Journal of the Senate of the State of Georgia at the extraordinary session commenced at Atlanta, Monday, September 27, 1948 the extraordinary session commenced at Atlanta, Tuesday, November 16, 1948 the regular session commenced at Atlanta, Monday, January 10, 1949 the extraordinary session commenced at Atlanta, Monday, July 18, 1949 and the regular session commenced at Atlanta, Monday, January 16, 1950

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, September 27, 1948
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Tuesday, November 16, 1948
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 1949
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, July 18, 1949 AND
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 16, 1950
1950
DARBY PRINTING COMPANY ATLANTA, GA.

OFFICERS
OF THE
STATE SENATE
1949-1950
PRESIDENT S. MARVIN GRIFFIN____________________________________________Lieutenant Governor
DECATUR COUNTY
SPENCE GRAYSON______________________________________________President Pro Tern.
CHATHAM COUNTY
GEORGE D. STEWART-------------------------------- __________________________Secretary
FULTON COUNTY
LAMONT SMITH______________________________________________________Assistant Secretary
TATTNALL COUNTY
ERIC HOLMES ---------------------------------------------------------------- Reading Clerk
FULTON COUNTY
EDNA LACKEY________________________________________________________________Journal Clerk
FULTON COUNTY
ANNE DUNCAN----------------------------------------------------------Calendar Clerk
FULTON COUNTY
ZACK D. CRAVEY, JR.__________________________________________________________Messenger
DEKALB COUNTY
TRAVIS B. STEWART____________________________________________________Message Clerk
FULTON COUNTY
A. PERRY GRIFFIN____________--------------------------------------------------Doorkeeper
DEKALB COUNTY

1 1 1 1 1
1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 1

Senate Journal
EXTRAORDINARY SESSION

Senate Chamber, Atlanta, Georgia.
Monday, September 27, 1948.
The Senate met in the Senate chamber at 10:00 o'clock pursuant to the call of His Excellency, The Acting Governor, and was called to order by the presiding officer.
Scripture reading and prayer was offered by the Chaplain, Rev. A. M. Pierce.

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

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell 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 Woodall Yates

Senator Odom of the 9th did not answer to her name.
The presiding officer, Senator Dean of the 34th District, briefly addressed the Senate.
The following proclamation of His Excellency, the Acting Governor was read by the Secretary:

6

JOURNAL OF THE SENATE,

State of Georgia "Executive Department M. E. Thompson, Acting Governor Phil M. Landrum, Executive Secretary
Atlanta

A PROCLAMATION
CONVENING THE GENERAL ASSEMBLY OF GEORGIA
IN EXTRAORDINARY SESSION
WHEREAS, Freedom of choice in the selection of public officials is necessary for the preservation of our democracy, and
WHEREAS, under the present laws of the State of Georgia there exists confusion over the question of whether the names of the candidates for President and Vice President of the United States must be placed on the official ballot along with the names of the party electors and party designation, and
WHEREAS, under the present laws of the State of Georgia there are certain statutory requirements which make it difficult, if not impossible, to provide for the inscription of the names of party nominees, electors and party designation upon the official general election ballot, thereby defeating the free choice of all the people in giving expression to their selection of individual nominees, electors and party designation for the office of President and Vice President of the United States, and
WHEREAS, no official public information has been made to insure the qualified voters of this State the right to have their choice for President and Vice President of the United States recorded by the electors of any political party, and
WHEREAS, the foregoing situation gives rise to an extraordinary occasion requiring immediate and positive action on the part of our legislative branch of government:
NOW, THEREFORE, the premises considered, I, M. E. Thompson, Acting Governor of Georgia, under and by virtue of the power and authority conferred upon me by the Constitution of this State as set forth in Article 5, Section 1, Paragraph 12 (2-3012) thereof, do hereby convoke the General Assembly of Georgia into extraordinary session at ten o'clock, A. M. (EST), September 27, 1948, for the object of considering and enacting legislation relating to only the SIJ.)>ject matter more specificially stated as follows:
ONE, providing for the mandatory inclusion of the individual names of , candidates for President and Vice President of the United States, along with
the names of the electors and party designation on the official ballot for the general election,
TWO, providing for the electors of any political party to cast their votes only for the nominees of their party designation,
THREE, providing for the repeal of that portion of the present State law, Code Section 34-1904 as amended, which reads as follows: "Provided, further that such candidate shall also file a petition for that purpose signed by not less than five per cent of the registered voters in that territory or

