. By Senators Daniell of the 49th, Ferguson of the 13th and Bush of the 8th: A resolution providing for mileage to and from their homes to Atlanta for the respective chaplains who have served during the present session of the Senate.
Senator Millican of the 52nd moved that the Senate resolve itself in.to executive session, and the motion prevailed.
The Senate resolved itself into executive session at 10:20 o'clock.
The Senate reconvened in regular session at 11 :45 A. M. and resumed the regular order of business.

The following communication was transmitted to His Excellency, Acting Governor M. E. Thompson, through Mrs. Henry W. Nevin, secretary of the Senate:
March 22, 1947
Honorable M. E. Thompson, 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 the confirmation of the following nominations:
Hon. Glenn S. Phillips, Columbia County, Georgia, as commisSioner, Department of Revenue, State of Georgia. The vote on this confirmation was ayes 48, nays 3.

SATURDAY, MARCH 22, 1947.

731

Hon. Charles H. Alden, Habersham County, Georgia, as state director of entomology, State of Georgia. The vote on this confirmation was ayes 48, nays 3.

Hon. 0. G. Jackson, Screven County, Georgia, as state superintendent of banks, State of Georgia, to fill the unexpired term of Hon. John C. Beasley, resigned, said term expiring January 1, 1948. The vote on this confirmation was ayes 48, nays 3.

Hon. Alpha A. Fowler, Jr., Douglas County, Georgia, as adjutant general, State of Georgia. The vote on this confirmation was ayes 48, nays 3.

Hon. Garland Peyton, Lumpkin County, Georgia, as director, Department of Mines, Mining and Geology, State of Georgia. The vote on this confirmation was ayes 48, nays 3.

Hon. Charlie Morgan, Sr., Bibb County, Georgia, as director, Department of State Parks, Historic Sites and Monuments, State of Georgia. The vote on this confirmation was ayes 48, nays 3.

Hon. Frank B. Cole, Coweta County, Georgia, as member, State Personnel Board, State of Georgia, to succeed the late Hon. H. T. Dobbs. The vote on this confirmation was ayes 48, nays 3.

Hon. W. Pete Harvey, Upson County, Georgia, as member, State Personnel Board, State of Georgia, to succeed Hon. A. E. Young, Jr., resigned. The vote on this confirmation was ayes 48, nays 3.

As members of the State Board of Social Security, State of Georgia:
Mrs. Palmer Mercer, Candler County, Georgia,. 1st Congressional District. The vote on this confirmation was ayes 48, nays 3.

Hon. W. Max Chandler, Dougherty County, Georgia, 2nd Congressional District. The vote on this confirmation was ayes 48, nays 3.

Hon. W. R. Turner, Crisp County, Georgia, 3rd Congressional District. The vote on this confirmation was ayes 48, nays 3.

Hon. Dean S. Lott, Jackson County, Georgia, 9th Congressional District. The vote on this confirmation was ayes 48, nays 3.

Mrs. Harvey Kennedy, Laniar County, Georgia, 4th Congressional District. The vote on this confirmation was ayes 48, nays 3.

Dr. C. C. Aven, Fulton County, Georgia, 6th Congressional District. The vote on this confirmation was ayes 48, nays 3.

Dr. C. C. Harrold, Bibb County, Georgia, 6th Congressional District. The vote on this confirmation was ayes 48, nays 3.

Mr. Ryan Frier, Bartow County, Georgia, 7th Congressional District. The vote on this confirmation was ayes 48, nays 3.
Respectfully yours,

EHN:LL

Mrs. Henry W. Nevin, Secretary of the Senate

732

JOURNAL OF THE SENATE,

Honorable M. E. Thompson, Governor State of Georgia State Capitol Atlanta, Georgia

March 22, 1947

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:

Rev. L. M. Twiggs, Hall County, Georgia, as a member of the State Board of Corrections, State of Georgia, for a term as provided by law to succeed Hon. T. F. Callaway, whose term expired November 27, 1946. The vote on" this confirmation was ayes 48, nays 3.

Respectfully yours,

EHN:LL

Mrs. Henry W. Nevin, Secretary of the Senate

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

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

SB 20.

By Senator Millican of the 52nd:
A bill to repeal chapter 1011 of title 101 "State Librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide for a department of state library; and for other purposes.

SB 89.

By Senator Wells of the 4th:
A bill entitled an act to provide that in all counties of Georgia having a population of not less than 5,910 and not more than 6,000 according to the United States census of 1940, that the grand juries of such counties when electing members of the county board of education shall have the power and authority to select one or more members of the county board of education from any militia district or locality in said counties; and for other purposes.

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

SATURDAY, MARCH 22, 1947
SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th: A hill to amend an act approved February 19, 1943, relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5 of said act, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has disagreed to Senate substitute to the following hill of the House to wit:
HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalh and Kemper of Bibb: A hill to amend the "motor fuel tax law"; and for other purposes.
Senator Millican of the 52nd moved that the Senate insist on its position on HB 229 and that a committee of conference he appointed.
The motion prevailed and the president pro tempore appointed as a committee of conference the following on the part of the Senate:
Senators Millican of the 52nd, Hogg of the 24th and Parker of the 54th.
The following hill of the House was taken up for the purpose of considering the report of a committee of conference.
HB 2. By Messrs. Gowen and Nightingale of Glynn: A hill to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of ,government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.
The report of the conference committee was as follows:
Mr. President: YOur Committee on Conference on HB 2 begs to submit the following report: I. That the House recede from its position and adopt all of the Senate substitute except
that subsection (k) and (1) of section 3, and sections 9, 10, and 11 he stricken.

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JOURNAL OF THE SENATE,

2. We recommend that in lieu of subsection (k) of section 3 there be inserted the following:

(k) The incorporation of adjacent subdivisions and urban areas, other than political subdivisions upon a majority of the qualified voters in both the municipality and the subdivision or area so affected voting in the affirmative. Provided, however that an affirmative vote by a majority of the qualified voters of both the municipality and subdivision or area so affected computed separately, shall be necessary to the incorporation. Be it further provided that upon a petition signed by 25 per cent of the voters from both the municipality and subdivision or area so desiring an incorporation, the legislative body of the municipality then in force or appointed for said reason, shall call an election upon the matter in the same manner as prescribed and by the same method as provided under section 3 of this act, for selecting a commission to frame charter.
The petition signed by the voters in said subdivision or area so desiring incorporation shall be presented to the ordinary of county in which area is located who shaii caii an election to be held within 40 days from date said petition is presented, the date, place, time and purpose of said election shall be advertiSed in the official organ of said county once a week for four weeks before Sllid election. The election in said areas shall be held by three free holders appointed by said ordinary in the same manner as general elections. The expense of said election shall be paid by the municipality affected.
The mayor of said municipality and the chairman of board of county comm1ss1oners of county affected shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and counting of the votes. Provided, however, that no municipality with a population of more than 100,000 persons according to the 1940 census or any future census whose boundaries do extend into two or more counties, shall have authority to extend its corporate limits to include territory lying within the counties where less than a majority of citizens of said municipality may reside by virtue of the provisions of this act.

3. We recommend that in lieu of subsection (I) of section 3, that there be incorporated in lieu thereof the following:
"After a municipality has elected to come under the prov1s1ons of this act in any of of the manners herein set forth, it shall not thereafter hold special elections for the purpose of changing its charter more often than once e~ch year.

4. That section 10 be adopted just as set forth in the substitute except that the words "and the municipalities of West Point and Hogansville "fn the county of Troup" be stricken, and that "Spalding County" be included in said section in its proper alphabetical order.

5. And that section 11 of the Senate substitute be stricken and there be substituted in lieu thereof a new section to read as follows:
"If any part or parts of this act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portion of this act. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional; provided, nevertheless, that if any municipality in any county not enumerated in section 10 of this act should be subject to this act, then the entire act shall ipso facto be of no further force and effect, just as if the same was repealed in its entirety as of that date, but ail acts done theretofore by any municipality in any of the enumerated counties under authority of this act shall be and remain valid and of full effect."

SATURDAY, MARCH 22, 1947

735

6. We recommend that from section 9 the word "Floyd" be stricken, and that the word "Floyd" be added in its proper order in section 10.
7. That section 32 of the Senate substitute be amended by inserting after the words "in counties of' and before the words "over 200,000" the words and figures "between 81,000 and 82,000".
Chas. L. Gowen,
FrankS. Twitty,
Jack B. Ray, On the part of the House

J. H. Woodall,
<;has. A. Pannell,
A. H. Weaver, On the part of the Senate

Senator Millican of the 52nd moved that the Senate adopt the report of the committee of conference.
On the motion to adopt, the ayes were 33, nays 0, and the conference committee report was adopted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House insists on its position on the following bill of the House and respectfully ask that a committee of conference be appointed:

HB 229. By Messrs. Elliott of Muscogee, Hubert of DeKalb, Shields and Holleman of Muscogee and Kemper of Bibb:
A bill to amend the "motor fuel tax law"; and for other purposes.
The Speaker of the House appointed on the part of the Honse as a committee of conference to act on HB 229 the following members of the House:
Messrs. Elliott of Muscogee, Hubert of DeKalb and Kemper of Bibb:
The following resolution was read and adopted:

SR 40. By Senator Yates of the 44th:
A resolution providing that the office of the secretary of the Senate be kept open to the public for a period of ninety (90) days following the two weeks period after adjournment; and for other purposes.

736

JOURNAL OF THE SENATE,

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

HB 162. By Messrs. Hagan of Screven, Pennington of Wilkinson, Lewis of Hancock, Harrison of Jenkins, Battle of Schley, Johnston of Lowndes, Holbrook of Forsyth and others:
A bill to authorize and empower the state board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.

Senator Woodall of the 25th offered othe following amendment:
Amend HB 162 by striking from the caption the following language: "to authorize the state board of education to set up from available fJWds appropriated for school buses a revolving fund for the purchase of school buses and equipment for county boards of education; to provide that on delivery of such equipment to county hoards of education the county board shall reimburse the revolving fund for the cost of the buses and equipment purchased; to provide that the state board of education may purchase through the State Purchasing Department, school buses and equipment on behalf of county hoards of education"; where said language appears in lines 11, 12, 13, 14, 15, 16, 17, 18, of the caption of said hill.

And to further amend said bill by striking from section 1 the two last sentences which provide as follows:
"Said state board of education is authorized to prescribe the standard forms and contracts governing the purchase of publicly owned school buses and trans portation equipment, where purchase of same is made under the provisions of this act. Different rules and regulations governing the sale and purchase of used transportation equipment by county hoards of education may be set up."
And further moves to amend said bill by striking therefrom in their entirety sections 2 and 3 of said bill.
The amendment was.adopted.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.
Senator Woodall of the 25th called for the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Senators:

Baker Branch Brown Burks

Bush Callaway Darby Dorsey

Griffith Hodges Hogg Hooks

SATURDAY, MARCH 22, 1947

737

Howard Huckeba Kennon Kiker Knox Logan Miller

Millican Mitchell Overstreet Pimnell Ramsey Smiley Tarbutton

Trippe Walker Wideman Williams Woodall

Not voting were Senators Adams, Arnold, Blitch, Boone, Butler, Carswell, Coker, Daniell, Ferguson, Gwyn, Killingsworth, Mason, Odom, Parker, Richardsmi, Seay, Sumner, Tippins, Weaver, Wells and Yates.

On the PIISsage of the bill, the ayes were 31, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the House substitute:
SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the. 35th:
A bill to amend an act approved February 19, 1943 (Ga. Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.
The House substitute was as follows:
By Mr. Chalker of Pulaski:
A BILL
To amend an act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5 of said act, fixing the salary of the deputy clerk of the Supreme Court; and an act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the deputy clerk of the Court of Appeals, by amending section I of said act, fixing the salary of the deputy clerk of the Court of Appeals; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. The first sentence of section 5 of the act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395), relating to the salary of the deputy clerk of the Supreme Court and which now reads as follows: "The salary of the deputy clerk of the Supreme Court shall be $3600 per annum, payable in equal monthly installments, to be paid by the state treasurer from appropriations for the operation of the Supreme Court," is hereby amended so as to read as follows: "The salary of the deputy clerk of the Supreme Court shall be $5000 per annum, payable in equal monthly installments, to be paid by the state treasurer from appropriations for the operation of the Supreme Court."

738

JOURNAL OF THE SENATE,

Section 2. The first sentence of section 1 of the act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the deputy clerk of the Court of Appeals of Georgia and which now reads as follows: "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 the salary of the deputy clerk of the Court of Appeals shall be $3,600 per annum, payable in monthly installments," is hereby amended so as to read as follows: "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 the salary of the deputy clerk of the Court of Appeals shall he the same as that of the deputy clerk of the "Supreme Court of Georgia; payable in equal monthly installments, to be paid by the state treasurer from appropriations for the operation of the
Court of Appeals."

Section 3. All laws and parts of laws in conflict with this ac_t are hereby repealed.
Senator Millican of the 52nd moved that the Senate agree to the House substitute.
On the motion to agree, the ayes were 29, nays 0, and the substitute was agreed to.

The Senate recessed at 12:30 o'clock and reconvened at 1:30 o'clock.
The president pro tempore presented to the Senate Hon. J. Roy McGinty, Calhoun, Georgia, former member of the Senate.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed as amended by the requisite constitutional majority the following
bills and resolutions of the Senate to wit:

SB 130. By Senators Walker of the 45th, Knox of the 29th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, Richardson of the 14th and Millican of the 52nd:
A bill to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture, members of the Public Service Commission and commissioner of labor and to provide that all shall be $7,500.00 per annum; and for other purposes.

The following bill of the Senate was taken up for the purpose of col)sidering a House

amendment thereto:

.

SB 130. A bill to fix and equalize the salaries of the secretary of state, attorney general,

state superintendent of schools, comptroller general, treasurer, commissioner of

agriculture, and commissioner of labor; and to provide that said salaries shall be

$7,500 per annum; and for other purposes.

SATURDAY, MARCH 22, 1947.

739

The House amendment was as follows:

Messrs. Smith of Emanuel and Hicks of Floyd offered the following amendment:

Amend SB 130 by adding a new paragraph to be appropriately numbered as follows:
The salary and travel expenses of the members of the State Board of. Pardon and Parole as provided in section 3 of an act approved February 5, 1943, Georgia Laws 1943, pages 189-195, entitleil an act to create the State Board of Pardons and Parole shall be $5,000.00 per annum payable in equal monthly installment~ and each member shall in addition to said salary and in lieu of any subsistence and necessary travel expense as provided therein, receive the sum of $150.00 per month, plus transportation fare and per diem if travel is made by railroad or bus, or the regular mileage fee fixed by said act where private car is used in the performance of official duties.
Senator Millican of the 52nd moved that the Senate agree to the House amendment.
The motion prevailed and the amendment was agreed to.

HB 122. By M;. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safe guards against fire; and for other purposes.

The Committee on State of Republic offered the following substitute:
A BILL
To provide for the prevention of the destruction of life and property by fire and explosion; the establishment of the office of state fire marshal and the designation of the insurance commissioner as such officer; to provide for the appointment of chief deputy fire marshal and state fire inspectors, for the fixing of their salaries, and prescribing the duties of said officers in enforcing this act; to give to the insurance commissioner as state fire marshal, power and authority to set up, establish and carry out rules and regulations for inspection of buildings and appurtenances necessary to prevent loss of life and property by fire or explosion; to provide for the making and keeping of fire records and reports; to provide for the enforcement of this a\!t and the payment of the salaries of officers and persons engaged therein; to provide for the making of rules and regulations governing the enforcement of this act; to prescribe, govern, and regulate the kind, type, construction, use and approval of fire escapes, egress, and other fire safety precaution devices and apparatus; to prescribe penalties for the violation of this act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION 1
The office of state fire marshal is hereby created.

740

JOURNAL OF TilE SENATE,

SECTION 2
The insurance commissioner is appointed state fire marshal. By virtue of this office, he shall receive expenses in an amount not to exceed $100.00 per month.

SECTION 3
It shall be the duty of the state fire marshal to enforce all laws and ordinances of the state and the several counties, cities and political subdivisions thereof pertaining to the suppression of arson and the investigation of the crime, origiit and circumstances of the fire.

SECTION 4
The state fire marshal, his chief deputy, and state fire inspectors shall have such other powers and perform such other duties as are set forth in other sections of this act and as may be conferred and imposed upon them from time to time by law.

SECTION 5
The state fire marshal, his chief deputy, and state fire inspectors shall have full police authority in carrying out the functions of their office.

SECTION 6
The state fire marshal is hereby authorized to appoint chief deputy fire marshal. The said chief deputy shall receive an annual salary not in excess of $4,800. Said chief deputy fire marshal, appointed in accordance with the provisions of this act, shall, subject to the supervision and direction of the state fire marshal, be vested with all the powers conferred upon said fire marshal. In case of absence of the state fire marshal or his inability from cause to discharge the duties of his office, such duties shall devolve upon the chief deputy state fire marshal. The state fire marshal is authorized to incur such expense and to employ not over ten, to be adequate to carry out the provisions of this act, state fire inspectors whose annual salary shall be fixed by the state fire marshal. The state fire marshal is also authorized to appoint a secretary and such other office assistants as shall be needed in the performance of the duties of this office. The state fire marshal, his chief deputy and state fire inspectors and other members of his department in addition to their regular salary shall be paid actual and necessary expenses plus mileage incurred in the performance of their duties while away from official headquarters. The chief deputy state fire marshal and state fire inspectors shall be continued in office for such term as designated by the state fire marshal. The state fire marshal, his chief deputy and state fire inspectors shall take and subscribe and file in the office of the secretary of state an oath for the faithful performance of his duties under this act within fifteen days from the time of notice of their appointment respectively.
SECTION 7
On the effective date of this act, the chiefs of each regular fire department in the State of Georgia are hereby appointed fire inspectors to serve without com pensation for the purpose of carrying out the provisions of this act. Every fire inspector appointed in accordance with the provisions of this act who refuses or neglects to perform the duties imposed upon him by this act shall be guilty of a misdemeanor and punished as prescribed by law.

SATURDAY, MARCH 22, 1947

741

SECTION 8
The insurance commissioner as state fire marshal is hereby authorized and directed to set up, establish, and carry out rules and regulations for inspection of buildings and appurtenances necessary to prevent the loss of life and property by fire or explosion.

SECTION 9
The state fire marshal, chief deputy state fire marshal and fire inspectors are the delegated authorities in determining the time limit in complying with ~ny provis1ons of this act.

SECTION 10
If the owner of any building neglects or refuses for more than 30 days io comply with any order and/or direction of the state fire marshal given as aforesaid, concerning the repair or alteration of any building, or to make such changes in the construction or situation of chimneys, flues, funnels, stoves or furnaces, boilers, boiler connections and heating apparatus as may be required by such state fire marshal within a reasonable given time, he shall be guilty of a misdemeanor and punished as prescribed by law, and each day shall be considered a separate offense.

SECTION 11
Any owner or contractor who refuses to permit said fire marshal, chief deputy state fire marshal, state fire inspector or fire inspectors to enter his buildings or willfully obstructs him or them in the inspection of such building as required by this chapter shall be guilty of a misdemeanor and punished as prescribed by law.

SECTION 12
The state fire marshal, his chief deputy, state fire inspector or fire inspectors, upon the complaint of any person, or whenever he or they shall deem it necessary, may inspect or cause to be inspected all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building or other structure, which, for want of repairs, lack of fire escapes, fire detection or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the safety of the public, and whenever such officer shall find in or around any building combustible or explosive matter, or inftammable or other conditions dangerous to the safety of such buildings, he shall order the same to be removed' or remedied, and such other shall fonhwith be complied with by the owner or occupant of such permises or buildings. If such order is made by any fire inspector, such owner or occupant may within 24 hours appeal to the state fire marshal, who shall within 10 days review such order and file his decision thereon, and his findings of fact shall be final and shall be complied with within such time as may be fixed in said order and/or decision of the state fire marshal.

SECTION 13
If any person fails to comply with the order of any officer under the provisions o'f the preceding section or with the findings of fact of the state fire marshal on

742

JOURNAL OF THE SENATE,

review, and within the time fixed by the state fire marshal, then such officer may. cause such building or premises to be forthwith repaired, torn down, or demolished and such materials removed and all dangerous conditions remedied, as the case may be, at the expense of the county in which such property is situated; and if the owner thereof, within 30 days after notice in writing of the amount of such expenses, fails, neglects, or refuses to repay said county the expenses thereby incurred, a special tax may be assessed by the assessors of taxes against the land on which said building was located for the amount of such expenses, and such amount shall be included in the next annual warrant to the collector of taxes of said county, for collection, and shall be collected in the same manner as county taxes are collected.
SECTION 14
The state fire marshal shall examine or cause to be examined the cause, circumstances and origin of all fires occurring in the cities and towns within the state of which he has knowledge by which property is damaged or destroyed and where loss of life occurs, and may examine and decide whether the same was the result of carelessness or design. The state fire marshal, or his chief deputy, when in his or their opinion such proceedings are necessary shall take the testimony on oath of all persons supposed to be cognizant or have information or knowledge in relation to the matter investigated and he shall cause the same to be reduced in writing and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson he shall cause such person to be arrested with or without warrant and cause the same to be fully investigated before an officer as is provided for committal trials, and he shall furnish the solicitor general of the circuit in which the fire occurred all such facts together with the names and witnesses and all the information obtained by him in such investigation.
SECTION 15
The state fire marshal or the chief deputy state fire .marshal shall have the same power as justices of the peace for the purpose of summoning and compelling the attendance of witnesses before them or either of them to testify in relation to any matter which is by the provision of the preceding section a subject of inquiry and investigation and to compel the production of all books, records, documents and papers pertaining to said subject of inquiry and investigation. The said state fire marshal and deputy state fire marshal may also administer oath and affirmation to persons appearing as witnesses before them and that false swearing by any person in any matter or proceeding aforesaid shall be determined perjury and shall be punished as such under the law.

SECTION 16
Said state fire marshal, chief deputy state fire marshal, state fire inspector and fire inspectors shall have authority at all times of day and night in the performance of the duties imposed by this chapter to enter upon and examine any building or premises where a fire is in progress or has occurred and other buildings or premises adjacent or near the same.

SECTION 17
All hearings held by or under the direction of the state fire marshal or chief deputy fire marshal, may in their discretion be public or private, and persons other than those required to he present by provisions hereof may he' excluded

SATURDAY, MARCH 22, 1947

743

from the place where the hearing is held and witnesses may be kept separated and apart from others and not allowed to communicate with one another until they have been examined.

SECTION 18
Whoever kindles a fire on land not his own, without consent of the owner shall be guilty of a misdemeanor and punished as prescribed by law. If such fire spreads and damages the property of others, he shall be guilty of a violation and punished as prescribed by law and in either case he shall stand committed until fine and costs are paid, or he shall be imprisoned for not more than 3 years.

SECTION 19
Whoever with intent to injure another, causes a fire to be kindled on his own or another's land, whereby the property of any other person is injured or destroyed, shall be guilty of a violation and punished as prescribed by law.
SECTION 20
Construction. It is hereby declared that this act is necessary for the public safety, health, peace and welfare, is remedial in nature, and shall be construed liberally, and this act shall not be declared unconstitutional and void for the reason that any section or provision thereof may be in contravention of the Constitution.
SECTION 21
In the administration of this act, it is hereby provided that there shall be appointed by the state fire marshal an advisory board, its membership to be composed of one each from the following groups: Structural engineers, architects, building contractors, building inspectors or the chief building official in cities having a population of 25,000 or more, fire underwriters, heating and plumbing contractors or engineers, electrical contractors or engineers, general contractors, labor organizations. Said advisory board to be composed of 10 members to be appointed by the state fire marshal and approved by the Governor, likewise their successors shall be appointed, and that the term of members of said board shall be at the pleasure of the state fire marshal. The aforesaid membership shall be paid a per diem of $10.00 per day, plus necessary expenses and mileage whenever called into meetings by the state fire marshal. The duties of the aforesaid advisory board shall be to act as a safety counsel in an advisory capacity to the state fire marshal, and advise the state fire marshal in formulating technical rules and regulations, and in all other matters for the carrying out of the provisions of this act, and that the aforesaid commission shall be called into session at such time or times as is desired necessary by the state fire marshal.

SECTION 22
All subpoenas issued and other services rendered in accordance with this act shall be by the sheriffs or other arresting officers in the several counties by order of the state fire marshal or his chief deputy, and fees for such services shall be paid by the state treasurer from the general fund on orders approved by the state fire marshal.

744

JOURNAL OF THE SENATE,

SECTION 23
All acts or parts of acts in conflict with any of the provisions of this act are hereby repealed, specifically section 52-205, Code of 1933, relating to fire escapes, 56-Ill, Code of 1933,. relating to the appointment of a state fire inspector and assistants, 56-l12 relating to the investigation of fire by state fire inspector or his assistants and the conducting of hearings thereon; 56-ll3 relating to the authority of the state fire inspector to go upon the premises where fire occurred; that part of 56-ll4 relating to the compensation of state fire inspector. 56-ll6 relating to the administration of oaths to parties and witnesses in connection with the investigation of fires.

SECTION 24
The state fire marshal may in his discretion accept the inspection services, and supervision services, of cities and towns, when the building codes and fire prevention ordinances and the enforcement thereof, are in the opinion of the state fire marshal adequate and that adequate life safety is provided thereby.

SECTION 25
Be it provided that none of the provisions of this act shall apply to one or two family dwellings or one story buildings, except school houses and places of public assembly.
SECTION 26
It is expressly provided that the kind, type, construction, use and approval of fire escapes, egress, and other fire safety precaution devices and apparatus shall be based upon the basic principles established in the American standard exit code and in other recognized national standards for the safeguarding of life and property.

SECTION 27
When any rules and regulations are promulgated by the state fire marshal, the notice of same shall be advertised in a newspaper of general circulation over the state for a period of thirty days, after which the rules and regulations based reasonably upon the authority vested in this act shall have the force and effect of law.
SECTION 28
It is further provided that should any person, firm, or corporation be dissatisfied with the ruling of the state fire marshal, that they shall have a right to appeal immediately to the Superior Court in the circuit, that should any appeal be made to the Superior Court of said circuit, the decision of said court shall be final and binding upon the said person, firm, or corporation and/or the property.

SECTION 29
This act shall be effective 60 days after the approval by the Governor. All laws and parts of laws in conflict herewith shall be, and are hereby repealed and that it is hereby provided that should any sentence, clause, paragraph, section or part of this act be held unconstitutional that the same shall not affect any other part of this act, and its constitutionality.

SATURDAY, MARCH 22, 1947

745

Senator Weaver of the 51st offered the following amendment to the substitute:
Amend the substitute to HB 122 by adding a new section to be appropriately numbered to read as follows: "The budget authority is hereby authorized and directed to allocate such funds in the state treasury as are necessary for the carrying out of the provisions of this act.
The amendment was adopted.

Senator Weaver of the 51st offered the following amendment:
Amend the substitute to HB 122 as follows:
1. By striking the words, "to be adequate to carry out the provisions of this act", in lines 10 and 11 of section 6, and by adding the word, "person" im mediately after the word, "ten", in line 10 of said bill.
2. By striking the last sentence in section 7 and inserting in lieu thereof a new sentence as follows: "Should the chief of any such fire department refuse to serve, then the state fire marshal may appoint some other person in such locality to perform the duties of a fire inspector."
3. By striking from the end of section 10 the words, "and each day shall be considered a separate offense".
4. By adding at the end of section 14 a new sentence as follows: "Where a person is arrested without warrant a warrant shall be procured as soon as possible."
5. By striking from section 15 in lines 2 and 3 the words, "the same power as justices of the peace for the purpose of summoning and compelling", and by inserting in lieu thereof the words, "the power of summoning and compelling".
6. By striking sections 18 and 19 in their entirety and renumbering subsequent sections properly.
7. By striking section 22 and rewriting and appropriately numbering a new section in lieu thereof as follows:
"All subpoenas and processes issued by the state fire marshal, or his deputies, shall be served in the same manner as in civil cases and the officer serving the same shall receive the compensation prescribed by law to be paid by the state fire marshal from funds available for the purpose."
8. By striking from section 28 following the words, "Superior Court", where the same first appears in said section, the words, "in the circuit" and inserting in lieu thereof the words "of the county where the property in question is located", and further by striking after the words "Superior Court", where the same appears the second time in said section the words "of said circuit"; and further by striking the word, "immediately", in the third line of said section and inserting in lieu thereof the words, "within ten days"; and further by adding at the end of said sections the words, "unless appeal from said Superior Court to a higher tribunal is had in manner now or hereafter provided by law."
The amendment was adopted.

746

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, as amended.
Senator Millican of the 52nd called for the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Callaway Coker Darby

Dorsey Hodges Hooks Howard Kiker Knox Mitchell Pannell Ramsey Richardson

Smiley Tarbutton Tippins Walker Weaver Wideman Williams Yates

Those voting in the negative were Senators:

Arnold Baker Branch Carswell Ferguson Griffith

Hogg Huckeba Kennon Killingsworth Mason Millican

Overstreet Parker Seay Sumner Trippe Woodall

Not voting were Senators Daniell, Gwyn, Logan, Miller, Odom, Sams and Wells.

On the passage of the bill, the ayes were 28, nays 18.

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

The following resolution was read and adopted:
HR 89. By Mr. Hicks of Floyd:
A resolution providing for the erection of a monument or marker in honor of the mothers of Georgia, whose sons and daughters lost their lives while serving in the armed forces during World War II.
The following message was received from the House through Mr. Boone, the clerk thereof:

SATURDAY, MARCH 22, 1947

747

Mr. President:
The House has disagreed to Senate substitute as amended to the following bill of the House to wit:

HB 122. By Mr. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safeguards against fire; to provide what these safeguards and protections shall be; and for other purposes.

The following resolution' of the House was read and adopted:
HR 103. By Messrs. Conger of Tift and Hinson of Ware:
A resolution requesting the board of regents of the University System of Georgia to conduct public hearings in regard to the location of a veterinary college in the southern part of Georgia.

The following bill of the House was taken up for the purpose of considering a report of the committee on conference:
HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalb and Kemper of Bibb:
A bill to amend the motor fuel tax law by adding a new paragraph to said section 92-1407 so as to grant allowance of two per cent on all taies imposed by state; and for other purposes.

The report of the committee on conference was as follows:

Your Committee of Conference on HB 229 begs leave to submit the following report:

1. Your committee recommends that the Senate substitute to HB 229 be amended as follows:

By adding to section 1 (d) of said substitute, the following language, to wit:

"Nor shall any refund under this subsection be allowed to any person, firm or corporation except licensed retail dealers engaged in the business of selling motor fuel and/or kerosene to the general public."

2. Your committee further recommends that HB 229 do pass by the Senate substitute

as amended.

'

Respectfully submitted,

Millican of 52nd District,
Hogg of 24th District, Parker of the 54th District,
On the part of the Senate.

Elliott of Muscogee,
Hubert of DeKalb, Kemper of Bibb,
On the part of the Home.

748

JOURNAL OF THE SENATE,

Senator Millican of the 52nd moved that the Senate adopt the report of the committee on conference.

On the motion to adopt the report of the committee on conference, the ayes were 33, nays 0, and the report was adopted.

HB 437. By Messrs. Howard and MeWhorter of DeKalh, Durden of Dougherty and Elliott of Muscogee:
A hill to amend section 681003 of the Georgia Code of 1933, as amended, by striking from said section the words, "on occasional trips and over irregular routes"; 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 29, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 431. By Mr. Kenimer of Harris:
A hill to require county hoards of education, county authorities, boards of education of independent systems, and other employer of school teachers, as defined by the teachers' retirement act, to deduct and collect from each teacher's salary the amount provided in section 8 of the teachers' retirement act, and make monthly remittance to the hoard of trustees created by said teachers' retirement act; to require that employers of teachers a.s defined by said act shall make contributions; 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 31, nays 0.
The hill, having received the requisite constitutional majority, was passed.
HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to amend an act by granting additional powers to the chief drug inspector; and for other purposes.

The Committee on Public Health oflered the following amendment: Amend HB 184 by leaving out the word or words "osteopaths" throughout its entirety.
The amendment was adopted.

SATURDAY, MARCH 22, 1947

749

Senator Coker of the 39th offered the following amendment:
Amend HB 184 by adding thereto another section to be appropriately numbered as follows:
Section ---- Nothing in this act shall require mixers of, manufacturers of, dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide, normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this act.

The amendment was adopted.

Senators Sumner and Trippe offered the following amendment:
Amend HB 184 by adding after the word "substances" in section 3, page 6, line 13, the following words, "in quantities dangerous when taken according to directions".
The amemjment was adopted.

Senator Coker of the 39th offered the following amendment to HB 184:
Amend HB 184, section I by adding at the end thereof the following words, "Provided that in no event shall the board of pharmacy employ more than two assistant drug inspectors."
The amendment was adopted.
Senator Baker of the 42nd moved that HB 184 be postponed.
Senator Blitch of the 5th called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adame Arnold Baker Burks

Hodges Killingsworth Ramsey Richardson

Those voting in the negative were Senators:

Blitch Boone Brown Butler Carswell Coker Darby Dorsey Griffith

Hooks Howard Huckeba Kennon Kiker Mason Millican Mitchell Overstreet

Sumner Tippins Trippe Woodall
Pannell Smiley Tarbutton Weaver Wells Wideman Williams Yates

750

JOURNAL OF THE SENATE,

Not voting were Senators Branch, Bush, Callaway, Daniell, Ferguson, Gwyn, Hogg, Knox, Logan, Miller, Odom, Parker, Seay and Walker.

On the motion to postpone, the a,"es were 12, nays 26, and the motion was lost.

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

On the passage of the bill, the ayes were 28, nays 1.

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

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa anlf Oden of Pierce:
A bill to amend an act by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicint:s, drugs, or poisons; and for other purposes.
Senator Coker of the 39th offered Jhe following amendment:
Amend HB 185 by adding thereto another section to be appropriately numbered as follows:
Section ---- Nothing in this act shall require mixers of, manufactures of, dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide normally used for agricultural purposes or not intended for human consumption, to conform to the provision of this act.
The amendment was adopted.

Senators Sumner of the 10, Coker of the 39th and Griffith of the 28th offered the following amendment:
Amend HB 185 by striking out the words "osteopaths" throughout its entirety.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 29, nays 0. The bill having received the requisite constitutional majority, was passed, as amended.
Senator Coker of the 39th asked unanimous consent that HB 185 be immediately transmitted to the House, and the consent was granted.

SATURDAY, MARCH 22, 1947

751

The following resolutions of the House were read and adopted:

HR 74. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens: A resolution providing for a committee on the revision of the tax laws of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to;
On the adoption of the resolution, the ayes were 30, n11ys 0.
The resolution, having received the requisite constitutional majority, was adopted.
The president pro tempore appointed on the part of the Senate:
Senators Callaway of the 35th and Millican of the 52nd.

HR 82. By Messrs. Evitt of Catoosa, Ray of Warren and Elliott of Muscogee:
A resolution authorizing the Governor and chairman of the Public Service Com mission to execute on behalf of the state contracts, etc., with the federal government which may be required in connection with the relocation of the track and right-of-way of the Western & Atlantic Railroad in Bartow 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 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by substitute the following bill of the Senate to wit:
SB 115. By Senator Millican of the 52nd: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, as to amend the act; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed as amended by the requisite constitutional majority the following
bill of the Senate to wit:

752

JOURNAL OF THE SENATE,

SB6.

By Senator Sams of the 26th:
A bill to be entitled an act to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act; by extending the provisions of said act to veterans who engage in any profession, or semiprofession, to repeal conflicting laws; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 6.

By Senator Sams of the 26th:
A bill to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act, by extending the provisions of said act to veterans who engage in any profession, or semi-profession; to repeal confiicting laws; and for other purposes.

The House amendment was as follows:
By Messrs. Hinson of Ware and Twitty of Mitchell: Amend SB 6 by striking section II in its entirety.
Senator Millican of the 52nd moved that the Senate agree to the House amendment. On the motion to agree, the ayes were 34, nays 1, and the amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 115. By Senator Millican of the 52nd: A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and several acts amendatory thereto so as to amend the act; and for other purposes.

The House substitute was as follows:
Messrs. Kendrick, Etheridge and Smith of Fulton move to amend SB 115 by striking said bill in its entirety and substituting the following in lieu thereof:
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, so as to amend the act, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, be and the same are hereby amended as follows:

SATURDAY, MARCH 22, 1947

753

SECTION 1

The amendatory act approved March 20, 1939, and published in the acts of 1939, on p~ges 841 to 858 inclusive, and on pages 53 and 62 inclusive, under article 4, section 6-401 to section 6-421 inclusive, of the Code of the City of Atlanta of 1942, is amended by striking paragraph 4 of section 6-403 of said act, entitled "Appointment, removal, compensation and duties of the personnel director", and inserting in lieu thereof a new paragraph to be known as paragraph (4) in section 6-403, which shall read as follows:

"(4) The base salary of the director shall he fixed by the mayor and general council, but not less than $6,000.00 per annum, and shall be payable in monthly or bi-monthly installments as may be fixed by the mayor and general council."

SECTION 2
That the provisions of the charter, as codified in section 6-205, Code, City of Atlanta, 1942, relating to the chief of construction, creating the position, fixing his qualifications, salary, power, authority, and providing for assistants, he and the same is hereby amended so as to add the following at the end thereof:
"The mayor and general council shall fix the annual salary of the chief of construction at $7,000.00 per annum, payable in monthly or semi-monthly installments."
SECTION 3
That the proviSions of said charter contained in section 9-107, Code, City of Atlanta, 1942, providing for civil service in the police department, be amended by adding at the end thereof the following sentence:
"Promotions in said department shall be made by the chief of police, according to efficient service and lengtli of time employed in the department, subject to demotion for cause by the mayor and general council or the committee exercising its authority as aforesaid."
so that said section, when amended, shall read as follows:
"9-107. CIVIL SERVICE.-The mayor and general council are given full, complete and unqualified authority to establish, and shall establish, for the department of police, civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, all of which is to he judged of by said mayor and general council or the committee exercising its authority as aforesaid. Promotions in said department shall be made by the chief of police, according to efficient service and length of time employed in the department, subject to demotion for cause by the mayor and general council or the committee exercising its authority as aforesaid."

SECTION 4
That the annual salaries of councilmen and aldermen shall he $1800.00 per annum, payable in monthly installments of $150.00 each.

754

JOURNAL OF THE SENATE,

SECTION 5
That section 10-109 of the 1945 cumulative supplement of the Code, City of Atlanta, 1942, as amended, relating to the position of deputy recorder and fixing his compensation, be and the same is hereby 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. The mayor shall be authorized to designate some competent person to act as recorder in either or both divisions when such designation is necessary for the operation of both divisions of the recorders' coun. The deputy recorder shall be appointed by the mayor and shall serve for a term of 4 years. The first term shall begin March 1, 1946. His com pensation shall be $350.00 per month, which may be increased or decreased by the mayor and general council. He shall be a licensed attorney at law admitted to practice in the superior couns of this state."

SECTION 6
That the salary of the building inspector shall be $5,000.00 per annum, payable in monthly or semi-monthly installments.

SECTION 7
That the mayor and general council shall have the power and authority to provide for uniform percentage increases or decreases of all salaries fixed by the chaner as amended, except members of the general council. It is declared to be the purpose of this amendment to provide that all salaries fixed by the chaner, e:~tcept members of the general council, shall be considered base salaries.
" SECTION 8
All provisions in this act relating to compensations shall be effective on the first day of the month following the approval of this act. All other provisions shall be effective upon approval of this act.

SECTION 9
That the terms and provisions of the chaner, as amended, as codified in section 17-103, Code, City of Atlanta, 1942, forbidding the sale of park propeny, he amended by adding thereto the following provision:
"The mayor and general council shall have power and authority to convey to the Greenwood Cemetery Company a part of the land, known and used as the John A. White Park in exchange for land now belonging to said company for the purpose of straightening the lines between the John A. White Park and the Cemetery, the exchange to be made on such equitable basis as may be agreed upon between the parties."

!,

SATURDAY, MARCH 22, 1947

755

SECTION 10
That said charter, as amended, be further amended by adding the following provision:

"The mayor and general council shall have power and authority to create in the department of police a license bureau and shall have power to delegate to the officers of such bureau the power to grant, refuse or revoke permits for the sale of liquor, wine, beer and the operation of other businesses coming under the police powers, subject to review by the mayor and general council. Said bureau shall not have the final power to grant, refuse, or revoke any license or permit."

SECTION 11
That the said charter, as amended, by the act approved March 11, 1943 (Georgia Laws, 1943, pages 1184, 1187) be amended by striking from said charter the following provisions:
"No person other than the city attorney or an assistant city attorney shall be employed or authorized to represent the City of Atlanta as an attorney at law, except upon the recommendation of the city attorney, concurred in by the mayor and general council. This provision shall not apply to attorneys at law employed to approve the validity of any bond issue or other certificate or evidence of indebtedness.
"In the event of a conflict between city officials or departments, resulting in litigation, the city attorney shall determine which official or department that the department of law shall represent. The opposing department or official shall be required to employ counsel at its or his own expense."

SECTION 12 The annual salaries of members of the board of education shall be $1200.00 payable in monthly installments of $100.00 per month in the manner now provided by the charter.
SECTION 13 That all laws and parts of laws in conflict herewith are her~by repealed. Senator Millican of the 52nd moved that the Senate agree to the House substitute. On the motion to agree, the ayes were 32, nays 0, and the substitute was agreed to.

The following bill of the House was read the third time and put upon its passage:
HB 505. By Mr. Cheek of Franklin: A bill to amend an act to revise and amend laws in respect to divorces, etc.; and for other purposes.

756

JOURNAL OF THE SENATE.

The Special Judiciary Committee offered the following amendment:
Amend HB 505 by adding after the word "rendered" and before the word "authorized" in line 19 of the caption thereof the words "in uncontested cases" and by changing the comma which follows the word "judgment" in line 22 of the caption to a period and by adding the following words: "If a verdict or judgment is rendered in any contested case authorizing the grant of a total divorce, or for a total divorce and permanent alimony, the verdict or judgment shall not become final for a period of thirty days. At the expiration of said period of thirty days the said verdict or judgment 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 such verdict or judgment. If such a petition is filed it shall be decided by the judge unless a jury trial is demanded."

And by inserting after the word "rendered" and before the word "authorized" in line 19 of section 1 the words "in uncontested cases" and by changing the comma which follows the word "judgment" in line 22 to a period and by adding the following words: "If a verdict or judgment is rendered in any contested case authorizing the grant of a total divorce, or for a total divorce and permanent alimony, the verdict or judgment shall not become final for a period of thirty days. At the expiration of said period of thirty days the said verdict or judgment 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 such verdict or judgment. If such a petition is filed it shall be decided by the judge unless a jury trial is demanded." And by adding after the word "rendered" and before the word "authorized" in line 30 of section 1 the words "in uncontested cases" and by changing the comma which follows the word "judgment" in line 33 of section 1 the following words:

"If a verdict or judgment is rendered in any contested case authorizing the grant of a total divorce, or for a total divorce and permanent alimony, the verdict or judgment shall not become final for a period of thirty days. At the expiration of said period of thirty days the said verdict or judgment 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 such verdict or judgment. If such a petition is filed it shall be decided by the judge unless a jury trial is demanded."

The amendment wa~ adopted.

Senator Hooks of the 16th moved that HB 505 be tabled.

On the motion to table, the ayes were 14, nays 22, and the motion was lost.

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

On the passage of the bill, the ayes were 24, nays 12.

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

SATURDAY, MARCH 22, 1947

757

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

Mr. President:
.

.

The House has passed by the requisite constitutional majority the following bills of the

Senate to wit:

SB 5.

By Senators Woodall of the 25th, Wideman of the 46th:
A bill to amend an act approved March 20,. 1943, entitled an act to equalize educational opportunities throughout the State of Georgia in certain phases of vocational education; and for other purposes~

SB 19. By Senator Millican of the 52nd:
A bill to repeal present law on notary public for the state at large, title 71 of Code of 1933, and in lieu thereof provide "notaries public", appointment of same by judges of superior courts, qualifications, oath of office, fees, term of office; and for other purposes.

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A bill to amend the act to establish a state board of education, prescribe the qualifications of the members of the board, fix their terms of office and define their duties; and for other purposes.

SB 33. By Senator Woodall of the 25th:
A bill to amend section 32-1006 of the Code of 1933 relating to the classification and compensation of county school superintendents, and to provide how said section when so amended shall read; and for other purposes.