MONDAY, SEPTEMBER 27, 1948

7

that such political party shall have cast no less than five per cent of the votes in the last general election next preceding for the election of such officer,"
FOUR, providing for an amendment to Code Section 34-1904, as amended, so that certification of nominees of a political party or candidates may be made not later than twenty days before the general election.
FIVE, providing for such other legislation as may be deemed necessary to accomplish the foregoing subject matter specifically and not otherwise.
GIVEN under my hand and the Great Seal of the State of Georgia, at the Capital City of Atlanta, on this the twenty-fifth day of September, Year of our Lord One Thousand Nine Hundred and Forty-eight.
M. E. Thompson,
Acting Governor

By the Governor Ben W. Fortson, Jr., Secretary of State

Georgia, Fulton County:
The undersigned as Secretary of the Executive Department of the State of Georgia, hereby certifies that the above and foregoing is a true and correct transcript of an order, writing or document, signed by the Governor of said State and of record in this department.
This 27th day of September, 1948.
Phil M. Landrum,
Secretary Executive Department

I am instructed by the House to notify the Senate that the House has convened and is ready for the transaction of business.
The House has adopted the following Resolution, to-wit: HR 2. By Mr. Elliott of Muscogee:

"Be it resolved by the House, the Senate concurring, that a committee of five, three to be appointed by the Speaker of the House and two by the President of the Senate, to notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is now ready for the transaction of business."

The Speaker has appointed a Committee, on the part of the House, the following named Members of the House to-wit:

Mr. Harrison of Jenkins Mr. Nightingale of Glynn Mr. Greer of Lanier

8

JOURNAL OF THE SENATE,

The following communication from the Secretary of the State was read:

State of cteorgia Department of State Ben W. Fortson, Jr., Secretary of State Joe N. Burton, Chief Clerk
Atlanta September 27, 1948
President of the Senate General Assembly of Georgia State Capitol Atlanta, Georgia
Dear Sir:

The records in this office, as filed by the Executive Department under Executive Orders, show that the following members of the General Assembly, the Senate and the House, have either resigned their positions or have died since the last session of the General Assembly:
SENATE
J. F. Darby, Sr., 15th Senatorial District F. A. Sams, 26th Senatorial District T. D. Williams, 31st Senatorial District Walter W. Branch, 47th Senatorial District Frank M. Arnold, 50th Senatorial District
HOUSE
J. A. Tuten, Appling County J. Brantley Johnson, Jr., Bulloch County B. A. Manous, Cherokee County Jim Gibbons, Clay County John B. Glisson, Evans County E. 0. Dobbs, Jr., Gwinnett County Glenn S. Phillips, Columbia County Alpha A. Fowler, Jr., Douglas County J. L. Holbrook, Forsyth <:;ounty Charles (Buddy) Battle, Schley County Stafford Brooke, Whitfield County

I hope that this information will enable your body to successfully complete its session.
Very sincerely yours, Ben W. Fortson, Jr.,
Secretary of State

MONDAY, SEPTEMBER 27, 1948

9

The following bill was read and referred to the Committee:
SB 1. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the names of the candidates for President and Vice President of the United States to be inscribed upon the official ballots to be used in the general election and for the names of such candidates to be inscribed upon said ballots in a column with their party designation in a separate and distinct column from the column containing the names of the candidates for other offices; to provide that a notice of such candidacy shall be given at least twenty (20) days prior to the date of the general election; to amend an act approved March 20, 1943 (Ga. Laws 1943, p. 292) entitled "Elections-Candidates, Ballots", which provides that candidates for office must file a petition from not less than five ( 5) percent of the registered voters of the territory or that the party nominating them shall have cast not less than five (5) percent of the votes for that office at the last general election, so that said Act as amended shall not apply to candidates for President and Vice President of the United States; to provide that electors shall cast their votes for their respective party nominees for President and Vice President; to provide for method of certifying names of candidates for electors to the Secretary of State; to repeal all laws and part of laws in conflict herewith; and for other purposes.
Referred to Committee on State of Republic.
The presiding officer appointed a committee to prepare a resolution expressing condolence upon the passing of Senator J. F. Darby, Sr.
The following were appointed:
Senators Wideman of the 46th, Millican of the 52nd and Woodall of the 25th.