SB 72. By Senator Millican of the 52nd:
A bill to provide for the investment of the proceeds of the sale of bonds by counties, municipalities, school districts and other governmental agencies when such proceeds cannot be immediately used; and for other purposes.

SB 73. By Senator Millican of the 52nd: A bill to provide means whereby restoration to sanity and capacity may be estab lished by judgment of the court of ordinary; and for other purposes.
SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to amend an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; and for other purposes.

758

JOURNAL OF THE SENATE,

SB 97. By Senator Huckeba of the 37th:
A bill relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans' organizations and their auxiliaries; and for other purposes.

SB 101. By Senator Tarbutton of the 20th:
A bill to define and broaden the use of right of ways granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; and for other purposes.

SB 102. By Senator Callaway of the 35th:
A bill to amend an act to carry into effect paragraph IV of section I of article VII of the Constitution, in reference to the exemption from taxation of certain property therein described; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has disagreed to Senate substitute to the following bill of the House to wit:
HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 29, 1874, and the several acts amendatory thereof, and for the particular purposes of changing by law the basic work week for city firemen employed by the City of Atlanta, and to determine other fire fighting duties; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. Presidqnt:
The House has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 53. By Senators Sumner of the lOth, Coker of the 39th, and Griffith of the 29th:
A bill to amend section 88105 of the Code of Georgia, the same relating to the election, qualifications, term of office, compensation, bond, etc., of the director of public health, by striking and repealing the section in its entirety and substituting in lieu thereof a new section 88-105 relating to the election, qualifications, term ef office, compensation, bond, etc., of the director of public health; and for other purposes.

SATURDAY,MARCH~,l~7

759

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

Mr. President:
By direction of the House I am herewith returning to the Senate the following bill of the House to wit:

HB 10. By Mesars. Wilson, Kemper and Vandiver of Bibb:
A bill to provide a permanent pension and retirement plan for county employees and/or officers, elective and/or appointed, of Bibb County, Georgia; and for other purposes.

Senator Millican of the 52nd moved .that the Senate insist on its posttlon on the following bill of the House and that a committee of conference be appointed:
HB 409. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to amend an act establishing a new charter for the city of Atlanta; to change by law the basic work week for city firemen employed by the City of Atlanta; and for other purposes.
The president pro tempore appointed on the part of the Senate:
Senators Millican of the 52nd, Ferguson of the 13th and Yates of the 44th.

. The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted the following resolution of the House to wit:
HR 130. By Mr. Elliott of Muscogee: Resolved by the House, the Senate concurring, that a committee of five, three to be named by the Speaker of the House, and two by the President of the Senate, to noti~ His Excellency the Governor, that the General Assembly has completed its deliberations and stands ready to adjourn sine die.

The following resolution was read and adopted:
HR 130. By Mr. Elliott of Muscogee: A resolution resolved by the House, the Senate concurring, that a committee of five, three to be named by the Speaker of the House, and two to be named by the President of the Senate to notify His Excellency, the Governor, that the General Assembly has completed its deliberations and stands ready. to adjourn sine die.
The president pro tempore appointed on part of the Senate: Senators Sumner of the lOth and Oversteet of the 18th.

760

JOURNAL OF THE SENATE,

Senator Mnlican of the 52nd moved that the Senate recede from its position and accept the original on the following bill of the House:

HB 122. By Mr. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safeguards against fire; and for other purposes.
On the motion to recede and accept the original bill, the ayes were 28, nays 5, and the motion prevailed.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has adopted the following resolution of the House to wit:
HR 131. By Mr. Elliott of Muscogee: Resolved by the House, the Senate concurring,- that the 1947 session of the General Assembly stands adjourned sine die.
At this time the Senate suspended the regular order of business, with Senator Bush of the 8th in the chair.
Senator Millican of the 52nd, acting on behalf of the Senate, presented the president pro tempore, Senator Dean, a silver tray and goblets for his services as president pro tempore.
Senator Bush of the 8th, acting on behalf of the Senate, presented the secretary, Mrs. Henry W. Nevin, a bond for her services as secretary.
Senator Carswell of the 17th, acting on behalf of the Senate, presented Senator Millican a watch for his services as floor leader.
Senator Bush of the 8th, acting on behalf of the Senate, presented the doorkeeper, Perry Griffin, a pen and pencil set for his services.
Senator Bush of the 8th, acting on behalf of the Senate, presented the messenger, H. B. Smith, a pen and pencil set for his services.
At this time, the Senate resumed the regular order of business.
Mr. Wideman of the 46th District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

SATURDAY, MARCH 22, 1947

761

Mr. President:
Your Committee on Engrossing and Enrolling has read and examined the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the Acting Governor, Honorable M. E. Thompson:

SB 32. SB 64. SB 65. SB 130. SB 52. SB 83. SB 38. SB 123. SB 77. SB Ill. SB 94. SB 6. SB 78. SB 69. SB 21. SB 80. SB 23. SB 98. SB 106. SB 74. SB 31. SB 38. SB 91. SB 50. SB 49. SB 39. SB 99.


762
SB 3. SB 82. SB 70. SB 47. SB 35. SB 1. SB 71. SB 81. SB 120. SB 41. SB 93. SB 68. SB 34. SB 118. SB 46. SB 104. SB 4. SB 36. SB 37. SB 92. SB 15. SB 28. SB 105. SB 79. SB 119. SB 103. SB 100. SB 76. SB 127. SB 53.


JOURNAL OF THE SENATE.

SB 2:1. SB 110. SB 12. SB 87. SB 16. SB 126. SB 30. SB 43. SB 116. SB 96. SB 102. SB 97. SB 73. SB 109. SB 33. SB 101. SB 107. SB 89. SB 5. SB 125. SB 90. SB 113. SB 129. SB 19. SB 72. SB 112. SB 20. SB 115.

SATURDAY,MARCH~.1~7

763

Respectfully submitted,
Wideman of 46th District, Chairman

764

JOURNAL OF THE SENATE,

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

Mr. President: The House has agreed to the Senate substitutes to the following bills of the House to wit:

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act creating a new charter for the City of East Point; and for other purposes.

HB 530. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act creating a new charter for the City of East Point; and for other purposes.

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.

HB 470. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act to establish a new charter for the City of Atlanta; to extend city limits; and for other purposes.

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to extend the city limits; and for other purposes.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has agreed to the substitute as amended to the following bill of the House
to wit:
HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to amend an act to incorporate the City of Hapeville; to extend the city limits; and for other purposes.

SATURDAY, MARCH 22, 1947

765

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

Mr. President:
The House has agreed to amendments to the following hills and resolutions of the House to wit:

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, Ray of Warren, Avera of Crawford and Covington of Floyd:
A hill relating to the regulations of rates for casualty insurance including fidelity, surety and guaranty bonds and for all other forms of motor vehicle insurance; and for other purposes.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, Smith of Emanuel, Ray of Warren, Avera of Crawford and Covington of Floyd:
A hill to regulate the making and applying of rates for fire, marine and inland marine insurance which shall not he excessive, inadequate or unfairly discriminatory; and for other purposes.

HB 525. By Messrs. Hubert, Howard and McWhorter of DeKalh:
A hill to creaie a system of pensions and retirement pay for officers and employees of DeKalh County; and for other purposes.

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:
A hill creating the Georgia coastal scenic highway authority; and for other purposes.

HB 80. By Messrs. Smith and Reid of Carroll:
A hill to amend section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section and increasing the fees of the constables of the militia districts; and for other purposes.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A hill to create in every county in this state having a population of 300,000 or more inhabitants an airport authority for said county, the members of which are to he appointed by the hoard of commissioners of roads and revenues of such county; and for other purposes.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to amend an act to amend an act incorporating the City of Manchester; and for other purposes.

766

JOURNAL OF THE SENATE,

HB 18. By Mr. Hicks of Floyd:
A bill to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this state; and for other purposes.

HB 238. By Messrs. Ansley of Lee, McCracken of J efierson and Durden of Dougherty:
A bill to amend an act approved March 28, 1935, entitled an act to regulate parking motor vehicles and other vehicles on state-aid roads, etc., so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes.

HB 265. By Mr. Walker of Ben Hill:
A bill to amend an act relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes.

HB 162. By Messrs. Hagan of Screven, Pennington of Wilkinson, Lewis of Hancock, Harrison of Jenkins, Battle of Schley, Johnston of Lowndes, Holbrook of Forsyth and others:
A bill to authorize and empower the state board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.

HB 214. By Mr. Garland of Butts:
A bill to provide for home rule for counties electing to come under this act; and for other purposes.

HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to amend an act by granting additional powers to the chief drug inspector; and for other purposes.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to amend an act by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs or poisons; and for other purposes.

HR 62. By Mr. Roland of Johnson:
A resolution to authorize and direct the state librarian to furnish certain volumes, without cost, to clerk of the Superior Court of Johnson County; and for other purposes.

SATURDAY, MARCH 22, 1947

767

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb:

A resolution providing for retirement or pension funds for officers and employees of Bibb County; and for other purposes.

The following resolution was read and adopted:
HR 131. By Mr. Elliott of Muscogee: A resolution resolved by the House, the Senate concurring, that the 1947 session of the General Assembly stand adjourned sine die.

The president pro tempore announced the Senate adjourned sine die at 6 P. M.



768

INDEX

Senate Journal Index
(FOR NUMERICAL INDEX, SEE PAGE 781)

A

Abbeville, change time of electing Mayor and Council, 'HB 179........................................223, 2'26, 252, 265

Abbeville, create new charter, HB 178....................................................................................223, 226, 252, 265

Abbott, Hon. Wright, privileges of floor................................................................................................................79

A'Cappella choir invited to sing for General Assembly, HR 69......................................................277, 278

Acworth, amend charter, HB 187..............................................................................................22'5, 228, 253, 265

Adairsville city limits, HB 405....................................................................................................468, 464, 519, 557

Address from Governor Thompson

......................... .........................

....................................656-658

Adel, amend charter, SB 27...........................................................................................................84, 95, 106, 276

Administration of estates and probate of wills of missing persons provided, HB 76..187, 189, 442, 475

Ailey, to provide pavement of streetS and manner of payment, HB 482........................480, 487, 520, 559

Albany, amend act establishing new charter, HB 97.. .........................................................288, 293, 327, 351

Alcoholic Beverage Control Act, amended to forbid advertising, SB 86..............................265, 349, 369

Alpharetta, fix tax rate and salary of Mayor, HB 267......................................................290, 2'97, 329, 353

Amend code section 13-2023, relating to purchase of obligations of

Federal Government, SB 36............................................................................101, 123, 234-236, 390, 395

Amend code, section 38-1801, further right of impeachment, HB 54................178, 188, 283, 332, 356

Amend code, section 56-905, relating to annuity contracts, HB 242.............................461, 463, 522', 691

Amend code, section 61-305, SB 3............................ ................... ........................ ..............60, 86, 96, 481

Amend code, section 67-103 relating to mortgages, SB 41...............

..........102, 124, 237, 395

Amend code, section 85-1803 relating to choses, SB 42 ..............................................................................102

Amend code, section 113-1019, relating to appointment of appraisers, HB 174................460, 462, 692

AMENDMENTS TO THE CONSTITUTION

Atlanta, authorized to issue revenue certificates for

repairs in sanitary department, SB 70..................................................203, 319, 333-335, 534

Bibb county, create a joint city-county Board of Health, HB 388...........535, 541, 577, 646-648

Bibb county, repeal amendment to Article 7, Section 4, paragraph 15

of 1945 constitution, HR 70................................................................538, 544, 577, 626-627, 767

Bibb county, to set up a zoning and planning board for

city and county, HB 389.....................................................................................535, 577, 649-65fi

Clinch county, divided for school districts, HR 104....................................................................539, 545

DeKalb county, board of education to levy tax for school purposes, HR 98..539, 545, 579, 640-642

DeKalb county, election of county board of education members, HR 34... 537, 544, 578, 644-646

DeKalb county, given right to repair streets with 15%

of voters' consent, HR 35.... .........................

................................537, 544, 578, 620-622

DeKalb county, revenue anticipation obligation may be

issued fpr stadium or grandstands, HR 67..,.........................................638, 544, 578, 623-625

Fulton county, employees, extend coverage of pension system, SR 13..103, 271, 320, 330-332, 537

Fulton county, extension of civil service system, HR 97..............................538, 545, 578, 638-640

Fulton county, to collect business licenses, HR 96........................................538, 545, 578, 636-638

Fulton county, to levy a tax on part or all real properties, HR 61............537, 544, 578, 622-623

General Assembly given power of taxation, SR 9..................................................:...........................62

Hospitals operating for non-profit exempt from taxation, SB 102............324, 418, 448-449, 758

Muscogee county, consolidation of department of health, HR 105............539, 545, 576, 642-644

Muscogee county, school systems merged, HR 92...........................................538, 545, 576, 632-636

Polk county, board of education composed of 9 members, HR 90..............538, 645, 578, 630-632

Revising of registration list where registrant has not voted in two years, SB 44....................102

Rights of all person.!' protected in lawful employment, SR 10..............................70, 148, 269-271

Soldiers bonus, granted certain parties, HB 2'7........................- ...........................................342, 344

Spalding county, divided into school districts, HR 83....................................538, 544, 578, 627-629

Wrightsville, to provide referendum for refunding and

retiring present bonded indebtedness, HB 443......................................535, 541, 577 650-652

Andrews, Mrs. Lillian and others, paid damages, HR 28..................................................277, 376: 435-437

Appling county, increase coroners fees, HB 123.............................................................137, 141, 207 229-230

Appling county, providing for all elections of chairmen and

'

clerk of commissioners, SB 52.. .........................

...............................................126, 142', 150, 205

APPOINTMENTS OF GOVERNOR TALMADGE CONFIRMED

Chaatain, Robert .......................................................................... .......................

..81

Cooper, Ben ........................................ ....... .......................................................... .. .................................81

Dawson, Dixon 0. .. ............................................................................................................................

81

Dunn, J. C.................c..... ..........................................................................................................

.. . . . . . . . . 81

Ellis, W. C......................................................................................................................................................81

Garrett, Sims, Jr. ...........................................................................................................................................82

g::~~tl.;, Bi..:::::::::::::......................::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~

INDEX

769

Griffin, Marvin S............................................................................................................---------46
Hudson, D. S. ------------81 McCalla, Henry ------81 McLanahan, J. J. ----------82 Mobley, Carlton ------82 Murrell, Kenneth R. .....:.......--------82 Odom, Benton ---------81 Page, James J ............................................................................................................._ .................................81
Parker, J. E. --------81 Peterson, Carter C. ----------82 Quillian, John --------------82 Redwine, Charles D. -----------46 Walker, John B...............................................................................................................................................81

APPOINTMENTS OF GOVERNOR THOMPSON CONFIRMED
Alden, Charles H...........................................................................................................................................731
~:::,;,2~ ~eo~~~:w::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::=~~~
Beasley, J. C...................................................................................................................................................686 Candler, W. Max ............................................................................................................................~..............731 Cole, Frank B.................................................................................................................................................731 Davidson, Victor ............................................................................................................................................687 Dobbs, C. Marion .........................................................................................................................................687 Dunll, Gerew ..................................................................................................................................................686
Dyer, David ----687 Ellis, Rutherford L. ......................................................................................................................................686 Fowler, Alpha A., Jr.................................................................................................................................731 Frier, Ryan ......................................................................................................................................................731 Gordon, Mose ----~-----687 Goddard, John ----687 Groves, L. C. .................................................................................................................................................687 Harrold, C. C. ................................................................................................................................................731 Harvey, W. Pete ..........................................................................................................................................731 Houston, L. Leon ..........................................................................................................................................686 Irwin, R. Beverly ............................................................,.............................................................................687
Jackson, 0. G. --------731 Kennedy, Mrs. Harvey ..................................................................................................................................731 Landrum, Phil M. ..........................................................................................................................................6.86 Laricy, Willard ..............................................................................................................................................686 Lott, Dean S .........................:.........................................................................................................................731
McGraw, R. A. ------687 Morgan, Charhe, Sr.....................................................................................................................................731 Mercer, Mrs. Palmer ....................................................................................................................................731 Milam, Jud ......................................................................................................................................................686 Nichols, H. E. ...............................................................................................................................................686 Peyton, Garland ..................... ..............................................................................................................731 Phillips, Glenn S. ........................................................................................................................................730
Pilcher, J. L. --------------686 Robinson, J. Roy ..........................................................................................................................................687
Shaw, Claude, Jr. --------687 Smith, Furman D., Sr...............................................................................................................................687 Tift, M. W. ..........................................................................................................................................687
Turner, W. R. -------731 Twiggs, Rev. L. M .......................................................................................................................................732
Vaughn, C. R. ----'------------686 Wingate, H. L. ..............................................................................................................................................686 Young, A. E ...................................................................................................................................................687 Appraisers appointed from county where administration of estate of deceased is pending, HB 182..........................................................................461, 462, 553, 692 Appreciation expressed by members to Hon. Spence Grayson....................................................................299 Appropriations, for operating state, HB 21....................................................113, 114, 420, 497-602, 526-531 Architecture, to regulate the practice of, SB 54..........................................................................126, 247, 379 Assessments and issuance of bonds for street improvement payable annually in equal installments, HB 265..............................................................479, 485, 554, 688, 766 Athens, amend charter, HB 88........................................................................................162, 166, 192, 210, 447 Athens, amend charter of mayor and council, HB 95..........................................................162, 166, 193, 211 Athens, city attorney elected by mayor and council, HB 145............................................163, 168, 194, 2'43 Athens, change name to city of Athens, SB 45..............................................................................114, 166, 172 Athens, change time for electing city officials, HB 181........................................................223, 226, 262, 266 Athens, election of civil service commission, HB 144..........................................................163, 168, 193, 213 Athens, time fixed for salary increases for officers and employees, HB 407............479, 486, 519, 567 Atkinson, David S., presented to Senate.......................................-....................................................................407 Atlanta, adjust salaries of judges and solicitor, SB 46......................................................121, 171, 180, 323 Atlanta, amend charter, to enlarge corporal limits, HB 534........................600, 607, 674, 703-705, 764 Atlanta, extend limits and police powers, SB 123................................................................439, 468, 496 602' Atlanta Judicial Circuit, fix salary of solicitor general, SB 23........................................79, 105, 117; 413 Atlanta, power given mayor and council to improve streets, SB 93................................313, 349, 368, 460
Atlanta, Provisional Mayor Pro Tern, provided for, SB 81................................................220, 248, 262, 359 Atlanta, repeal charter provisions effecting tax levies, HB 325........................................369, 363, 443, 471
Atlanta, revoke term of office for chief of sanitary department, HB 324......................359, 868, 443, 678 Atlanta, suburban areas annexed by a referendum to the people, HB 469..................480, 486, 620, 668

770

INDEX

Atlanta, to fix base salary for personnel director, SB 115------------.414, 467, 495, 751, 752-755 Atlanta, to extend police powers to new areas included in corporate

limits, HB 470..... ---------------------------------------480, 487, 520, 558, 567, 701-702', 764 Atlanta, to provide for jurors and their pay, HB 310........................................................461, 463, 489, 525

Attorney fees provided for bearings in all divorce suits for failing to

pay alimony, HB 17

------------------------------:.............---------136, 139, 249, 272

Auburn, to create a new charter, HB 502.............................

....599, 606, 608, 675, 723

Augusta, new charter for city of, HB 51..........

----------

......114, 117, 156, 162, 211

B

Baker county, increase bond of sheriff, HB 221..-----------------------311, 315, 443, 469

Baldwin county, providing for election of a chairman of

Board of Commissioners, HB 5------------------------89, 91, 207, 2'29

Barnesville, changes corporate limits, SB 118....---------------------------------415, 467, 495, 602 Barnesville, tax levy increased by 10 mills, SB 104..................................................344, 375, 407-408, 509

Barrow county, abolish office of county treasurer, HB 14................................................112, 116, 172, 181

Barrow county, clerk of Board of Commissioners paid $150.00

per month, HB 161.... -----------------

------------------------241, 243, 320, 330

Bartow county, increase fees of coroner and sheriff, HB 188................... ----------241, 243, 443, 469

!?n1ii;F~;bE~~~E7f:::ty~:~g~~ed3\!::i~:i;~~i:::::::::::::::::::::::::~:::::::::::::::::::::::::::~~~--~~~~--~~o.:::i!i

Berrien county, increase commissioners from 3 to 9, HB 492............................................506, 515, 556, 584

Berrien county, to sell "county form", HB 491.......------------------560, 514, 555, 584 Bibb county, confirm sale of land to Dickey Clay Mfg. Company, SB 1........................60, 86, 95, 313

Bibb county, establish board of commissioners, HB 339.------------------------------341, 345, 555, 580 Bibb county, no person elected Ordinary under 30 years of age, SB 2'.................... ____________________ 60, 94, 106

Bibb county, pension and retirement plan for employees, HB 10....................89, 91, 488, 616, 698, 759

Bibb county, stenographer employed to transcribe evidence at

coroner's inquest, HB 215..

------. ---------- ------------ --------241, 243, 329, 352

Blackshear, to revise the charter, HB 451....

------------------------------505, 514, 553, 582

Bleckley county, increase salary of elective officers, HB 421............................................505, 513, 552, 581

Board of examiners of Nurses, to create, SB 29..............------------------------------------------------------90, 105, 117 Board of directors of banks given power of filling vacancies, SB 38....................101, 123, 236-237, 395

Board of directors of banks to appoint 3 members on executive committee, SB 39....102', 123, 237, 395

Board of Directors of insurance companies, to increase memberships, HB 213..........457, 463, 522, 691

Board of Regents requested to conduct public bearings on locatioll

' of Veterinary college, HR 103................................................................................