The following resolution was read and adopted:

HR 2. By Mr. Elliott of Muscogee:
A House resolution, the Senate concurring that a committee of five, three to be appointed by the Speaker of the House and two by the President of the Senate to notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is now ready for the transaction of business; and for other purposes.
Due to deaths and resignations, Senator Dean, presiding officer, made the following appointments to the Committees:
Auditing Committee: Senator Callaway of the 35th, Chairman Senator Parker of the 54th, Vice Chairman
Enrolling Committee Senator Logan of the 33rd, Vice Chairman Senator Tippins of the 48th and Odum of the 9th

The following resolutions were read and adopted:

SR 1.

By Senator Millican of the 52nd:
A resolution providing for the per diem of the President's and Secretary's of the Senate attaches; and for other purposes.

10

JOURNAL OF THE SENATE,

SR 2.

By Senator Millican of the 52nd:
A resolution to notify the House that the Senate has convened and is now ready for the transaction of business; and for other purposes.

The presiding officer appointed on the part of the Senate:
Senators Callaway of the 35th and Mason of the 30th.
Senator Weaver of the 51st moved that the Senate do now adjourn and the motion prevailed.
The presiding officer announced the Senate adjourned until 11:00 o'clock tomorrow morning.

TUESDAY, SEPTEMBER 28, 1948

11

Senate Chamber, Atlanta, Georgia. Tuesday, September 28, 1948.

The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the presiding officer.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Pannell of the 43rd reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Dean of the 34th, the presiding officer, asked unanimous consent that the regular order of business be dispensed with and the consent was granted.

The following resolution was read and unanimously adopted: By : Senator Millican, 52nd District
Senator Wideman, 46th District Senator Woodall, 25th District

A RESOLUTION
WHEREAS, since the last regular session of the Senate, Almighty God in His infinite wisdom has seen fit to call to his reward the distinguished Senator from the 15th District, Honorable J. F. Darby, Sr., and
WHEREAS, in the death of Senator Darby the entire State of Georgia has sustained a great loss, and
WHEREAS, each member of this body will miss his smiling countenance, his rare judgment and ability on all matters pertaining to the welfare of the State which he loved and served,
THEREFORE, BE IT RESOLVED by the Senate that we deeply deplore the death of this outstanding Georgian and fellow member and that by this resolution we express to his family our deepest sympathy in their great loss.
BE IT FURTHER RESOLVED that this resolution be placed on the Journal of the Senate and that the Secretary of the Senate furnish a copy of same to the family of Senator Darby.
Read and unanimously adopted September 28th, 1948.
--------------------------- President pro tern of the Senate
---------------- -------------------, Secretary of the Senate

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

12

JOURNAL OF THE SENATE,

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.
A. H. Weaver of 51st,
Chairman

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

SB 1.

By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the names of the candidates for President and Vice President of the United States to be inscribed upon the official ballots to be used in the general election and for the names of such candidates to be inscribed upon said ballots in a column with their party designation in a separate and distinct column from the column containing the names of the candidates for other offices; to provide that a notice of such candidacy shall be given at least twenty (20) days prior to the date of the general election; to amend an act approved March 20, 1943 (Ga. Laws 1943, p. 292) entitled "Elections-Candidates, Ballots", which provides that candidates for office must file a petition from not less than five (5) percent of the registered voters of the territory or that the party nominating them shall have cast not less than five (5) percent of the votes for that office at the last general election, so that said Act as amended shall not apply to candidates for President and Vice President of the United States; to provide that electors shall cast their votes for their respective party nominees for President and Vice President; to provide for method of certifying names of candidates for electors to the Secretary of State; to repeal all laws and part of laws in conflict herewith; and for other purposes.

Senator Weaver of the 51st moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The presiding officer announced the Senate adjourned until 10 :00 o'clock tomorrow morning.