___ .460, 747

Board of Regents requested to report number of students in each institution,

also tuition paid, SR 19--------------------------------------------------------- --------------------- _________ ....204

Bowers, D. Talmadge, extended privilege of the floor. ---------------- ---------------------------

----- ____________ 363

Brantley county, provide for 4 terms a year of superior court, HB 34..........................310, 314, 364, 376

Bremen, mayor authorized to make assessments for sanitary purposes, HB 356...... 341, 346, 376, 409

Bremen, increase tax, HB 246.............................................---------------------------------------------------341, 345, 375, 40S Bremen, mayor to levy new taxes for school purposes, HB 357 ................______________________ 342, 346, 376, 409

Brief of evidence not necessary for motions of new trial, HB 19..................................136, 139, 249, 283

Brief of evidence not required filed with motion for new trial, SB 55..............................................138, 238

Brooks county, officers disabled in line of duty paid salary, HB 92....................137, 140, 202', 257, 279

Brunswick, city manager need not be a resident, HB 22....................................89, 92, 375, 409-410, 508

Brunswick, increase salaries of judge and solicitor, HB 504..........................................507, 515, 554, 585

Brunswick, to extend city limits, HB 474......................--------------------------------------------..........480, 487, 555, 582 Building Safety Council, to establish, HB 122____________ ............................601, 608, 673, 676, 739-746, 747, 760

Bulloch and Bryan counties, state to survey and establish true line, HR 77 ........392, 398, 477, 526, 620

Bullock county, abolish tax receiver and collectors officer, HB 2'5.............

.......90, 92, 250, 264

Bullock county, amend act creating board of commissioners, HB 24............................89, 92, 249, 264

c

Calhoun county, commissioners required to publish quarterly statements

of expenditures, HB 513....

-- ---------------------------------------------------507, 516, 554, 586

Calhoun county, to create office of Tax Commissioner, HB 514....................................507, 516, 554, 586

Camden county, members of board of education to be selected

from any militia district, SB 89....-------------------------------------------------------292, 403, 421, 732 Camilla, city manager form of government provided for, HB 9........................................120, 122, 148, 156

Carroll county, create board of one commissioner, HB 131..............................................163, 167, 179, 195

Carrollton high school, government class recognized in gallery....................................................................533

Carrollton, to extend city limits, HB 495..................------------------------------------------------------- .......506, 515, 554, 584 Carnesville, selling of bond authorized for improving city, HB 380................................342, 346, 406, 42'6

Cedartown, annexation of additional territory, SB 119......................................................415, 468, 495, 602

Cedartown, city court given jurisdiction over children 16 years of age, HB 433........459, 465, 490, 523

Cedartown, extend limits and eliminate division of city into wards, HB 479..............480, 487, 520, 558

Cedartown, judge given jurisdiction over juvenile delinquency, SB 103......................324, 349, 368, 509

Chaplains paid mileage, SR 39... ----------------------------------------------------------------------------------------------730 Chastain, T. A., granted privilege of f\oor.......................................................................- .............................173

Charlton county, to fix salat:ies of clerk and commissioners, HB 447............................505, 513, 554, 582

Charters for corporations granted by superior courts, advertisement not necessary, SB 114....399, 420

Chatham county, fix terms for holding superior court, HB 284........................................312, 316, 365, 378

Chatham county, mayor authorized to appropriate sums to pay portion of

premiums in group insurance, HB 372.........................................................- ...............394, 397, 614, 688

INDEX

771

Chatham county, police court change punishments or sentences, HB 371.................._..394, 397, 616, 678

Chatham county, salaries of officers not to exceed $6600 per year, HB 370................604, 512, 674, 617

Chatham county, tax collector to furnish identification certificate to

registered voters, HB 369.............................................................................................._..604, 612, 674, 617

Chatham county, to amend pension board, HB 384................................................................636, 541, 674, 618

Chatham county, to install photostatic equipment, HB 494..............................................606, 616, 574, 618

Chatham county, voting machines provided for, HB 2'85....................................................312, 316, 366, 378

Chatham county, voting machines provided for, HB 286................................................312, 316, 366, 379

Chatsworth, fix term of mayor, SB 30....................................................................................90, 166, 172, 276

Chatsworth; to create a water works commission, SB 31..................................................91, 166, 172, 276

Chattooga county, board of commissioners required to publish

expense accounts, HB 378.......................................................................- .......................342, 346, 406, 426

Chattooga county, fees of sheriff and clerk fixed, HB 377..................................................342, 346, 406, 426

Chief drug inspector, additional duties added, HB 184....................................458, 462, 663, 748-760, 766

Clarke county, candidates for General Assembly to designate seat number, HB 87....................136, 139

Clarke county, to prohibit solicitation of votes, HB 486......................................................606, 614, 563, 683

Clarke county, state librarian to furnish volumes of supreme court

and court of appeals, HR 44....................................................................................392', 398, 444, 473-474

Clarkesville, amend charter, HB 619........................................................................................636, 642, 676, 618

Clarkston, property owners assessed for constructing sewers, HB 296..........................291, 298, 329, 354

Clayton county, create county planning commission and board of

zoning appeals, HB 168....................................................................................................165, 170, 364, 377

Clayton county, create office of county tax commissioner, HB 157........................165, 170, 364, 376-377

Clayton county, fix salary of commissioner, HB 156..........................................................166, 169, 364, 376

Cleveland, to provide new charter, HB 524............................................................................536, 543, 576, 619

Clinch county, commissioners authorized to contribute to veterans, HR 59................312, 317, 407, 427

Clinch county, election of officials provided for, HB 275........................................312, 316, 406, 424-42'5

Closing of banks on Wednesdays or Saturdays, SB 40................................................................................102

Cobb county, increase salary of coroner, HB 383................................................................535, 640, 616, 679

College Park, amend civil service law, HB 499....................................................................599, 606, 675, 723

College Park, extend city limits, HB 531.. ..............................................................................................599, 607

College Park, increase ad valorem tax, HB 498 ....................................................................699, 606, 675, 722

College Park, to annex territory in Fulton and Clayton counties, HB 497.. '.................598, 6tl5, 677, 722

College Park, to establish ward boundaries, HB 535..........................................600, 607, 674, 712, 713, 765

Columbus, authorized to sell part of 7th ave., HB 225......................................................2'89, 295, 328, 353

Columbus, city authorized to sell "Motts Green", HB 65........................................112, 116, 149, 167-158

Columbus, granted authority to establish bus terminal, HB 396......................................468, 464, 490, 523

Columbus, hospitalization insurance for city emp}oyees and families, HB 64.............. 112, 116, 149, 157

Columbus, pensions and retirement benefits for employees, HB 61................112, 116, 149, 158-159, 188

Columbus, city to ~rant pension to employees disabled while working, HB 465........459, 466, 490, 525

Columbus, to extend limits by adding 12 acres, HB 489......................................................481, 487, 521, 559

Colquitt, livestock running loose prohibited within city limits, HB 152......................164, 169, 194, 214

Colquitt, mayor and council form of government, HB 153.................................................. 165, 169, 194, 214

Colquitt, repeal act incorporating city, HB 151..............................

..........................164, 169, 194, 2'14

Commissioner of Revenue prohibited to run for Governor for

2 years after term expires, HB 1 ...........................

.....120, 122, 269

COMMITTEE REPORTS (MINORITY) HB 96..........

........ 484-485

COMMITTEE REPORTS (STANDING)

Agriculture ....................................................................................................................................................52

Amendments to Constitution.....................................................

.........53, 148, 317, 417, 546, 592

Appropriations Auditing ...

.................... ..............................

.....................

...............63, 417 .................................53

Aviation

......

.. ...................................53

Banks & Banking.............

.. ......

...........................

....53, 122, 245

Congressional and Legislative Re-apportionment

....54

Conservation .................... --------- ...................... ----

......54, 360

Counties and County Matters-

54, 103, 104, 127, 141, 142, 170, 171, 177, 190, 2'06, 221, 244, 256, 274, 300, 317, 325,

343, 361, 400, 416, 440, 482, 517, 546, 648, 572, 611, 670, 671, 699, 700.

Education and Public Schools..............54, 79, 94, 105, 246, 274, 347, 374, 440, 518, 572, 667, 669

Engrossing and Enrolling16, 55, 74, 84, 93, 104, 114, 120, 159, 178, 191, 222, 232, 247, 2'53, 275, 300, 319, 326,

348, 362, 374, 402, 418, 466, 484, 510, 517, 539, 673, 612, 700, 760-763. Finance ..........................................................................................................................56, 401, 618, 548, 668

Game and Fish..........................................................................................................................................65, 550

General Judiciary.........................................................................................- ...............56, 148, 246, 401, 547 Halls & Rooms..................................................................................................................................................55

Highways and Public Roads......................................................................................................56, 360, 611

Industrial Relations.........................................................................................- ..................56, 190, 274, 318
~::en:,::~: c~~p:;;;;"ti-;..~c:~~;;:~ii~is-i;;t;;~:;~;;;:;;;~;;t::::::::::::::::::::::::::::::::::::::::::::::::::::~~:..!.~~:...~:~

Journals ....................................................................................................- ......_......_.....................................66
::~:rya:r:rZ~~~~~~---~~-~~~~::::::::::::::::::::::..---~.-.-_:.:_:::.::::..::::::.__-_.:.___::...~::_::::____:.~:...~.:~.-~S.:..~~~:--~-~-~:...~:~

Motor Vchicles..................................................................................................................................57, 207, 546

Municipal Government~U~~~~~~~~~~~~~~~~~ 482, 483, 518, 548, 549, 609, 610, 669. 670, 700.

772

INDEX

Penal institutions.-............................................................................................................................................57
Pensions -------------------..-..--57 Public Health ---------------58, 104, 318, 467, 550, 612 Public Utilities --------------------58, 85, 126, 141 Public Welfare .......................................................................................................................................68, 571
~;!ciai--J~"dici~;;::::::::::::::::::::::::::::::::::::59;sii;-iii5;245;a47:aso;,o2":44i;4ii4;64ii;572;6lo:-s~~
State of Republic............................................................59, 74, 141, 246, 343, 373, 441, 549, 610, 671
~':,u~,.:nLa;~.-.~~~---........~- - ~- -_ .......:...........:.___:...-.~- -..:....:_-_-___....:....-~.- ........~-- ._-.:.~- -.._-___~-~-~:... ~~~:...~~~: .. ~~~:...~~~
University System of Georgia......................................................................................................................59 Western and Atlantic Railroad............................................................................................................60, 483

COMMITTEE REPORTS (SPE9IAL)
Joint report on state-owned W. &: A. Railroad and hotel properties.'..................... Penal institutions, report of.................................................................................................

..698-699 ...129-134

COMMITTEES (SPECIAL)

Aid musicians comprising football bands at Tech and University of Ga., HR 32......................302

Election returns, committee..............................................................................................................24, 35-37

Escort Doorkeeper Griffin......................................................................................................... -....................14

Escort Governor-Elect Talma~e to Hall of House of Representatives, JSR 4.............:..............33

Escort Governor Talmadge............................................................................................................................51

Escort Messenger Smith........................................................................................--15 Escort President Dean....................................................................................................................................12

Escort Secretary Nevin..................................................................................................................................13

Escort Senator Ramsey to president's stand.........................................................................................286

Escott to the funeral of John H. Candler............................................................................................185

Escort to the funeral of Mrs. Dorsey......................................................................................................184

Install newly elected Governor Talmadge, JSR 5....................................................................................34

Inspect and recommend reconditioning of state capitoL..................................................................173

Investigate acquiring abandoned right-of-way of the Atlanta Northern Railway, SR 25....371

Investigate tardiness of Acts of 1946, SR 16......................................................................................188 Investigate voting laws of other states........~..................................................................................98, 99

Notify Governor regular session convened, SR 3..................................................................................14

Study fire protection, SR 17.........................................................................................~..............................173

Common trust funds maximum increased to $50,000.00, SB 15..............................77, 123, 232-233, 394

Communication from John H. Candler's family............................................................................................435

Communication from Acting Governor Thompson..................................------------------77 Communication from the Chatham county representatives............................................................................11

Communication from tb.e Governor.................................. ....................................................................... _______8

Communication from Secretary of State.................

........................... ............................

.. ........ 19

Communication from Secretary of State....

.............................................................................285, 286

CONFERENCE COMMITTEE REPORTS

HB 2, Municipal Home Rule for counties............................................................................................491 HB 16, Franklin county to create office of Commissioner......................................................491, 533

Confirmation of appointees by Hon. Herman Talmadge, rescinded, SR 35..............................................596 Congress memorialized and urged continuance of national school lunch

program, SR 24.......................................................................................................................................302, 323

Congress petitioned to maintain a floor of 90% of parity on all basic farm crops, HR 119.. ...................... ....................................
Congressional delegation requested to secure cooperative contracts

.................602, 609, 615

between State and Federal Government, SR 20......... ..................................................................204

Congressmen of Georgia urged continuance of National School lunch program.

HR 95 ......................................................................................................................................................393, 403 Cook c~unty, board of commissioners of roads and revenue amend act, SB 28............84, 95, 106, 242' Cook county, increase board of commissioners to 7 members, HB 290..........................290, 297, 519, 556

Conservator provided for estates of missing persons believed dead, HB 76..................189, 250, 284, 414

Conway, Tom, presented to Senate...................................................................................- ...................................368

Corporation Act, amended by changing principal office by amendment, HB 808.--...467, 463, 662, 69& Corporations authorized to fix rate of dividends and term of payment, HB 360..................601, 608, 673 Corporations authorized to pay wife of judged insane employee not to

exceed $200.00, SB 17...............................................................................- ..................................._78, 86, 96

Corporations to receive property on liquidation without any taxable gain or

loss, SB 125..........................................................................................................................466, 526, 595, 728

Counties authorized to carry insurance on vehicles owned and operated by county, HB 84....187, 189 Counties authorized to sue or be sued in court for damages received by

county-owned vehicles, HB 85....................................................--187, 189, 356 County authorities required to pay premiums for surety bonds on officials, HB 299..480, 486, 615, 691

County boards of commissioners authorized to levy taxes on fortune telling, HB 105..225, 228, 404, 450 County boards of Education authorized to condemn private property for school

purposes, HB 28....----178, 179, 250, 283, 414 County board of Education given power to hear and determine

local controversy, SB 113................................................................................399, 420, 442, 472-474 728

County board of Education of independent systems to deduct from

;

'

teachers retirement pension, HB 431..............................................................................601, 604, 673, 748

INDEX

773

County board of Education to be divided into political sub-divisions

to issue bonds, SB 109......................................................................................363, 375, 427-42'8, 726, 727

County boards of Education to employ a trained personnel in juvenile work, SB 26............................84

County boards of Education to furnish transportation of pupils 4 years, HB 176....454, 462, 521, 729

County boards of Education, to re-establish sub-divisions and provide for

election of t~stees, SB 63................................................................................................154, 255, 302-307

County boards of Education to subdivide school districts for local schools, HB 204....413, 415, 442, 477

County managers, provided for counties of 200,000, SB 12.....:............................................70, 94-106, 242

Court of ordinary, to provide means whereby restoration to sanity may be

established, SB 73................................................................................................................203, 248, 272, 767

Courts of Georgia given jurisdiction over non-resident motorist, HB 53........................120, 122, 250, 283

Coweta county, board of commissioners to fix rules for pensions, HB 150,

Coweta Judicial circuit, abolish fee system, SB 108............................................................362', 405, 422

Crisp county, 18 acres of land reconveyed, HR !!--

.............................120, 121, 143, 151

D
Dalton, provide for control and management of public utilities, HB 165......................504, 512, 577, 616 Dalton, provide for election of tax assessor, HB 166................................................165, 170, 194, 214-215 Dalton, Ted, presented to senate..............................................................................................................................84 Dalton, to define rights and powers, HB 269........................................................................504, 512, 575, 617 Danielsville, amend charter, HB 217........................................................................................289, 295, 328, 352 Davis High School Class recognized in gallery..............................................................................................364 Dean, Wm. T., elected president............................................................................................................................12' Dean, lllrs. Wm. T., presented to Senate.....................................................-........................................................15 Dean, President Pro Tem. Wm. T., presented gift of appreciation of services........................................760 Decatur, increase salary of Judge and Solicitor, HB 291....................................................291, 297, 329, 354 Decatur, property owners assessed for constructing sewers, HB 297..............................291, 298, 350, 366 Decatur, tax levy for school purposes, HB 294.....................................................................291, 298, 850, 366 Deductions from new income, SB 117................................................................................................................415 DeKalb county, change salaries of county officers, HB 293...............................................291, 2'98, 329, 354 DeKalb county, create bond commissioner for school district, HB 128............................163, 167, 257, 280 DeKalb county, fix salary of commissioner, HB 292......................................................................291, 297, 354 DeKalb eonnty, to create a pension and retirement pay for
employees, HB 525....................................,.......................................................536, 543, 615, 684-685, 765 DeKalb county, to establish a department of investigation, HB 382..............................394, 397, 419, 446 DeKalb High School class presented to Senate..................................................................................................310
m Department of Labor Act amended creating unemployment compensation
Departh,":~t :~ ~~gitib~:r/2~o-p~o~id;;:ii8"""2ii::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::7s:rss:5M;
Department of State Parks, authorized to purchase Waco Military Reservation, HR 88..............................................................393, 398, 444, 475-477, 662
Depositories authorized to open and examine containers of property and provide method of foreclosing lien, SB 16......................................................................78, 86, 96, 666
Deputy clerk of Supreme court, fix salary of, SB 96..........................................314, 349, 370, 738, 737-738 Director of Entomology, Governor authorized to fix salary, HB 254..............................534, 540, 574, 659 Director of Public Health, to hold office for 6 years, SB 53..............................................126, 319, 337, 758 Divorce laws of Georgia amended, HB 505..................................................................536, 542, 575, 755-756 Dodge county, appointment of certified public accountant, HB 6......................................................112, 116 Dodge county, decrease salary of city judge to $1800 per annum, HB 205..............................224, 227, 676 Dodge county, officers paid salary instead of fees, HB 202....................................................................2'2-l, 227 Dodge county, salary of solicitor $1800 per annum, HB 206......................................................224, 227, 676 Dodge county, sheriff and deputies paid salary in lieu of fees, HB "198..................................223, 227; 676 Dodge county, tax receiver and collector duties consolidated, HB 270............................312', 316, 365, 378 Dodge county, to provide appointment of special deputies sheriffs, HB 200....................................289, 295 Dodge county, repeal act establishing city court of Eastman, HB 201....................................22-l, 227, 676 Dodge county, repeal act providing for probation officer, HB 199............................................223, 2'27, 676 Domestic wines legalized by promoting of fruits on Georgia farms, SB 90..................292, 320, 338, 757 Dooly county, commissioner elected in each road district, HB 90....................................163, 166, 192, 211
Eirr!:E~k~f ~:~~1t~:i:i~~~::::::::::::::::::::::::::::::::::::::::::::=::::::::::::::=:=:::~:i:-:::--::::-i~i
Dunlap, James C., licensed as dental surgeon, SR 23....................................................................293, -107, .&20

E
Early county, revising office of tax commissioner, HB 108................................................137; 140, 193, 212 Eastern Judicial Circuit, to provide an additional judge, HB 457....................................535, 541, 615, 680 Eastman property not returned for taxation penalized 10% of amount, HB -106........-159, 465, 61-l, 679 East Point, amend charter to benefit veterans, HB 528......................................................599, 606, 675, 723 East Point, incorporate West of Stewart Ave. and south of Lakewood Rd.,
HB 530 ..................................................................................................................599, 607, 674, 721-72'2, 764 East Point, provide when benefits are to be paid disabled employees, HB 462............479, 486, 520, 557 East Point, salary of aldermen not to exceed $100 per month, HB 463......................598, 605, 674, 701 East Point, term of mayor changed from 2 years to 4 years, HB 464............................480, 486, 520, 558 East Point, to annex several lots, HB 473............................................................................598, 605, 674, 701 East Point, to re-incorporate city, HB 529............................................................599, 606, 673, 705-712, 764 Echols county, amend act establishing board of commissioners
Edward!, ~~~-.a~~iv~;~n~~ fl!! ~;.:;;"t;;d-tii::::::::::::::::::::::::::::::::::::.~:::::::::::::::::::~~~---~-S.~:....1~~:...!~

774

INDEX

Elbert county, abolish office of tax receiver and collector, HB 261................290, 296, 443, 469-470, 570

Elbert county, increase fees of coroners, HB 476................................................................605, 514, 616, 680

Elbert county, vacancy in commissioners office provided for, HB 42............................120, 122, 179, 194

Elberton, appointment of city recorder, HB 103....................................................................222, 225, 2"52, 264

Election laws revised~ setting up a white primary, HB 13............101, 103, 149, 159-160, 173-175, 181, 183, 196-200, 215-216, 22"5, 231-232

Election retnrns, to canvass, HR 5

-------------------------------------------------18, 19

Election returns, to canvass, joint session, SR 4..............................................................................................16

Elective State officials, salaries increased, SB 130....................................................511, 551, 594, 738-739

Electric street railroad company may sell equipment but continue

power plants operation, SB 21................................................................................78, 127, 151, 394-395

"Employee", "employer", "employment" and "labor organizations" defined, SB 10....70, 192, 216-217

Enrolling, engrossing and auditing committees stay-over, SR 30..............................................................573

Escort Hon. Wishart :McLea Robertson to president's stand..................--------------.621 Escort to install Governor :M. E. Thompson....................................................................................................595

Eugene Talmadge :Memorial Association, to create, HR 27..............................................205, 2'06, 251, 272

Evans county, ordinary paid $"50.00 month in addition to fees, HB 154..........................165, 169, 208, 231

Executive committee of trust companies given powers, SB 37........................................101, 123, 236, 395

F

Family of Hon. Burley H. Beasley extended sympathy..................................................................................662

Family of Hon. Clarence T. Guyton extended sympathy, SR 37.............................................................613

Fannin county, increase salaries of commissioners and clerks, HB 416........................505, 513, 656, 581

Fees of constables increased in their militia districts, HB 80..................................187, 189, 404, 454, 765

Fitzgerald, establish new charter, HB 263..............................................................................290, 296, 328, 363

Forrest Park, fix term of mayor and alderman, HB 413..................................................459, 466, 555, 581

Free drivers licenses to honorably discharged soldiers of world wars, SB 7................................61, 94, 107

Freeman, Hon. W. B., privileges of tloor............................................................................... .......................75

Fulton & DeKalb counties, to establish a :Metropolitan

planning district, HB 526........................................- ....................................................537, 543, 613, 681

Fulton county, board of Commissioners to assess and collect taxes

not in incorporated limits, SB 112.............................................................................399, 619, 556, 728

Fulton county, Civil Service Board to regulate promotions, SB 110............................399, 442, 468, 602

Fulton county, Civil Service Status for municipal employees, SB 111........................399, 442, 468, 602

Fulton county, concession privileges granted in building

belonging to county, HB 542......................................................................................600, 608, 674, 724

Fulton county, condemnation of property applicable to

all counties of 256,000, SB 47.....................................................................121, 156, 209, 414, 450, 453

Fulton county, Councilmen and Aldermen to resign before

taking other positions, HB 472...............................................................................................570, 571, 676

Franklin county, create office of Commissioner of ro.ads &

'

revenue, HB 16.........................................................89, 92', 249, 262-263, 287, 490-491, 508, 534, 667

Fulton county, Dept. of Public Welfare may invest funds

from tax levy, HB 311.............................................................................. :::.....................312, 316, 419, 446

Fulton county, employees transferred from one dept. to another

will not lose benefits, HB 329.....................

........................................569, 571, 614, 682-684, 764

Fulton county, fix salary of Solicitor General and Assistants, HB 227......................241, 243, 365, 377

Fulton county, garbage disposal under direction of Board of Health, SB 79................220, 248, 261, 369

Fulton county, increase salary of chief judge, HB 471......................................................598, 605, 674, 701

Fulton county, increase salary of county treasurer, SB 82'............................................220, 249, 262, 359

Fultqn county, law department provided for, SB 83..........................................220, 249, 262, 666, 671, 672

Fulton county, new pension system for police dept., SB 77..............................................219, 248, 453, 601

Fulton county, no bond required of contractors up to $1,000.00 for a job, SB 71......203, 251, 260, 359

Fulton county, Ordinary given authority to provide amphitheatre, SB 94..................313, 403, 42'1, 601

Fulton county, pensions for fire dept. members, SB 120

.....415, 468, 496, 602

Fulton county, pensions granted for employees, SB 100.... ......................

..........324, 364, 481

Fulton county, salary of Judge of Juvenile Court set at $8,500

per annum, HB 231.............................................

..........................241, 243, 405, 423

Fulton county, Stadium Authority created, SB 99......................................................................324, 364, 481

Fulton county, to change the working days for city firemen, HB 409....598, 605, 673, 713-718, 758, 769

Fulton county, to create an airport authority, HB 541..............................................600, 607, 675, 713, 765

Fulton county, to create a pension fund for teachers and employees

of board of education, SB 36......................................................................................101, 127, 209, 413

Fulton county, to provide election of Chief of Police, SB 78............................................219, 248, 261, 359

Fulton county, to provide for investment of money derived from Sl!le of bonds, SB 72....................~.................................................................203, 248, 267-268, 757

Fulton county, to provide system of garbage disposal, SB 80..........................................220, 248, 261, 413

Fulton county, transfer from :Municipal Fire & Police Dept.

to county depts. of same, HB 363..................................................................................460, 464, 489, 623

Fulton county, pensions to regular members of county police dept., HB 34....101, 127, 208-209, 413

G
Gainesville, establish civil service board, HB 194..............................................................223, 226, 252, 266 Gainesville, retirement fund amended, HB 235....................................................................224, 22'8, 263, 266 Gambling and betting prohibited in any game, HB 125................................................311, 316, 442, 474 Game and Fish and conservation, joint committees thanked for tour, HR 101..............................460, 466 Gantt, :Miss Sara, thanked for services............................................................,....................._..........................664

INDEX

775

General Assembly authorized to exempt veterans from ad valorem and intangible tax, SR 2L..................................................................................278, 320, 335-336, 340
General Assembly commends Georgia delegation in congress for passage
Gener:l A~:~bi:,a~~~~n APc!~!Rol~;;~ti~;;;s"ii"-ii::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~g
General Assembly, members given 60 days extension on income tax, HR 51..................................187, 195 General Assembly, recess January 2'3 until .March 31st. SR 8..............................................................46, 50 General Assembly, recess January 30 until April 7th, SR 12..........................................................._.......80
Georgia coastal scenic high.tay, to create, HB 189.....................................- ...479, 485, 552, 619, 693, 765
Georgia Tech and University of Ga. football bands given assistance, HR 32........................120, 302, 343 Georgia-Tennessee boundary, appointment of committee to establish, SR 14......138, 152, 156, 238, 391
Georgia-Tennessee boundary dispute, federal court to establish, SR 15................138, 152, 155, 238, 391 Georgia delegation in Congress commended for support of George-Barden Act, HR 108............509, 526
Georgia's school system, continuation of survey, HR 109.................,..............................................509, 516 Glynn county, commissioners authorized to levy a tax for school purposes, HB 48L..506, 514, 555, 583
Glynn county, pension fund for employees, HB 190............................................................289, 294, 443, 469
Gold Star Mothers to erect monument to sons and daughters who lost their lives in World War II, HR 89......................................................................................726, 746
Gordon county, election of commissioners, HB 89..................................................................................136, 139
Government urged to preserve timber on Camp Stewart Military Reservation, HR 38............138, 144 Governor authorized to execute contracts with federal government for portion of
W. & A. railroad tract in Bartow county, HR 82....................................................392, 398, 490, 751
Governor authorized to receive memorial commemorating deceased Hi-Y and
Tri-Y Clubs members, HR 93..........................................................................................................393, 403 Governor Thompson to address joint session, HR 116............................................................................603, 609 Grady county, abolish office of tax receiver and create office of
tax commissioner, HB 283............................................................................................-290, 297, 419, 446
Griffin, A. Perry, elected doorkeeper..................................................................................................................l4 Griffin, A. Perry, presented gift of appreciation of services........................................................................760
Griffin, retirement act amended, HB 390..............................................................................458, 464, 555, 580
Griffin, to provide a commission of 5 men, HB 160............................................................340, 344, 420, 441 Gross, Frank, presented to Senate......................................................................................................................655
Guardian not necessary for wife to receive salary of judged insane employees, HB 57 ....................................................................................................................................204, 205, 250, 284
Guyton, Hon. Clarence T., death lamented..........................................................................................................9
Gwinnett county, salary of county treasurer $2'00.00 per month instead of commissions, HB 209......................,...................................................................................224, 228, 279, 302
Gwinett county, treasurer to receive salary in addition to commissioners, HB 477....505, 514, 555, 583

H

Habersham county, fix place and time for holding city court, HB 510......................507, 516, 554, 585

Habersham eounty, hunting season for squirrels extended from Nov. 1

to Feb. 1, HB 512.............................................................................................................- ...........507, 516, 551

Hahira registration of all people 18 years and above, HB 143........................................288, 294, 405, 422'

Hall county, judge and solicitor provided, HB 195.......................................................- ...223, 226; 279, 301

Hancock county, officers to designate the official organ for publishing

legal advertisement, HB 527.............................. '537, 543, 575, 619 Hapeville, create city manager plan, HB 303........................................................................292, 299, 350, 367

Hapeville, given additional territorial jurisdiction, HB 30L............................................2'91, 298, 350, 367

Hapeville, 4-year-term of mayor, HB 302'....... .............................................

........292, 299, 350, 367

Hapeville, to extend city limits, HB 496................................................................598, 605, 675, 718-721, 764

Hart county, amend act creating Board of Finance, SB 62...,............................................154, 171, 181, 292

Hart county, Board of Finance authorized to fix salaries, SB 105............................................344, 364, 509

Health certificate necessary before marriage, SB 48......................................................................................121

Henry county, increase salary of clerk of Board of commissioners, HB 168................165, 170, 300, 321

Holt, J. T., granted privilege of the floor..................................................................................- ...................477

Home rules in counties, to provide, HB 214..................................................598, 605, 614, 676, 724, 72'5, 766

Honey bees restricted to eradicate bee diseases, HB 454....................................................535, 541, 574, 690

HoSpital Authorities of state authorized to invest monies from sale

of revenue certificates, HB 119........................................................................................311, 315, 350, 380

Houston county, provide distribution of fines of. superior courts, HB 159......................165, 170, 208, 231

Hunting wild deer or turkey prohibited in Turner or Worth county for

5 years, HB 449........................................

........................................................459, 466, 490, 524

I
Investigation of building contractors, defrauding veterans of World War II, SR 18..........................204 Insurance commission authorized to appoint 3 assistants, SB 107....................................362, 519, 560, 728 Insurance companies required to hold real estate for renting purposes, HB 212....460, 463, 521, 691 Insurance companies required to publish duplicate of the short
form report made to Governor, HB 255..................................................._.............._601, 604, 672', 729 Insurance rates for fire, marine or inland marine, regulated, HB 244................481, 485, 522, 661, 765

J
Jenkins county, fix compensation of tax commissioners, HB 220...- ................:......- ......224, 228, 300, 677 Jesup, mayor authorized to levy tax, HB 521........................................................................536, 643, 613, 681 Johnson county, state librarian to furnish certain reports, HR 62.................. 392', 398, 444, 472-473, 766


776

INDEX

Joint committee to investigate and acquiring Atlanta Northern Railway
property for widening highway, SR 26..... --------------------------------------------------------------------371, 392 Joint committee to investigate and study fire protection proposals, SR 17...............................173, 391 Joint committee to investigate tardiness of publication of the 1946 Acts, SR 16..............................188 Joint resolution to install Governor Thompson in office, SR 33....................................................696, 603
Joint session to hear message from Governor Talmadge, HR 16------------------------------------------------------.49, 50 Judge of city courts to be eligible for retirement fund, SB 14--------------------------------------------------------77-86, 96

L
Lambert, to create charter, SB 76.........................................................------------219, 248, 261, 396 Laurens county, sheriff and clerk of superior court placed on salary, HB 30........90, 92, 278, 301 Laurens county, to incorporate the town of East Dublin, HB 207..................................224, 227, 263, 266 LeCraw, Hon. Roy, presented to Senate.....................................................................- ...................................696
Letter from H. L. Wingate..............-------------------------------------------266 Letter from Hon. Ellis ArnalL............- ..........................--------------------------------------------48 Letter to senators from Hon. Spence Grayson...........................-----------------------------------------------------10 License fee levied on slot machines for the support of state government, SB 124................................466 Lincoln county, compensation for treasurer, HB 112..........................................................137, 140, 419, 446 Lincoln county, deputy sheriff to be appointed by sheriff, HB 111..................................137, 140, 419, 444 Lincoln county, referendum provided for before malt beverages legal, HB 342..........323, 326, 420, 446 Lithonia, assessment of pavin&" against real estate owners, HB 127............................2'88, 294, 328, 361 Lithonia, extend city limits, HB 129----------------------------------------------------------288, 294, 328, 361 Lithonia, fix mayor's salary and ad valorem tax rate, HB 130........................................288, 294, 328, 351 Long county, clerk of Board of Commissioners raised to $76 per month, HB 338....393, 396, 489, 526 Lookout tower constructed for detection of forest fires, SB 92-----------------------292, 349, 370, 670 Lowndes county, commissioner of agriculture to contract for food processing
plant, HR 66...........-------------------------------------------------------------392, 398, 444, 474 Lowndes county, fix term and election of members of board of
commissioners, HB 219......................................................................-----------------------289, 296, 652, 579 Lyerly, election of city officials held 2nd Monday in Jan., biennially, HB 43............340, 344, 404, 422 .

Me
McGinty, Hon. J. Roy, presented to Senate......................................................................................................738 McDonough, provide advance meeting of mayor and council, HB 167............................165, 170, 194, 215 Mcintosh county, cr~te commissioner districts, HB 109..........................................137, 140, 193, 212-213 Mcintosh county, create districts, HB 110..............................................................................137, 140, 193, 212

M

Macon, amend pension system, HB 438................................-------------.459, 465, 489, 524 Macon, authorized closing of alley and confirming sale of, SB 98.................................. 323, 375, 407, 509

Macon county, abolish city court of Oglethorpe, HB 322....................................................323, 324, 366, 379

Macon county, abolish offices of tax collector and receiver and create

office of tax commissioner, HB 323..............................................................................341, 345, 406, 426

Macon countY. voters of a district to nominate the commissioner in

primaries, HB 39L--------------------------------------------------------------- ..........505, 513, 552, 581 Macon, members of police or fire department may become member of other

organization, HB 488..........................................

......................

.................536, 542

March of Dimes week, set aside, HR 16.......................... ... ................... ............. . . ............................60

Marietta, amend charter relating to business licenses, HB 22"6........................................224, 228, 253, 266

Marion county, sheriff paid $50 a month in addition to fees, HB 538.......................... 600, 607, 676, 724 Marion county, sheriff paid salary in addition to fees, SB 129........................................511, 551, 579, 72~

Meigs, extend city limits, HB 475..............................................................................................480, 487, 663, 582

Message from Governor Talmadge....................................................................................................................63-67

Message from Governor Thompson, joint session, SR 34.................-------------595, 604 Middle Judicial circuit, fix salary of court reporter at $200.00 per month, HB 268..393, 396, 489, 626

Midville, change time for holding the election of mayor, HB 381..........------------------------394, 397, 443, 471

Milan, to create new charter, HB 508...........................................------------------------------607, 616, 663, 586

Milledgeville state hospital, fix salaries of employees, HB 11.....-----------------------------------------204, 206 Millen, amend laws establishing city court, HB 177....................-------------------------------------223, 226, 300, 677 Millican, Senator Everett, presented gift in appreciation of services......................................................760

Mitchell county, pensions paid employees for continuous service of 35 years,

HB 148 ------------------------------------------------------------------164, 168, 208, 230 Mitchell, Senator Tom, birthday greetings......................................---------------------------------------------416 Monroe county, increase salary of Tax Commissioner........................................................313, 317, 360, 367

Monroe, provide police commission, HB 337....................................................................................341, 345, 425

Montgomery county, distribution of fines in superior courts, HB 239........................242, 244, 321, 330

Motor Fuel tax law, amended, SB 95........................................................-----------------------------------313, 403, 429 Motor Fuel tax law, amended, HB 22'9...........................:........------------669, 670, 614, 693-696, 733, 736, 747

Motor vehicle insurance, casualty rates regulated, HB 243...................................481, 485, 522, 659, 766

Motor vehicles on state-aid roads, regulate parking of, HB 238............................604, 612, 554, 688, 766

Muscogee county, create municipal court for cit.of Columbus, HB 60..........................112, 115, 149, 167

Muscogee county, deputy coroner appointed by coroner, HB 63........................................113, 115, 128, 144

Muscogee county, health department of Columbus combined with county, HB 31....90, 93, 149, 157


INDEX

777

Muscogee county, increase salary of solicitor general of Chattahoochee

circuit, HB 62...............................................~........................................................................187, 189, 207, 229

Muscogee county, photostatic machine used for recordin~r records, HB 32'....................11, 115, 128, 143

Muscogee county, title vested to parts of block numbers 53 & 54, HB 142....................223, 226, 279, 301

Mountain View Class recognized in gallery......................................................................................................444

Municipal home rule, to establish optional systems for certain cities,

HB 2 ........

...............178, 179, 252, 380387, 411, 429-435, 461, 491, 508, 733-735

N
Nail, Mrs. Sheila, thanked for her services..............................................................:.........................................664 Nelson, to incorporate and create new charter, HB 100.............................................120, 122', 193, 211-212 Nevin, Mrs. Henry W., elected secretary........................................................................................................12, 13 Nevin, Mrs. Henry W., presented gift in appreciation of services............................................................760 Newnan, create retirement plan for city employees, HB 149............................................164, 169, 194, 214 Newnan, to extend city limits, HB 518............................................................................................599, 606, 672 Newnan, zoning regulations provided, HB 417.......................................................................459, 465, 577, 618 Noah, Hon. Max T., and members of A' Cappella choir thanked, HR 87..............................360, 370, 371 Norristown, to incorporate town and define limits, HB 363............................................504, 512, 552, 580 Notaries public appointed by judges of superior court, SB 19............................................78, 86, 97, 757 Notify Governor, General Assembly convened, SR 3......................................................................................13 Notify Governor, General Assembly ready to adjourn sine die, HR 130..................................................759 Notify House, Senate organized, SR 2 ........................................................................................................13, 17

0

Oleson, Hon. Lloyd F., presented to Senate....

......................................................................................153

Omega, extend city limits, HB 106............................................................................................162, 166, 193, 212

Omega, increase tax levy, HB 507..................................................................................600, 608, 673, 675, 723

Open season for taking shad fixed Feb. 1 until April 5, HB 500........................................ ..........506, 515

Ordinary authorized to issue warrant of appraisement to appraisers where

administration of deceased person is pending, HB 175............................................461, 462', 553, 689

p

Part of U. S. highway No. 1 designated as Blue Star Drive, SR 28........................................327, 439, 509

Paulding county, town of Van Wert, HB 15............................................................................89, 92, 143, 150

Pavo, to provide for election and terms of Mayor and 5 councilmen, HB 546............600, 608, 674, 72'4

Payne, Dr. R. S., thanked for courtesies extended refugees, SR 11 ......................................................73, 188

Peach county, distribution of excess fines in Superior court, HB 183.............................. ......... l'i8, 179

Persons not required to join labor organizations to work, HB 72....................................287, 298, 320, 355

Pickens county, amend act incorporating the town of Jasper, HB 247..............225, 247, 253, 266-267

Pickens county, state librarian to furnish three sets of reports, HR 42........................ 392', 397, 444, 473

Pierce county, sheriff and clerk to receive same fees as clerk and sheriff

of superior court, HB 104 ......................

..........................................................241, 243, 350, 366

Pilcher, Hon. J. L., given privilege of floor....

------586

Planning district, to establish for Meriwether, Harris, and Talbot

counties, HB 490..............................................................................................................481, 488, 613, 680

President, Secretary of Senate and attaches, stayover, SR 32.....................................................................573

President's administrative assistant per diem, SR 6..................................................................................3839

Primary elections and whom may participate, SB 132......................................................511, 551, 658, 659

Priority of liens of judgments provided, for damages of

common disaster, HB 116.............................. --------311, 314, 404, 450

Privileged resolution from the 1st District.............................. ------ ............11 Public employment services, expenses provided for, SR 31......................................................................573

Public employment services, funds provided for to June 1948, HR 121....................................603, 609, 616

Public Service commission to negotiate with other states for contracts of

motor carrier license, HB 437........................................................................................601, 604, 672, 748

Public Safety Act amended to increase issuance of licenses to 5 years, HB 86........205, 206, 250, 284

Public Safety department amended so one troop will not consist of

more than 300 men, HB 522'............................................................................................6(}1, 604, 672, 730

Pulaski county, distribution of fund, HB 38........................................................................113, 115, 128, 144

Pulaski county, increase salary of clerk of Board of Commissioners, HB 258..........242, 244, 405, 423

Pulaski county, provide election of Treasurer, HB 259......................................................311, 315, 405, 424

Pulaski county, to provide fees for coroner, HB 260..........................................................312, 315, 406, 424

Putnam county, sheriff paid salary of $100 per month in addition to fees,

HB 264.......... --- ..... . .......... .... ...............

....................................392, 396, 443, 700-701

Q

Quitman county, abolish board of commissioners, HB 2'51................................................290, 296, 365, 377

Quitman county. create office of commissioner of roads and revenue,

HB 252 ..

............ .. ... ..................29(}, 296, 365, 377, 391, 410-411, 508

778

INDEX

R

Rabun county, towns not functioning under their charter may surrender

charter and dissolve power, HB 517................ ..... .................

..........536, 542, 613, 689

Randolph county, appointment of clerk of commissioners, HB 102......... .............. 137, 140, 229, 251

Refunding Bond Commission, to create, SB 68..

..............................2"02, 247, 269, 390, 396

Registrars and deputies, prevent intimidation, SB 51.. .

.............................................126, 148, 238

Registration and qualification of voters, revision of, HB 96........................................................288, 299, 373

"Registration of divorces and annulments of marriage" act repealed, HB 281.. ........ 534, 540, 576, 689

Regulate and prohibit sale of fireworks, HB 107 ......................................

..................................310, 314

Regulation of holidays for banks, SB 69........................................................................ 202, 247, 267, 666

Reidsville, to incorporatE> and write new charter, HB 493................................................506, 515, 556, 584

Repeal code, sections 64-208, 64-209, SB 24.. . ..... .

......79, 155, 2"33-234

Richmond county, board of county registrars abolished, HB 67..

..........113, 115, 128, 144

Richmond county, Board of trustees to convey property to State

Department of Public Welfare, HB 435.

................. .........

...................569, 571, 613, 678

Richmond county, continuation of school system, HB 124..

.................................... 163, 167, 193, 213

Richmond county, create county board of zoning appeals, HB 69.

...113, 115, 128, 143

Richmond county, election of clerk of board of commissioners, HB 139..

.....164, 168, 207, 230

Richmond county, loitering at polls prohibited, HB 68..

................113, 114, 192, 210

Richmond county, to prohibit loitering near polls, HB 429 ....................................505, 513, 614, 679

Richmond county, regulation of sale of fireworks, HB 140..

................164, 168, 2:08, 230

Rich's thanked for their interest in the state, HR 100...............................................................................459

Right of recovery by mother for homicide of child provided for, SB 67 ............................................202

Right of any individual upheld whether they are members or non-members

in a labor organization, HB 73...............................................................................288, 293, 320, 355

Rights of employee and employer guarded against violence where labor

disputes exist, SB 11....................... ................. ..... ...............................

...............70, 192, 217

Robertson, Hon. Wishart McLea, extended the privilege of the floor

...................521

Rockdale county, increase salary of commissioner, SB 126.............................................. 457, 488, 522, 666

Rockdale county, tax commissioner paid commission and salary, SB 127.........

.457, 489, 52'2, 666

Rockdale county, to construct airport, SB 91 ...........................

........292, 363, 570

Rome, authorized to issue bonds, HB 317.. ....... ..................

...........

...479, 486, 519, 556

Rossville, to provide for a mayor and council form of government, HB 478...

..505, 514, 555, 583

s

Sale of motor vehicle unlawful without a written bill of sale, SB 88 ..........278, 349, 369, 389, 437

Sale of sulfanilamide group provided for in control of livestock

and poultry diseases, HB 99

.................... ............ ..............205, 206, 320, 355-356, 414

Sales tax authorized for additional revenue. HB 8..............373, 389, 560-567, 587-591, 652-654, 663, 664

Savannah, amend charter relative to mayor and aldermen, HB 373

..................504, 513, 574, 681

Savannah Beach, Tybee Island, election laws amended, SB 65.......................... 177, 2"07, 257-260, 460

Savannah, court to try criminal offenses against the laws of Ga., HB 452..

.... 569, 571, 613, 680

Savannah, to abolish city court, HB 456.......... ........................ .

..............................570, 571, 613, 679

Savannah, to create a personal board in city of, HB 374........... ...

............ 394, 397, 614, 678

Savannah, to create a Savannah River Bridge commission, SB 64 ........................162:, 192, 209, 395

Savannah, to fix rules and regulations for elections, SB 60

.............. 147, 156, 172-173

Savannah, to fix rules governing primary elections, SB 61..........

.................147, 156, 173

SSecahyle, y Hcoonu.ntyC,lifffixordc,ompprievnisleagtieodn roefsotaluxtioconm.. missioner, HB 305..

...........................'.3..4..1.....3..4..5.....4..0..6.....4..25 80

Secretary of Senate, stay-over, SR 40.............................. ...................... .........

. ..............735

Secretary of State, directed to return all bills and resolutions to Senate

and House, SR 36.......... ..........................

..........................................603, 612

Segregation of races at polls, SB 131.................................

..................511, 550, 654-655

Senate attaches, appointment of and per diem, SR 5.

.............................................................. 18

Senate rules, adopted, SR 7.. ............. ......... .............................

............................................. 39-45

Senate rules, amended, SR 1........... ........................ ............. ................................. ........................................7

Seventh grade of Central Park school presented to Senate..

..........................282

Sine die adjournment, HR 131.........

...........................760, 767

Smith, H. B., elected messenger............ ..... .. ..

...........15

Smith, H. B., presented gift in appreciation of services.....................

. ....... 760

Smith, Margaret Chase, to address General Assembly, HR 73.......... ..................... ........................313, 357

Soperton, define corporate limits, HB 47............................................................

......112, 116, 219, 251

State auditor's salary based on length of service, SB 116..................

................ 415, 442, 471, 728

State Board of corrections requested to correct the situation at the

State prison, SR 26....

...

.........................418

State board of Education, to add the 12th grade, SB 32'...................................................91, 105, 118, 757

State board of Education, to classify county school superintendent and

fix salary, SB 33.........................

..............

.....91, 105, 117, 757

State board of Education to set salary schedule for bus drivers from

state funds, HB 162. .........................

.........457, 461, 551, 696, 736-737, 766

State Board of Embalmers and funeral directors, to create, HB 349............534, 540, 574, 695, 725-726

State board of Pharmacy authorized to fix rules for licensing of

drugs and poisons, HB 185

........................ .

............458, 462, 551, 750, 766

State department of Veterans Service, to amend, SB 8......................

.... 61, 73, 98, 151, 389

State capitol, reconditioning committee appointed, HR 46............................

.....................166, 173

State director of Forestry given additional powers-state-wide

forest fire protection, SB 75....................................

...........................

...........203, 365, 380

State Housing Authority, board to create, SB 84..........................................220, 249, 268, 282, 336-337, 340

INDEX

779

State highway department and counties granted right of way to make surveys for road purposes, HB 459................................................................................536, 54Z, 575, 690
State highway department to pay for right of way when not used for highway purposes in 3 years, HB 458..........................................................................535, 542, 575, 690
State Highway department. given authority over pipe lines, SB 101..............................824, 364, 380, 758
State of Georgia, to control all sales of liquor, SB 85................................................................................221 State properties commission authorized to sell tract of land in
Baldwin county, SR 22..................................................................................................................................293 State public schools, amend retirement system for teachers, HB 250.......................,....534, 540, 614, 689
State superintendent of schools, salary to increase, SB 18................................78, 348, 368, 456, 593, 594 State to relinquish title to acreage in Bibb county, SB 4..................................................61, 74, 80, 481
State Welfare department to establish training and vocational school in
each congressional district. SB 25......................................................................................84, 95, 107-109
Statesboro, amend act creating city court, HB 26................................................................113, 115, 250, 264 Statesboro, amend charter, HB 28................................................................................................89, 92, 249, 263
Statesboro, amend charter, HB 39..............................................................................................90, 93, 192, 210 Stone Mountain, amend charter, HB 295..........................................................................................291, 298, 356 Stone Mountain, extend city limits, HB 445..........................................................................459, 465, 490, 524
Stone Mountain Judicial Circuit, fix salary of solicitor general, HB 230......................393, 396, 419, 445 Stone Mountain Judicial Circuit. reporter to retain all fees collected, HB 126..........311, 315, 419, 445 Sylvester, polls in city elections to be kept open from 8 a.m. to 6 p.m., HB 241........289, 296, 328, 353

T

Tallapoosa, tax assessment provided for school purposes, HB 355..................................341, 346, 375, 408

Talmadge, Hon. Herman, oath of office................................................................................................................33

Tattnall county, to abolish offices of tax receiver and tax collector, HB 532................537, 544, 575, 619

Tax laws, committee to revise, HR 74....................................................................................602, 609, 677, 751

Teacher's Retirement Act, amended, SB 66......................................................................................................177

Teacher's Retirement Act, amended, HB 197..........................................................................534, 540, 573, 692

Telfair county, distribution of fines in superior court, HB 171........................................288, 294, 329, 353

Telfair county, increase salary of clerk of commissioners, HB 509..................................507, 516, 553, 585

Temple, amend charter, HB 120..................................................................................................163, 167, 179, 195

Thomaston, method changed for tax assessments and collections, HB 485..................480, 487, 520, 559

Thompson, Hon. M. E., administered oath of office..........................................................................................47

Thorpe, E. M., granted privilege of floor............................................................................................................477

Thunderbolt. mayor authorized to close one street, HB 414................................................479, 486, 520, 557

Tift county, change time for holding meeting of Board of Commissioners,

HB 135 ........................................................................................................................164, 167, 193, 215, 342

Tift county, create and establish hospital board, HB 134................................................164, 167, Z29, 251

Time limit fixed for suits against motor carriers for freight

overcharges, HB 29..................................................................................................204, 205, 387, 616, 695

Toombs county, to abolish city court of Lyons, SB 57..................................................................147, 171, 180

Toombs county, to abolish the office of Commissioner of Roads and Revenue, SB 58..........147, 171, 180

Toombs county, to create a board of commissioners of roads and revenue, SB 59..............147, 171, 180

Trains required to change blowing of whistle at crossings, SB 43........................102, 142, 152, 237, 395

Trenton, to provide new charter, HB 523..........

...................

......536, 543, 615, 681

Trial of indictments, defendant may testify, SB 22........... ...................................................79, 87, 233

Troup county, increase coroner's fees in inquests, HB 222

.....311, 315, 419, 445

u

Unemployment compensation law amended reducing minimum rate

payable by employer, SB 74...................................................................203, 278, 307-309, 482, 491-495

Unlawful for persons to operate motorcycle on private grounds, HB 79...................187, 189, 207, 239

Union county, abolish offices of tax collector and receiver and create

office of tax director, HB 344.. ......................... .............

...............341, 345, 489, 523

United States Forest Service commended, SR 27................................

.............439, 509

U. S. Forest Service, commended by General Assembly, HR 107............................................... .. .....482, 488

United Spanish War veterans Memorial Highway designated, HR 29............................311, 317, 407, 450

Unity School Class presented to the Senate................................................................

.. .................... 181

University of Ga. system, interim committee appointed, SR 38......................

.. ..... 667

v
Valdosta, abolish office of mayor and provide for commissioner manager form of government. HB 313........................................................................458, 463, 552, 579
Valdosta, city to sell bonds for school purposes, HB 228................................................289, 296, 405, 423 Valdosta, increase in tax levy for school purposes, HB 362..............................................458, 464, 552, 580 Valdosta, pension for certain employees, HB 218..................................................................289, 295, 405, 423 Vaughn, C. R., presented to Senate..............................................................................- ...................................400 Venue of suits against non-resident administrators, provided for, SB 56........................................138, 239 Venue of suits against non-resident administrators provided for, HB 18....136, 139, 404, 453-454, 766 Veterans affairs legislation, committee to investia-ate, HR 52......................................................188, 196, 242 Veterans, blind or disabled given right to conduct business without a
license, HB :?23....................................................................................................................479, 485, 676, 729

780

INDEX

Veterans Education Council, to establish, SB 9...................................................................62, 73, 98, 151, 390

Veterans Education Council, to create, HB 193....................................................................569, 570, 616, 692

Veterans exempt from fees for recording discharge certificates, SB 87...............:..........255, 403, 428, 666

Veterans honorably discharged not to Jose seniority with city or county

government, HB 46.........................................................- ..

..............186, 188, 404, 729

Veterans organizations furnished free quarters, SB 97 ..................................

.... 314, 404, 428-429-758

Vidalia, amend charter relating to primary elections, SB 49..............

...... 121, 142, 150, 276

Vidalia, hospital board to create, SB 122....................................................

........439, 468, 496

Vidalia, parties holding official offices not eligible to offer for an elective

office, SB 60.............................................. ..................................................

._121, 143, 150, 276

Vidalia, restricting sale of city real estate, SB 121.........

.......439, 468, 496

Vienna, zoning and planning Jaws authorized, HB 253.

. ..276, 277, 405, 423

Villa Rica, extend city limits, HB 516..............

. .......507, 516, 554, 586

Vocational education equalized throughout the state, SB 5................... . .....,. ......61, 75, 87, 757

w

Warren county, clerk of superior court authorized to hire deputy, HB 348..

..............341, 345, 425

Warren county, tax receiver to be paid $350 annually in addition

to fees, HB 48................. ......................................

..136, 139, 257, 279

Warner Robins, tax levy increased 10 mills, HB 208.............

..............289, 295, 328, 352'

Warrenton, salary paid to members of council, HB 82

...............

........276, 277, 404, 422

Waverly Hall, mayor given right to levy tax to maintain a cemetery, HB 266.......290, 297, 406, 42'4

Waynesboro, amend charter, HB 37.........................................................................................112, 116, 149, 157

Wearing of stripes by convicts, provided for, HB 117........................................................311, 314, 443

Wesleyan College Class presented to Senate......................................................................................................420

West Point, city authorized to sell certain property, HB 115..........................................162, 167, 179, 195

Wilcox county, abolish office of tax collector and receiver, HB 133................223, 225, 257, 280-281, 342

Wilcox county, board of commissioners to consist of 5 members, HB 271..................290, 297, 365, 378

Wilcox county, fees for coroner and jurors provided for, HB 240..................................242, 2'44, 257, 280

Williams, Miss Chili, presented to Senate.......... .........................................................................

......368

Wingate, H. L., privilege of floor granted to.........................................................

.........................219

Wilkinson county, provide for holding 4 terms of superior court, SB 106.......

.362, 405, 421, 534

Women to serve on juries, SB 13................ ....................

........................................73, 247, 281-282

Wysor, Hon. J. M., presented to Senate............................................................................................................84

z
Zellars, B. B., granted privilege of floor.............

...........300

JOINT SESSION RESOLUTIONS

JSR 1, General Assembly to provide for a special election to elect a Governor..

.....................-19-20

JSR 2, Tellers appointed to open and canvass election ret,urns.

.............. 2'0-21

JSR 3, Election of a Governor viva voce..................................'..............................................................25, 26

JSR 4, Committee appointed to escort Governor-elect to the hall of the House

....... 33

JSR 5, Committee appointed to install the newly elected Governor

... 34

INDEX

781

Numerical Index
SENATE JOURNAL
(For General Index. See Page 768)

SENATE BILLS

SB 1, Bibb county, confirm sale of land to Dickey Clay Mf11. Co...................

........60, 86, 96, 313

SB 2, Bibb county, no person elected Ordinary under 30 years of age ..........................60, 94, 106

SB 3, amend code, section 61-306................................................................................

......60, 86, 96, 481

SB 4, state to relinquish title to acreage in Bibb county....................................................61, 74, 80, 481

SB 6, vocational education equalized throughout state........................................................ 61, 76, 87, 767

SB 6, veterans unlimited to number of business, disability 10%........................61, 488, 692, 593, 762

SB 7, free drivers licenses to honorably discharged soldiers of World Wars......................61, 94, 107

SB 8, State Department of Veterans Service, to amend............................................61, 73, 98, 161, 389

SB 9, Veterans Education Council, to establish........................................................62, ';3, 98, 161, 390

SB 10, "employee", "employer", "employment" and "labor organist" defined............70, 192, 216-217

SB 11, right of employee and employer guarded against violence where labor disputes

exist ..............................................................................................................................................70, 192', 217

SB 12, county managers provided for counties over 200,000................................................70, 94, 106, 242

SB 13, women to serve on juries..................................................................................................73, 247, 281-282

SB 14; judges of city courts to be eligible for retirement fund............ - ......................................77, 86, 96

SB 15, common trust funds maximum. increased to $50,000.00................................77, 123, 232-233, 394

SB 16, depositories authorized to open and examine containers of property and

provide method of foreclosing lien ................................................................................78, 86, 96, 666

SB 17, corporations authorized to pay wife of judged insane employee

not to exceed $2'00.00......................................................................................................................78, 86, 96

SB 18, State Superintendent of schools, salary to increase..........................78, 348, 368, 466, 593, 594

SB 19, notaries public appointed by judges of Superior court............................................78, 86, 97, 767

SB 20, Department of State Library, to provide......................................................................78, 86, 97, 732

SB 21, Electric street railroad companies may sell equipment but continue

power plant operations..........................................................................................78, 127, 151, 394-396

SB 22, trial of indictments, defendant may testify......................................................................79, 87, 233

SB 23, Atlanta Judicial circuit, fix salary of solicitor generaL..................................79, 106, 117, 413

SB 24, repeal code section 64-208, 64-209................................................................................79, 165, 233-2'34

SB 26, State Welfare Department to establish training and vocational school in each

congressional district...................:......................................................................................84, 95, 107-109

SB 26, County Boards of Education to employ a trained personnel in juvenile work......................84

SB 27, Adel, amend charter..............................................................,.........................................84, 96, 106, 276

SB 28, Cook county, board of commissioners of roads and revenue, amend act............84, 96, 106, 242

SB 29, Board of Examiners of Nurses, to create..........................................................................90, 106, 117

SB 30, Chatsworth, fix term of Mayor.......................................... ...............................90, 166, 172', 276

SB 31, Chatsworth, to create a water works commission..............................................91, 155, 172, 276

SB 32, State Board of Education, to add the 12th grade.................................... .......91, 106, 118, 767

SB 33, State Board of Education, to classify county school superintendent

and fix salary......................................................................................................................91, 106, 117, 767

SB 34, Fulton county, pension to regular members of county

police department.................................................................................................101, 127, 208-209, 413

SB 35, Fulton county, to create a pension fund for teachers and employees

of Board of Education..................................................................................................lOl, 127, 209, 413

SB 36, amend code section 13-2023, relating to purchase of obligations of

federal government........................................................................................ lOl, 123, 2'34-236, 390, 396

SB 37, executive committee of trust companies given powers...................

........101, 123, 236, 396

SB 38, Board of Directors of banks given power of filling vacancies.............. lOl, 123, 236-237, 395

SB 39, Board of Directors of banks to appoint 3 members on executive committee.... l02, 123, 237, 395

SB 40, closing of hanks on Wednesday or Saturdays..................................................................................102

SB 41, amend code section 67-103 relating to mortgages................................................102, 124, 2'37, 395

SB 42, amend code section 85-1803 relating to chases..............................................................................102

SB 43, trains required to change blowing of whistle at crossings........................102, 142, 162, 237, 396

SB 44, revising of registration list where registrant has not voted for two years............................l02

SB 45, Athens, change name to City of Athens..........................................................................114, 166, 172

SB 46, Atlanta, adjust salaries of judges and solicitor....................................................l21, 171, 180, 328

SB 47, Fulton county, condemnation of property applicable to

all counties of 250,000..................................................................................121, 156, 209, 414, 450-453

SB 48, health certificate necessary for ma1'riage..........................................................................................121

SB 49, Vidalia, amend charter relating to primary elections..........................................121, 142, 150, 276

m SB 50, Vidalia, parties holding official offices not eligible to offer
SB 51, :~s::'ar:1~ded:~~;:p;~~~-;;ti;;ti;;:;id~tl;;-;;____:..:......:.....:.:.:....:._____::::...:.......1.2~.:.. ~~~. l~~

SB 52, Appling county, providing for an election of chairman and

clerk of commissioners................................................................................................126, 142, 160, 205

SB 53, Director of Public Health to hold office for 6 years............

......12'6, 319, 337, 758

SB 54, architecture, to regulate the practice of..........................................................................l26, 247, 379

SB 55, brief of evidence not required filed with motion for new triaL......................................138, 238

SB 56, venue of suits against non-resident administrators provided for....................................138, 239

SB 67, Toombs county, to abolish city court of Lyons..............................................................l47, 171, 180

782

INDEX

SB 58, Toombs county, to abolish the office of commissioner of roads and revenue....147, 171, 180

SB 59, Toombs county, to create a board of roads and revenue......................................147, 171, 180

SB 60, Savannah, to fix rules and regulations for elections............................................147, 156, 172-173

SB 61, Savannah, to fix rules governing primary elections.................,................................147, 156, 173

SB 62, Hart county, amend act creating Board of Finance....................................154, 171, 181, 292

SB 63, county boarils of education, to re-establish sub-divisions and provide for election of trustees, ........................................................................154, 255, 302-307
SB 64, Savannah, to create a Savannah River Bridge Commission..........................162, 192, 2'09, 395

SB 65, Savannah Beach, Tybee Island, election laws amended..............................177, 207, 257-260, 460

SB 66, Teacher's Retirement Act, amended....................................................................................................177 SB 67, right of recovery by mother for homicide of child provided for..............................................202

SB 68, Refunding Bond Commission, to create......................................................202, 247, 269, 390, 396 SB 69, regulation of holidays for banks................................................................................202', 247, 267, 666

SB 70, Atlanta, authorized to issue revenue certificates for repairs in sanitary department........................................................................................203, 319, 333-335, 534

SB 71, Fulton county, no bond required of contractors up to $1,000 for a job........203, 251, 260, 359

SB 72, Fulton county, to provide for investment of money derived from sale of bonds..................................................................................................203, 248, 267-268, 757

SB 73, court of ordinary to provide means whereby restoration to sanity may be established........................................................................................................203, 248, 2'72, 757

SB 74, Unemployment Compensation Jaw amended, reducing minimum rate payable to employer..........................................................................203, 278, 307-309, 482, 491-495

SB 76, State Director of Forestry given additional powers,--state-wide forest fire protection............................................................................................................203, 365, 380

SB 76, Lambert, to create charter.....................-----------------219, 248, 261, 396 SB 77, Fulton county, new pension system for police department..............................219, 248, 453, 601 SB 78, Fulton county, to provide election of Chief of Police......................................219, 2'48, 261, 359

SB 79, FultOn county, garbage disposal under direction of Board of Health........220, 248, 261, 359

SB 80, Fulton county, to prdvide system of garbage disposaL......................................220, 248, 261, 413

SB 81, Atlanta, provisional mayor pro tern provided for.............---------220, 248, 262, 359 SB 82, Fulton county, increase salary of county treasurer..........................................220, 249, 262, 359 Sil 83, Fulton county, law depar.tment provided for....................................220, 249, 262, 666, 671, 672 SB 84, State Housing Authority Board, to create....................................220, 249, 268, 282, 336-337, 340 SB 85, State of Georgia, to control all sales of liquor...................-..............................................................221 SB 86, Alcoholic Beverage Control Act, amended to forbid advertising..............................265, 349, 369 SB 87, veterans exempt from fees for recording discharge certificates..................266, 403, 428, 666 SB 88, sale of motor vehicles unlawful without a written bill of sale............278, 349, 369, 389, 4117 SB 89, Camden county, members of board of education to be selected
SB 90, J~::,~t!:Ywi'::2;t\:g~fj;;Jct;;--j;~;;;;;~;:i;;i!:--;;r-r~;;it;;--~~--~~g:i;;--(;;~;;;;;:::::::~::::2iii. ~~~. ~~k ~:~

SB 91, Rockdale county, to construct airport.............................................-..................................292, 363, 570
SB 92, lookout tower constructed for detection of forest fires.....-..................................292, 349, 370, 570
m: m SB 93, Atlanta, power given mayor and council to improve streets..........................313, 349, 368, 460
~~ ~:: it~~: F'~:r~xol~n~e~~vedn __a_~t-~~r-it_~ .tc>..~_r_o-~i~~--~ril-~-~~~~~~~r_e::.:..________:-~_1_3_.___ !~k

SB 96, deputy clerk of Supreme court, fix salary oL ......................................314, 349, 370, 733, 737-738

:tt:l::. m: SB 97, veteran's organizations furnished free quarters...........................-................314, 404, 428-429, 758

~~ ~g: ~~~~ c':,':,~t':.i"s"tad'l~~n~

:~!~::r".lll.~~~-- ~~-~~--~f_-_-_--_-_-_-_-_-_-_-_-_-.-:.-.-:.-::.-:.-.-.-.-:.-:.3.~-~:.. ~~~: ~~~

SB 100, Fulton county, pensions granted for employees................ -...........................................32'4, 364, 481

SB 101, State Highway Department given authority over pipe lines..........................324, 364, 380, 758

SB 102, hospitals operating for non-profit exempt from taxation............................324, 418, 448-449, 768

SB 103, Cedartown, judge given jurisdiction over juvenile delinquency....................324, 349, 368, 509

SB 104, Barnesville, tax levy increased by 10 mills......................................................344, 375, 407-408, 609

SB 105, Hart county, Board of Finance authorized to fix salaries..........................................344, 364, 509

SB 106, Wilkinson county, provide for holding 4 terms of Superior court.................. 362, 405, 421, 534

SB 107, insurance commissioner authorized to appoint 3 assistants............................362, 519, 560, 728

SB 108, Coweta Judicial circuit, abolish the fee system..............................................................362, 405, 422

SB 109, County boards of Education to be divided into political

sub-divisions to issue bonds........................................................................ 363, 375, 427-42'8, 726, 727 SB 110, Fulton county Civil Service Board to regulate promotions..............................399, 442, 468, 602 SB 111, Fulton county civil service status for municipal employees..............................399, 442, 468, 602 SB 112, Fulton county, board of commissioners to assess and collect taxes

not in incorporated limits......................................................................

......... 399, 519, 556, 728

SB 113, County board of Education given power to hear and determine

local controversy.............................................................................................399, 420, 442, 472-473, 728

SB 114, charters for corporations granted by Superior courts, advertisement

not necessary ..................~...............................................

.....................

..................399, 42'0

SB 115, Atlanta, to fix base salary for personnel director..................................414, 467, 495, 751, 752~755

SB 116, state auditor's salary based on length of service............. . ...........................415, 442, 471, 728

SB 117, deductions from new income................................................ ------------------- _____ ...

. ....... .415

SB 118, Barnesville, change corporate limits......................................................................415, 467, 495, 602

SB 119, Cedartown, annexation for additional territory.... ......................

.......415, 468, 496, 602

SB 120, Fulton county, pensions for fire department members.........

. ......415, 468, 496, 602

SB 121, Vidalia, restricting sale of city real estate...... ............................

......... .439, 468, 496

SB 122, Vidalia Hospital Board, to create.................

... ................. .......................... .439, 468, 496

SB 123, Atlanta, extend limits and police powers.........................................................439, 468, 496, 602

SB 12'4, license fee levied on slot machines for the support of state government..............

456

SB' 125, corporations to receive property on liquidation without any taxable

gain or loss...................................................................................---------------------....466, 626, 696, '128

SB 126, Rockdale county, increase salary of commissioner....................

........457, 488, 522, 666

SB 121. Rockdale county, tax commissioner paid commission and salary..................457, 489, 522, 666

INDEX

783

SB 128, Department of Labor act amended, creating unemployment compensation

board of Georgia.........................

....................

.........511, 550

SB 129, Marion County, sheriff paid salary in addition to fees.............................. ...Jill, 551, 57~, 728

SB 130, elective state officials, salaries increased

......... 511, 551, 594, 738-739

SB 131, segregation of races at polls..................... ......... ..........

......................... . ...... 511, 550, 654-655

RESOLUTIONS

SR I, Senate rules, amended.... .........................................

...................

...... 7

SR 2, notify House, Senate organized............ ..................... ..........

.....................13, 17

SR 3, notify Governor, General Assembly convened

........... .......

.. .... 1 3

SR 4, election returns to canvass, joint session.......

............................... 16

SR 5, Senate attaches appointment of and per diem.

.. .. 18

SR 6, president's administrative assistant, per diem..

......................38, 39

SR 7, Senate rules, adopted....!.....

.. ................ 39-45

SR 8, General Assembly, recess Jan. 23 until March 31st..

........46, 50

SR 9, General Assembly, given power of taxation..............

. ............... 62

SR 10, rights of all persons protected in lawful employment.. ..... .... . ............. .. 70, 148, 269-271

SR 11, Payne, Dr. R. S., thanked for courtesies extended refugees.........

.....................73, 188

SR 12, General Assembly, recess Jan. 30th until ApriL ..........................................................80

SR 13, Fulton county employs, extend coverage of pension system .......................103, 271, 320, 330-332

SR 14, Georgia-Tennessee boundary, appointment of committee to establish ...138, 152, 156, 238, 391

SR 15, Georgia-Tennessee boundary dispute, federal court to establish............I38, 152, 155, 238, 391

SR 16, joint committee to investigate tardiness of publication of the 1946 Acts... ..............152, 188

SR 17, joint committee to investigate and study fire protection proposed.......

.173, 391

SR 18, investigation of building contractors, defrauding veterans of World War IL..

.. .. 204

SR 19, Board of Regents requested to report number of students in each

institution, also tuition paid......... ....................................................

...... 204

SR 20, Congressional delegation requested to secure cooperative contracts

between state and federal government................................

..204

SR 21, General Assembly authorized to exempt veterans from

ad valorem and intangible tax................. ......................................

.. ........ 278, 320, 335-336, 340

SR 22, state properties commission authorized to sell tract of land in Baldwin County.................293

SR 23, Dunlap, James C., licensed as dental surgeon.............. ......... ............... ..........293, 407, 420

SR 24, Congress memorialized and nrged continuance of National School lunch program...302, 323

SR 25, joint committee to investigate and acquiring Atlanta Northern Rai1way

property for widening highway......... .

. .......................................

.......371, 392

SR 26, State Board of Corrections requested to correct the situation at state prison

.418

SR 27, United States Forest Service commended.... ..........

... .439

SR 28, par of U. S. highway No. I designated as Blue Star Drive....... .

.......327, 439

SR 29, General Assembly commends Georgia delegation in Congress for

passage of George-Barden Act..............................................

...511

SR 30, Enrolling, Engrossing and Auditing committee stay-over

...... 573

SR 31, Public Employment services, expenses provides for.........

..573

SR 32, President, Secretary of Senate and attaches stay-over.

...................573

SR 33, joint resolution to install Governor Thompson in office..... SR 34, ~essage from Governor Thompson. joint session.........................

.........595, 603 ..595, 604

SR 35, confirmations of appointees by Hon. Herman Talmadge, rescinded.................... .....

.696

SR 36, Secretary of state directed to return all bills and resolutions to Senate and House ...603, 612

SR 37, Family of Hon. Clarence T. Guyton, extended sympathy..............

.. ...... 613

SR 38, University of Georgia system, interim committee appointed....

................ 667

SR 39, chaplains, paid mileage................................

.. .... 730

SR 40, Secretary of Senate stay-over....................

.. .... 735

HOUSE BILLS

HB I, Commissioner of Revenue prohibited to run for Governor for

two years after term expires.....................................................................

.. ........120, 122, 2'69

HB 2, Municipal home rule, to establish optional systems for certain

cities..........................................................I78, 179, 252, 380-387, 411, 429-435, 461, 491, 508, 733-736

HB 5, Balwdin County, providing for election of chairman of Board of

C o m m i s s i o n e r s................................................................................... _..............

..89, 91, 207, 229

HB 6, Dodge county, appointment of certified public accountant.................................................112, 116

HB 8, sales tax authorized for additional revenue........373, 389, 560-567, 587-591, 652-654, 663, 664

HB 9, Camilla; city manager form of government provided for..................................l2'0, 122, 148, 156

HB 10, Bibb county, pension and retirement plan for employees................89, 91, 488, 616, 698, 759

HB 11, Milledgeville state hospital, fix salaries of employees............................................................204, 206

HB 13, election laws revised, setting up a

white primary............IOI, 103, 149, 159-160, 173-175, 181-183, 196-200, 215-216, 226, 231-232

HB 14, Barrow county, abolish office of county treasurer...........................- .................112, 116, 172, 181

HB 15, Paulding county, town of Van Wert. ..........................................................................89, 92', 143, 150

HB 16, Franklin County, create office of Commissioner of roads and

revenue......................................................................89, 92, 249, 262-263, 287, 490-491, 508, 534, 667

HB 17, attorney fees provided for hearings in all divorce suits for failing to pay

alimony................................................................................................................................l36, 139, 249, 272

HB .,J.8, venue of suits against non-resident administrators provided for.... I36, 139, 404, 453-454, 766

HB 19, Brief of evidence not neeesaary for motions of new triaL............................ I36, 139, 249, 283

HB 21, appropriations, for OPerating state................................................ llS, 114, 42'0, 497-502, 526-531

HB 22, Brunswick, city manager need not be a resident................................89, 92, 375, 409, 410, 508

784

INDEX

HB 23, Statesboro, amend charter..............................................................................................89, 92, 249, 263

HB 24, Bullock county, amend act creating board of commissioners................................89, 92, 249, 264 HB 2'6, Bullock county, abolish tax receiver and collectors office......................................90, 92, 250, 264

HB 26, Statesboro, amend act creating city court......................................................ll3, 115, 250, 264

HB 27, soldiers bonus, granted certain parties...........................................................:.......................-342, 344

HB 28, County boards of Education authorized to condemn private property for school purposes................................................................................................178, 179, 250, 283, 414

HB 29, time limit fixed for suits against motor carriers for freight over-charges............................................................................................204, 205, 387, 616, 695

HB 30, Laurens county sheriff and clerk of Superior court placed on salary............90, 92, 278, 301

HB 31, Muscogee county, health department of Columbus combined with county....90, 93, 149, 157

HB 32, Muscogee county, photostatic machine used for recording records..............113, 115, 128, 143 HB 34, Brantley county, provide for 4 terms a year of Superior Court....................310, 314, 364, 376

HB 37, Waynesboro, amend charter................................................. -------------112, 116, 149, 157 HB 38, Pulaski county, distribution of fund ........__________________________________________________............113, 115, 128. 144

HB 39, Statesboro, amend charter..............................................................................................90, 93, 192, 210

HB 42, Elbert county, vacancy in commissioner's otfic_e provided fqr..........................120, 122, 179, 194

HB 43, Lyerly, election of city officials held 2nd Monday in January bi-ennially......340, 344, 404, 422

HB 46, veterans, honorably discharged not to lose seniority with city or county

government........................................................................................................................186, 188, 404, 729

HB 47, Soperton, define corporate limits.............................................................................112, 116, 219, 251

HB 48, Warren county, tax receiver to be paid $350.00 annually in

addition to fees.................................................................................................................-136, 139, 257, 279

HB 51, Augusta, new charter for city of.....---------------------------------------------------------114, 117, 166, 162, 211 HB 52, Echols county, amend act establishing Board of Commissioners

of roads and revenue....................___________ ....................................--------------------------- .163, 166, 192, 210

HB 53, Court of Georgia given jurisdiction over non-resident motorist.................120, 122, 250, 283 HB 54, amend code section 38-1801, further right of impeachment..................187, 188, 283, 332, 356

HB 57, Guardian not necessary for wife to receive salary of judged insane employee....------------------------------------------------------------------------~---------------------204, 205, 250, 284
HB 60, Muscogee county, create municipal court for city of Columbus....................112, 115, 149, 157

HB 61, Columbus, pensions and retirement benefits for employees..............112, 116, 149, 158-159, 188

HB 62, Muscogee county, increase salary of solicitor general of Chattahoochee

circuit..........................................................------------------------------..........................................187, 189, 207, 229 HB 63, Muscogee county, deputy coroner appointed by coroner.................................. l13, 115, 128, 144

HB 64, Columbus, hospitalization insurance for city employees and families ........112, 116, 149, 157 HB 65, Columbus, city authorized to sell "Motts Green".......................................... l12, 116, 149, 157-158

HB 67, Richmond county, board of county registrars abolished....................................113, 115, 128, 144 HB 68, Richmond county, loitering at polls prohibited............................._______________________ l13, 114, 192, 210

HB 69, Richmond county, create county board of zoning appeals..............................l13, 115, 128, 143

HB 72, persons not required to join labor organizations to work..............

........287, 293, 3ZO, 355

HB 73, rights of any individual upheld whether they are members or

non-members of a labor organization..................................----------------------------288, 293, 320, 355 HB 75, administration of estates and probate of wills of missing persons provided....l87. 189, 442, 475

HB 76, conservator provided for estates of missing persons believed dead...............-189, 250, 284, 414

HB 79, Unlawful for persons to operate motorcycle on private grounds...................-187, 189, 207, 239

HB 80, fees of constables increased in their militia districts...

.............. 187, 189. 404, 454, 765

HB 82, Warrenton, salary paid to members of counciL.................................................-276, 277, 404, 422

HB 84, counties authorized to carry insurance on vehicles owned and operated by county____ l87. 189

HB 85, counties authorized to sue or be sued in court for damages received

by county-owned vehicles....................---------- ..............-----------------------------------187, 189, 356 HB 86, Public Safety Act, amended to increase issuance of licenses to 5 years......205, 206, 250, 284 HB 87, Clarke county, candidates for General Assembly to designate seat number..................l36, 139

HB 88, Athens, amend charter..........................--------

................................. ___162, 166, 192, 210, 447

HB 89, Gordon county, election of commissioner...........................------------------------------------------------136, 139 HB 90, Dooly county, ~ommissioner elected in each road district...................................-163, 166, 192, 211
m: m HB 91, Dublin, create board of Tax Assessors____________________________________________________________________222, 225, 279, 301
M~ ~~: ~~;:~~~- c~::,r:,~.i ~~:::;,;u~b!n~y~~ 1!~~ o;o~~!h-~-~~~- -~~~~~::::::::::::::::::::::::.1.~.7~-~~~~- ~W

M~ ~~ ~tstration add fual~fibj.tiho?- of voterhs, revision of...... ------------------------------- .. ......288, 299, 373 , any, amen ac es a 1s mg new c arter....................-------------......................288, 293, 327, 351
HB 99, sale of sulfanilamide group provided for in control of livestock

and poultry diseases.....................................................................................205, 206, 320, 355-356, 414

HB 100, Nelson, to incorporate and create new charter------------------------------------------120, 122, 193, 211-212

HB 102, Randolph county, appointment of clerk of commissioners....

..137, 140, 229, 251

HB 103, Elberton, appointment of city recorder..............................---------------------------------222, 225, 252, 264 HB 104, Pierce county, sheriff and clerk to receive same fees as clerk and

sheriff of superior court.........................--------------------------------------------------------------------241, 243, 350, 366

HB 105, County boards of commissioners authorized to levy taxes on fortune telling..225, 228, 404, 450

HB 106, Omega, extend city limits__________________________

----------- .............. _______ 162, 166, 193, 212

HB 107, regulate and prohibit sale of fireworks________________________ -------------------------

----------..310, 314

HB 108, Early county, revising office of Tax Commissioner. ................................... 137, 140, 193, 212

HB 109, Mcintosh county, create commissioner districts............ ------------------......137, 140, 193, 212-213

HB 110, Mcintosh county, create districts.......-------------------------------------------------------------137, 140, 193, 212 HB 111, Lincoln county, deputy sheriff to be appointed by sheriff ................137, 140, 419, 444

HB 112, Lincoln county, compensation for Treasurer------------------------ ................137. 140, 419, 445 HB 115, West Point, city authorized to sell certain property........................................ 162, 167, 179, 195 HB 116, priority of liens of judgments provided, for damages of common disaster....311, 314, 404, 450 HB 117, wearing of stripes by convicts, provided for ...____________, .......................................... 311, 314, 443

HB 119, Hospital Authorities of state authorized to invest monies from sale of

revenue certificates.....................

.......... .......................... .................... ..311, 315, 354tt 380

HB- 120, Temple, amend charter.............................................................

__________________163, 167, 179, 195

HB 122, Building Safety Council, to establish...._______ ..........................601, 608, 673, 676, 739-746, 747, 760

HB 123, Appling county, increase coroner's fees....................................

..137, 141, 207, 229-230

INDEX

785

HB 124 Richmond county, continuation of school system................................................163, 167, 193, 213

HB 126: Gambling and betting prohibited in any game------:------------------311, 316, 442, 4 4 HB 126, Stone Mountain Judicial cir!'uit, re-'?orter to retam all fees colleeted.........311, 316, 419, ~46

HB 127 Lithonia assessment of pavmg agamst real estate owners..........................288, 294, 328, 351

HB 128', DeKalb 'county, create bond commissioner for school district......................163, 167, 2"57, 280

HB 129, Lithonia, extend city limits........-------------------------------------------------------------.288, 294, 328, 351 HB 130 Lithonia fix mayor's salary and ad valorem tax rate........................................288, 294, 328, 361 HB 131' Carroll ~ounty, create board of one commissioner..........................................163, 167, 179, 195

HB 133' Wilcox county, abolish office of Tax colleetor and receiver.............-223, 22"5, 267, 280-281, 342 HB 134' Tift county, create and establish hospital board..................................................164, 167, 229, 251

HB 136: Tift county, change time for holding meeting of Board of

-

Commissioners...............------------.--------------------------------------------------------164, 167, 193, 215, 342

HB 139, Richmond county, eleetion of clerk of board of commissioners......................164, 168, 207, 230

HB 140, lUchmond county, regulation of sale of fireworks..........................................164, 168, 209, Z30

HB 142, Muscogee county, title vester to parts of block numbers 63 and 64................223, 226, 279, 301

HB 143, Hahira, registration of all people 18 years and above......................................288, 294, 406, 422

HB 144, Athens, election of civil service commission..........................................................163, 168, 193, 21a

HB 146, Athens, city attorney, eleeted by mayor and counciL.....................................163, 168, 194, 213

HB 146, Athens, police and fire departments put under civil service......................163, 168, 194, 210

HB- 148, Mitchell county, pensions paid employees for continuous

service of 35 years................................-----------------------------------------------------------------------164, 168, 208, 230

HB 149, Newnan, create retirement plan for city employees.............. ----------------------------164, 169, 194, 214 HB 150, Coweta county, board of commissioners to fix rules for pensions..........164, 169, 208, 230, 231

HB 161, Colquitt, repeal act incorporating city...----------------------------------164, 169, 194, 214 HB 162, Colquitt, livestock running loose prohibited within city limits......................164, 169, 194, 214

HB 163, Colquitt, mayor and council form of government..............................................166, 169, 194, 214

HB 164, Evans county, ordinary paid $'60 a month in addition to fees........................166, 169, 2'08, 231

HB 166, ClaYton county, fix salary of commissioner........................................................166, 169, 364, 376 HB 167, Clayton county, create office of county tax commissioner........................166, 170, 364, 376-377

HB 158, ClaYton county, create county planning commission and board of zonilllr

appeals..------------------------------------------------------------------------------------------------------------166, 170, 364, 377 HB 169, Houston county, provide distribution of fines of superior court................166, 1'/0, 208, 231 HB 160, Griffin, to provide a commission of 6 men............................................................340, 344, 420, 441

HB 161, Barrow county, clerk of Board of Commissioners paid $150.00 per month....241, 243, 320, 330

HB 162, State board of education to set salary schedule for bus dri;vers from

state funds...-------------------------------------------------------------------------------------..467, 461, 661, 696, 736, 737, 766 HB 166, Dalton, provide for control and management of public utilities......................604, 512, 577, 616 HB 166, Dalton, provide for eleetion of tax assessor..............................................165, 170, 194, 214-216

HB 167, McDonough, provide advance meeting of .Mayor and counciL....................166, 170, 194, 215

HB 168, Henry county, increase salary of clerk of Board of Commissioners............166, 170, 300, 321

HB 171, Telfair county, distribution of fines in Superior court......................................Z88, 294, 329, 352

HB 174, amend code seetion 113-1019, relating to appointment of appraisers...............-460, 462, 692 HB 175, Ordinary authorized to issue warrant of appraisement to appraisers

where administration of deceased person is pending...................................-461, 462, 553, 689

HB 176, County Boards of Education to furnish transportation of pupils 4 years....457, 462, 521, 729

HB 177, .Millen, amend Jaws establishing city court...--------------------------------------223, 226, 300, 677

HB 178, Abbeville, create new charter...........-------------------------------------------------------------------223, 2'26, 252, 265 HB 179, Abbeville, change time of electing mayor and counciL....................................223, 226, 252, 266

HB 181, Athens, change time fo' electing city officials.....-------------------------------------------------223, 22'6, 252, 266 HB 182, !APPrais~rs appointed from county where administration of estate of deceased

1s pendmg...----------------------------------------------------------------------------------------------------------------------.461, 462, 553, 692 HB 183, Peach county, distribution of excess fines in superior court-.........................................178, 179

HB 184, Chief drug inspector, additional duties added.......................................-458, 462, 553, 748-750, 766 HB 185, state board of Pharmacy, authorized to fix rules for licensing of

drugs and poisons......------------------------------------------------------------------------458, 462, 551, 750, 766

HB 187, Acworth, amend charter...------------------------------------------------------------------------------------------225, 228, 2'53, 265 HB 188, Bartow county, increase fees of coroner and sheriff...........------------------------------241, 243, 443, 469 HB 189, Georgia coastal scenic highway, to create..........................................479, 485, 652, 619, 693, 765

HB 190, Glynn county, pension fund for employees...---------------------------------------------------------289, 294, 443, 469

HB 193, Veterans Education Council, to create.......... --------------------------------------------------------569, 570, 616, 692

HB 194, Gainesville, establish civil service board................------------------------------------------------223, 226, 252, 266

HB 195, Hall county, judge and solicitor provided.....---------------------------------------------------------223, 226, 279, 301 HB 197, Teacher Retirement Act, amended.......................................................................534, 540, 573, 692

HB 198, Dodge county, sheriff and deputies paid salary in lieu of fees................................223, 227, 676 HB 199, Dodge county, repeal act providing for probation officer...................................223, 227, 676

HB 200, Dodge county, to provide appointment of special deputies sheriffs...........................289, 295

HB 201, Dodge county, repeal act establishing city court of Eastman....................................224, 227, 676

HB 202, Dodge county, county officers paid salary instead of fees....................................................224, 227

HB 204, county boards of education to subdivide school districts for local schools....413, 415, 442, 477 HB 205, Dodge county, deerease salary of city judge to $1,800 per annum........................224, 227, 676

HB 206, Dodge county, salary of solicitor $1,800 per annnm................................................224, 227, 676

HB 207, Laurens county, to incorporate the town of East Dublin..............................224, 227, 253, 266

HB 208, Warner Robins, tax levy increased 10 mills............................................................289, 295, 32'8, 352

HB 209, Gwinnett county, salary of county Treasurer $200 per month

instead of commissions.................................................................-............................224, 228, 279, 302

HB 212, insurance companies required to hold real estate for rentin11: purposes.......460, 463, 521, 691

HB 213, Board of Directors of insurance companies, to increase memberships.....457, 463, 522, 691

HB 214, Home rules in counties, to provide............................................598, 605, 614, 676, 724, 725, 766

HB 216, Bibb county, stenographer employed to transcribe evidence at

coroner's inquest.......------------------------------------------.241, 243, 329, 362 HB 217, Danielsville, amend charter.....................................................................................-289, 296, 328, 352

HB 218, Valdosta, pension for certain employees.......--------------------.289, 296, 406, 423

HB 219, Lowndes county, fix term and election of members of B-oard of

Commlssioners...--------------------------------------------289, 296, 562, 579

786

INDEX

HB 220, Jenkins county, fix compensation of tax commissioner.

................2:?4, 228, 300, 677

HB 221, Baker county, increase bond of sheriff...................................................................311, 316, 443, 469

HB 222, Troup county, increase coroner's fees in inquests................... ................... 311, 315, 419, 445

HB 223, veterans, blind or disabled given right to conduct business

without license.............................................................................................................479, 486, 676, 729

HB 2'25, Columbus, authorized to sell part of 7th Ave.......................................................289, 296, 328, 353

HB 226, Marietta, amend charter relating to business licenses....................................224, 228, 253, 266

HB 2'27, Fulton county, fix salary of solicitor general and assistants............................241, 243, 366, 377

HB 228, Valdosta, city to sell bonds for school purposes................................................289, 296, 406, 423

HB 229, "Motor Fuel Tax" law amended..............................................569, 570, 614, 693-695, 733, 735, 747

HB 230, Stone Mountain judicial circuit, fix salary of solicitor generaL....................393, 396, 419, 445

HB 231, Fulton county, salary of judge of juvenile court set at $8,500.00 per annum..Z41, 243, 405, 423

HB 235, Gainesville retirement fund amended......................................................................224, 228, 253, 266

HB 238, motor vehicles on state-aid roads, regulate parking of............................504, 512, 554, 688, 766

HB 239, Montgomery county, distribution of fines in superior courts............................2'42, 244, 321, 330

HB 240, Wilcox county, fees for coroner and jurors provided for..............................242, 244, 257, 280

HB 241, Sylvester, polls in city elections to be kept open from 8 a.m. to 6 p.m.....289, 296, 328, 353

HB :?42, amend code section 56-905, relating to annuity contracts................................ 461, 463, 622, 691

HB 243, motor vehicle insurance, casualty rates regulated..................................481, 485, 622, 669, 765

HB 244, insurance rates for fire, marine or inland marine, regulated............481, 486, 522, 661, 766

HB 246, Bremen, increase tax levy..

....................................................

.......341, 346, 376, 408

HB 247, Pickens county, amend act incorporating the town of Jasper..............226, 247, 2'53, 266-267

HB 250, state public schools, amend retirement system for teachers............................534, 540, 614, 689

HB 261, Quitman county, abolish board of commissioners..........................................290, 296, 365, 377

HB 252, Quitman county, create office of Commissioner of roads and

revenue........

-- ......................................290, 296, 365, 377, 391, 410-411, 508

HB 2'53, Vienna, zoning and planning laws authorized..................................................276, 277, 405, 423

HB 254, Director of Entomology, governor authorized to fix salary..............................534, 540, 574, 659

HB 255, insurance companies required to publish duplicate of the short form

report made to Governor..............................................................................................601, 604, 672, 729

HB 258, Pulaski county, increase salary of clerk of the Board of Commissioners....242, 244, 405, 423

HB 259, Pulaski county, provide election of Treasurer..................................................311, 315, 405, 424

HB 260, Pulaski county, to provide fees for coroner............................................................ 31Z, 315, 406, 424

HB 261, Elbert county, abolish office of Tax receiver and collector .290, 296, 443, 469-470, 670

HB 263, Fitzgerald, establish new charter....................

.......

.......290, 296, 328, 353

HB 264, Putman county, sheriff paid salary of $'100.00 per month in

addition to fees. .............................................. ...................................... ..........393, 396, 443, 700-701

HB 265, assessments and issuance of bonds for street improvements

payable annually in equal installments........................................................479, 485, 554, 688, 766

HB 266, Waverly Hall, mayor given right to levy tax to maintain a cemetery............290, 297, 406, 424

HB 267, Alpharetta, fix tax rate and salary of Mayor...................................................290, 297, 329, 353

HB 268, Middle Judicial circuit, fix salary of court reported at $200 per month..........393, 396, 489, 525

HB 269, Dalton, to define rights and powers......................................................................504, 612, 576, 617

HB 270, Dodge county, tax receiver and collector duties consolidated......................31Z, 316, 365, 378

HB 271, Wilcox county, board of commissioners to consist of 6 members.............T290, 297, 366, 378

HB 275, Clinch county, election of officials provided for...................................... 312, 316, 406, 424-425

HB 281, "Registration of divorces and annulments of marriage" act repealed....534, 540, 576, 689

HB 283, Grady cou!'tJ: abolish office of tax receiver and create office of

tax commJssJoner..........................................................................................................290, 297, 419, 446

HB :?84, Chatham county, fix terms for holding superior court..................................312, 316, 365, 378

HB 285, Chatham county, voting machines provided for.......................

..............312, 316, 365, 378

HB 286, Chatham county, voting machines provided for ...............................................312, 316, 366, 379

HB 290, Cook county, increase board of commissioners to 7 members......................290, 297, 519, 556

HB :?91, Decatur, increase salary of Judge and solicitor............................................291, 297, 329, 354

HB 29:?, DeKalb county, fix salary of commissioner................ .......................................291, 297, 354

HB 293, DeKalb county, change salaries of county officers

....291, 298, 329, 354

HB 294, Decatur, tax levy for school purposes...

- ......291, 298, 360, 366'

HB 295, Stone Mountain, amend charter......................................................................................291, 298, 356

HB 296, Clarkston, property owners assessed for constructing sewers............... ....:?91, 298, 329, 354

HB 297, Decatur, property owners assessed for constructing sewers......................291, 298, 350, 366

HB 299, county authorities required to pay premiums for surety bonds on officials....480, 486, 615, 691

HB 301, Hapeville, given additional territorial jurisdiction............................................291, 298, 350, 367

HB 302, Hapeville, 4 ,year term of mayor.....................................

..............292, 299. 360, 367

HB 303, Hapeville, create city manager plan ......................................................................292, 299, 360, 367

HB 306, Schley county, fix compensation of tax commissioner......................................341, 346, 406, 426

HB 308, corporation act, amended by changing principal office by amendment........467, 463, 562, 690

HB 310, Atlanta, to provide for jurors and their pay......................................................461, 463, 489, 526

HB 311, Fulton county, department of public welfare may invest funds

from tax levy..................................................................................................................312, 316, 419, 446

HB 312, Monroe county, increase salary of tax commissioner......................................317, 313, 360, 367

1!:: m HB 313, Valdosta, abolish office of Mayor and provide for commission-
~~ m: FJi::~:'t!~F~~~t{y~:~~bE~:;;:::;~:::::::::::::::::::::::::::::::::::::~::::::::::::~::::::~:::::~1~:: :~l

HB 322, Macon county, abolish city court of Oglethorpe................................................323,, 3:?4, 366, 379 HB 323, Macon county, abolish offices of tax collector and receiver and create
office of tax commissioner........................................................................................341, 346, 406, 426 HB 324, Atlanta, revoke term of office for chief of sanitary department..................359, 363, 443, 678
HB 326, Atlanta, repeal charter provisions effecting tax levies.................................... 369, 363, 443, 471 HB 329, Fulton county, employees transferred from one department to another
HB 337, ~i!~rU:.~ ~':'o~i~n=J;~~--~;;;-~i~~i~;;-..._:....:::::.::::::.:::::.__-...:__:.:__:.:..5_6~:...~~~:..~~~:.3~~:-~~~: ~~~
HB 338, Long county, clerk of Board of commissioners raised to $75 per month........393, 396, 489, 526
HB 339, Bibb county, establish board of commissioners....................................................341, 346, 566, 680

INDEX

787

HB 342, Lincoln county, referendum provided for before malt beverage legaL.........32'3, 325, 420, 446

HB 344, Union county abolish offices of tax collector and receiver and create office of tax director......................................................................................341, 345, 489, 523

HB 348, Warren county, clerk of superior court authorized to hire deputy........................341, 345, 425

HB 349, State board of Embalmers and Funeral Directors, to create............534, 540, 574, 695, 725-726 HB 353, Fulton county~ transfer from municipal fire and police department to

county departments of same....................................................................................460, 464, 489, 523 HB 355, Tallapoosa, tax asses~ment provided for school purposes..............................341, 346, 376, 408

HB 357, Bremen, mayor to levy new taxes for school purposes..- ................................342, 346, 376, 409

HB 356, Bremen, mayor authorized to make assessments for sanitary purposes......341, 346, 376, 409

HB 360, corporations authorized to fix rate of dividends and term of payment..........601, 608, 673

HB 362, Valdosta, increase in tax levy for school purposes.....................................:.... 458, 464, 652, 580

HB 363, Norristown, to incorporate town and define limits....................................504, 612, 652, 580

HB 368, Abbeville, mayor given power to grant assessments.................................... 342, 346, 406, 42"6

HB 369, Chatham county, tax collector to furnish identification certificates to

registered voters..................

.......................................................................504, 512, 574, 617

Hll 370, Chatham county, salaries of officers not to exceed $6,500 per year..........504, 512, 574, 617

HB 371, Chatham county, police court change punishments or sentences..................394, 397, 616, 678

HB 372, Chatham county, mayor authorized to appropriate sums to pay portion of
premiums in group insurance......................................................................................394, 397, 614, 688 HB 373, Savannah, amend charter relative to mayor and alde~man............................504, 513, 674, 681

HB 374, Savannah, to create a personal board in city of................................................ 394, 397, 614, 678

HB 377, Chattooga county, fees of sheriff and clerk fixed............................................342, 346, 406, 426

HB 378, Chattooga county, Board of Commissioners required\to publish expense

accounts..............................................................................................................................342, 346, 406, 426

HB 380, Carnesville, selling of bonds authorized for improving city............................342, 346, 406, 426

HB 381, Midville, change time for holding the election of Mayor................................394, 397, 443, 471 HB 382, DeKalb county, to establish a department of lnvestigation........................394, 397, 419, 446

HB 383, Cobb county, increase salary of coroner........:.....................................................635, 540, 615, 679

HB 384, Chatham county, to amend pension board.........................................................535, 541, 574, 618

HB 388, Bibb county, create a joint city-county board of Health......................535, 541, 677, 646-648

HB 389, Bibb county, to set up a zoning and planning board for city and county....635, 577, 649-650

HB 390, Griffin, retirement act amended................................................................................458, 464, 555, 580

HB 391, Macon county, voters of a district to nominate the commissioners in

primaries...........................................................................................................................505, 513, 552, 581

HB 396, Columbus, granted authority to establish bus terminaL................................458, 464, 490, 52'3 HB 405, Adairsville, change city limits..............................................................................458, 464, 519, 557

HB 406, Eastman, property not returned for taxation penalized

10% of amount............................................................................................-.....................459, 466, 614, 679

HB 407, Athens, time fixed for salary increases for officers and employees........479, 486, 519, 567

HB 409, Fulton county, to change the working days for city firemen....598, 605, 673, 713-718, 758, 759

HB 413, Forrest Park, fix term of mayor and aldermen................................................459, 465, 655, 581 HB 414, Thunderbolt, mayor authorized to close one street.........................................479, 486, 520; 557

HB 416, Fannin county, increase salaries of commissioners and clerks....................505, 513, 555, 581

HB 417, Newnan, zoning regulations provided....................................................................469, 465, 577, 618

HB 421, Bleckley county, increase salary of elective officers.......

..506, 513, 552, 681

HB 429, Richmond county, to prohibit loitering near polls.. ......................................505, 513, 614, 679

HB 431, county boards of education of independent systems to deduct from teachers retirement pension........................................................................................................601, 604, 673, 748

HB 433, Cedartown, city court given jurisdiction over children 16 years of age....45.9, 465, 490, 523

HB 435, Richmond county, board of trustees to convey property to State Department of Public Welfare.........................................................~......................669, 571, 613, 678

HB 437, Public Service CQllllllission to negotiate with other states for contracts

of motor carrier license..............................................................................................6Q1, 604, 672, 748

HB 438, Macon, amend pension system................................................................................459, 465, 489, 524

HB 443, Wrightsville, to provide referendum for refunding and retiring present bonded indebtedness....................... ~ .................................................535, 541, 577, 650-652
HB 444, Doraville, provided new charter...............................................................................461, 465, 489, 524

HB 445, Stone Mountain, extend city limits........................................................................459, 465, 490, 524

HB 447, Charlton. county, to fix salaries of clerk and commissioners............... ...505, 513, 554, 582 HB 449, hunting of wild deer or turkey prohibited in Turner or Worth county

for 5 years.......... .................... ............

..459, 466, 490, 524

HB 451, Blackshear, to revise the charter............................................................................505, 514, 553, 582 HB 452, Savannah court to try criminal offenses against the laws of Georgia........569, 571, 613, 680

HB 454, Honey bees restricted to eradicate bee disease....................................................535, 641, 574, 690 HB 456, Savannah, to abolish city court................................................:...._.......................570, 571, 613, 679

HB 457, Eastern Judicial circuit, to provide an additional judge......................................535, 641, 615, 680

HB 458, state highway department to pay for right of way when not used

for highway purposes in 3 years...--535, 542, 575, 690 HB 459, state highway department and counties granted right of way to make

surveys for road purposes...................................................----536, 542, 576, 690 HB 462, East Point, provide when benefits are to be paid disabled employees..........479. 486, 520, 575

HB 463, East Point, salary of aldermen not to exceed $100 per month........................598, 605, 674, 701

HB 464, East Point, term of mayor changed from 2 years to 4 years......................480, 486, 520, 558 HB 466, Columbus, city to grant pension to employees disabled while working............459, 466, 490, 525

HB 469, Atlanta, suburban areas annexed by a referendum to the people..................480, 486, 520, 558

HB 470, Atlanta, to extend police powers to new areas included

in corporate limits......................................................................480, 487, 520, 568, 667, 701-702, 764

HB 471, Fulton county, increase salary of chief judge..........................................- ....598, 605, 674, 701

HB 472, Fulton county, councilmen and aldermen to resign before taking

other l>OSitions...................................................................- .......................................................570, 671, 676

HB 478, East Point, to annex several lots....................--.598, 606, 674, 701 Hll 474, Brunswick, to extend city limits.......................................................- ...................480, 487, 566, 682'

HB 475, :Meigs, extend city limits-------480, 487, 658, 682

788

INDEX

HB 476, Elbert county, increase fees of coroners....................................................................606, 614, 615, 680 HB 477, Gwinnett county, Treasurer to receive salary in addition to commissiona....505, 514, 555, 583 HB 478, ROl!Sville, to provide for a mayor and council form of government..........505, 514, 555, 583 HB 479, Cedartown, extend limits and eliminate division of city into wards......480, 487, 520, 558 HB 481, Glynn county, commissioners authorized to levy a tax for school purposes....506, 514, 555, 583 HB 482, Ailey, to provide pavement of streets and manner of Payment.....,................480, 487, 520, 559 HB 485, Thomaston, method changed for tax assessments and collections............480, 487, 520, 559 ,HB 486, Clarke county, to prohibit solicitation of votes.................................................506, 514, 553, 583 HB 488, Macon, members of police or fire departments may become
a member of other organizations.............................................................................................536, 542 HB 489, Columbus, to extend limits by adding 12 acres..................................................481, 487, 521, 559 HB 490, planning district, to establish for Meriwether, Harris and Talbot counties..481, 488, 613, 680 HB 491, Berrien county, to sell "county form".....................................................................-506, 514, 555, 584 HB 492, Berrien county, increase commissioners from 3 to 9............................................506, 515, 556, 584 HB 493, Reidsville, to incorporate and write new charter............................................506, 515, 556, 584 HB 494, Chatham county, to install photostatic equipment..........................................506, 515, 574, 618 HB 495, Carrollton, to extend city limits ............................................................................... -506, 515, 554, 584 HB 496, Hapeville, to extend city limits................................................................598, 605, 675, 718-721, 764 HB 497, College Park, to annex territory in Fulton and Clayton counties............598, 605, 677, 722 HB 498, College Park, increase ad valorem tax.............................~---....................................599, 606, 675, 72'2 HB 499, College Park, amend civil service law......................................................................599, 606, 675, 723 HB 500, open season for taking shad fixed February 1, until April 15........................................506, 515 HB 502, Auburn, to create new charter..........................................................................599, 606, 608, 675, 723 HB 504, Brunswick, increase salaries of judge and solicitor..........................................507, 515, 554, 585 HB 505, divorce laws of Georgia amended..................................................................536, 542, 575, 755-756 HB 507, Omega, increase tax levy................................................................................600, 608, 678, 675, 723 HB 508, Milan, to create new charter....................................................................................507, 515, 553, 585 HB 509, Telfair county, increase salary of clerk of commissioners..........................507, 516, 553, 585 HB 510, Habersham county, fix place and time for holding city. court..........................507, 616, 554, 586 HB 512, Habersham county, bunting season for squirrels extended from
Nov. 1 to Feb. 1......................................................................................................................507, 516, 551 HB 513, Calhoun county, commissioners required to publish quarterly statements
of expenditures..................................................................................-...........................507, 516, 554, 586 HB 514, Calhoun county, to create office of Tax Commissioner....................................507, 516, 554, 586 HB 516, Villa Rica, extend city limits................................................................................507, 516, 554, 586 HB 517, Rabun county, towns not functioning under their charter may surrender
charter and dissolve power......................................................................................536, 542, 613, 689 HB 518, Newnan, to extend city limits............................................................................................599, 606, 672 HB 519, Clarkesville, amend charter........................................-...............................................536, 542, 576, 618 HB 521, Jesup, mayor authorized to levy tax......................................................................536, 543, 613, 681 HB 522, Public Safety Department amended so one troop will not
HB &23, ~':'~:n,0ftom~;!vi1~a':.e~0ch'::~~----~-----~_-_-____-~_-______~~----_-_-_-_-___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_--_- __-_-_-_-_-_-_-_-_-_-~~~. ~~~: ~I~: ~~~

HB 524, Cleveland, to provide new cbarter..............................................................................536, 543, 576, 619

HB 525, DeKalb county, to create a pension and retirement pay for

employees............................-...............................................................................536, 543, 615, 684-685, 765

HB 526, Fulton and DeKalb counties, to establish a metropolitan

planning district....................................-...................................................................537, 543, 613, 681

HB 527, Hancock county, officers to designate the official organ for publishing

legal advertisement-.....................................................................................................537. 543, 575, 619

HB 528, East Point, amend charter to benefit veterans....................................................599, 606, 675, 723

HB 529, East Point, to re-incorporate city............................................................599, 606, 673, 705-712, 764

HB 530, East Point, incorporate west of Stewart Ave. and south of



Lakewood Rd............................................-....................................................599, 607, 674, 721-72'2, 764

HB 531, College Park, extend city limits.................................................................................................599, 607

HB 532, Tattnall county, to abolish offices of tax receiver and tax collector......537, 544, 575, 619

HB 534, Atlanta, amend charter, to enlarge corporate limits............................600, 607, 674, 703-705, 764

HB 535, College Park, to establish ward boundaries..........................................600, 607, 674, 712-713, 765

HB 538, Marion county, sheriff paid $50.00 a month in addition to fees..................600, 607, 675, 724

HB 541, Fulton county, to create an airport authority............................................600, 607, 675, 713, 765

HB 542, Fulton county, concession privileges granted in buildings belonging

to county............................................................................................................................600, 608, 674, 724

HB 546, Pavo, to provide for election and terms of mayor and 5 councilmen........600, 608, 674, 724

HOUSt RESOLUTIONS
HR 5, election returns, to canvass................................................................................................................18, 19 HR 15, joint session to hear message from Governor Talmadge........................................................49, 50 HR 16, March of Dimes Week, set aside..............................................................................................................60 HR 27, Eugene Talmadge memorial association, to create..............................................205, 206, 251, 272 HR 28, Andrews, Mrs. Lillian and others, paid damages................................................277, 376, 435-437 HR 29, United Spanish War Veterans memorial highway designated........................311, 317, 407, 450 HR 32, Ga. Tech and University of Georgia football bands given assistance....................120, 302, 343 HR 34, DeKalb county, election of county board of Education members............537, 544, 578, 644-646 HR 35, DeKalb County, given right to repair streets with
15% of voters' consent........................................................................................537, 544, 578, 620-62'2 HR 42, Pickens county, state librarian to furnish three sets of reports................392, 397, 444, 473 HR 44, Clarke county, state librarian to furnish volumes of supreme court
and court of appeals............................................................................................392, 398, 444, 473-474 HR 61, Fulton county, to levy a tax on part or ali real properties..................537, 544, 578, 622-623 HR 62, Johnson county, state librarian to furnish certain reports......................392, 398, 444, 472-473

INDEX

789

HR 65, Lowndes county, commissioner of Agriculture to contract for food processing plant............................................................................................................392, 398, 44<&, 474
HR 67, DeKalb County, revenue anticipation obligations may be issued
for stadium or grandstands................................--------------.588, 54<&, 578, 623-626 HR 70, Bibb county, repeal amendment to Article 7, Section 4,
paragraph 15 of 1945 constitution.........................-----:.......588, .5(4, 577, 625-627 HR 73, Hon. :Margaret Chase Smith to address General Aasembly............-------------318, 357 HR 74, Tax laws, committee to revise.........................................................................._..................602, 609, 677 HR 77, Bulloch and Bryan counties, state to survey and establish true line....392, 398, 477, 526, 620 HR 82, Governor authorized to execute .contracts with federal government,
for portion of W. & A. Railroad tract in Bartow county............................-----------392', 398, 490 HR 83, Spalding county, divided into school diatricta.........-------------588, 544, 578, 627-629> HR 87, Hon. :Max T. Noah and members of A'Capella choir thanked.............----360, 870.371 HR 88, Department of State Parks, authorized to purchase Waco
military reservation......-------------------------------~-393, 398, 444, 475-477, 662 HR 89, Gold Star :Mothers to erect monument to sons and daughters who
lost their lives in World War IL.........................................................-------------726 HR 90, Polk County, board of education composed of nine members_____________li38, 545, 578, 630-632
HR 92, :Muscogee county school systems merged........................................................li38, 545, 576, 632-636 HR 93, Governor authorized to receive memorial commemorating
deceased Hi-Y and Tri-Hi clubs members................................................................................393, 403 HR 95, Congressmen of Georgia urged to continue national school lunch program............393, 403 HR 96, Fulton county, to collect business liceuses.........................------538, 545, 578, 636-638 HR 97, Fulton county, extension of civil service system.................---------538, 545, 578, 638-640 HR 98, DeKalb county, board of education to levy tax for school purposes..539, 645, 579, 640-642
HR 100, Rich's thanked for their interest in the State........................-------------------459 HR 101, game and fish and conservation, joint committees thanked for tour..........................460, 466 HR 103, Board of Regents requested to conduct public hearinp on location of veterinary college....450
HR 104, Clinch county, divided for school districts........................---------539, 545 HR 105, :Muscogee county, consolidation of Departments of Health....................539, 546, 576, 642-644
HR 107, U. S. Forest service, commended by General AssemblY--------------------------482, 488 HR 108, Georgia's delegation in Congress commended for support of Geo11re-Barden Act....509, 526 HR 109, Georgia's school system, continuation of survey..............................................................509, 516 HR 116, Governor Thompson to address joint session.................................-------------------603, 609 HR 119, Congress petitioned to maintain a floor of 90% of parity
on all basic farm crops............................................................................-------------602', 609, 615 HR 121, Public Employment Services, funds provided for to June 1948---------------------------603, 609, 616 HR 123, Secretary of State directed to return all bills and reaolutions..................................608, 609 HR 130, notify Governor, General Assembly ready to adjourn sine die................................................759
HR 131, sine die adjournment............---------------------760, 767
I