WEDNESDAY, SEPTEMBER 29, 1948

13

Senate Chamber, Atlanta, Georgia. Wednesday, September 29, 1948.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the presiding officer.
Scripture reading and prayer was offered by the Chaplain.

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

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell Dean 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 Woodall Yates

The following telegram was read by the Secretary: Hon. William Dean Senate President Pro-Tem State Capitol, Atlanta

Georgia Printing Trades Conference in regular session, September 26, in, Atlanta, unanimously endorsed President Truman for President. Please advise members of your honorable body we urgently request opportunity be given Georgia citizens to vote in a free and democratic manner in support of their choice of candidates for President of the United States.
By order of the conference.
R. A. Greene,
Secretary
The presiding officer appointed Senator Alex Boone, Jr., of the 25th as vice chairman of the Interstate Cooperative Council of State Government due to the resignation of Senator Arnold.
Senator Knox of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.

JOURNAL OF THE SENATE,

By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
The presiding officer announced that the regular order of business would be dispensed with and the only bill on the calendar would be read the third time and placed upon its passage:

SB 1.

By Senator Millican of the 52nd:
A bill to be entitled an act to provide for the names of the candidates for President and Vice President of the United States to be inscribed upon the official ballots to be used in the general election and for the names of such candidates to be inscribed upon said ballots in a column with their party designation in a separate and distinct column from the column containing the names of the candidates for other offices; to provide that a notice of such candidacy shall be given at least twenty (20) days prior to the date of the general election; to amend an act approved March 20, 1943 (Ga. Laws 1943, p. 292) entitled "Elections-Candidates, Ballots", which provides that candidates for office must file a petition from not less than five (5) percent of the registered voters of the territory or that the party nominating them shall have cast not less than five (5) percent of the votes for that office at the last general election, so that said act as amended shall not apply to candidates for President and Vice President of the United States; to provide that electors shall cast their votes for their respective party nominees for President and Vice President; to provide for method of certifying names of candidates for electors to the Secretary of State; to repeal all laws and part of laws in conflict herewith; and for other purposes.

Senator Millican of the 52nd offered the following amendment:
Amend SB 1 by striking in line 17 of the caption of the bill the semicolon after the word States and adding in the same line after the word States the following "and their electors;" and further amend Section 2, line 11 of said bill by striking the "comma" after the word States and adding after the word States "and their electors," and further amend Section 2 of said bill in line 15 by striking the "comma" after the word States and inserting in lieu thereof the words "and their electors,"

Senator Weaver of the 51st asked unanimous consent that the amendment be adopted and the consent was granted.
The amendment was adopted.
Senator Dean of the 34th, Mason of the 30th, Daniells of the 49th, and Logan of the 33rd offered the following amendment:
Amend SB 1, by adding to the caption thereof the following:
"Candidates for electors shall certify that they are not Communists or members of the Communist Political Party, and do not believe in such principles"
and by adding to the body of said Bill an additional Section to be properly numbered, and reading as follows:
"Party authorities certifying the names of candidates for electors shall accompany such certification with an affdavit signed by each

WEDNESDAY, SEPTEMBER 29, 1948

15

candidate for elector stating that such candidate is not now and never has been a member of the Communist Political Party, and does not believe in or sympathize with the principles of such Communist Political Party."

Senator Millican of the 52nd moved the ayes and nays and the motion prevailed.

The roll was called and the vote was as follows : Those voting in the affirmative were Senators: To make it unanimous the presiding officer voted aye.

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell 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 Woodall Yates

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 49, nays 0, the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 1 by adding to the caption thereof the following words:
"This act does not require the recommendation or approval of grand juries, but immediately becomes effective upon its passage and approval,"
and by adding to the body of said bill an additional section to be properly numbered and providing as follows:
"The provisions of this act referring to candidates for electors, electors, candidates for President and Vice President, shall become operative and effective uniformly throughout the state immediately upon its passage and approval, and does riot require the approval or recommendation of any grand jury."

16

JOURNAL OF THE SENATE,

Senator Weaver of the 51st asked unanimous consent that the amendment be adopted and the consent was granted.
The amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 1 by adding to the caption the following:
"To provide that electors shall be elected by a plurality of the votes cast,"
and to amend the body of said bill by adding thereto another section to be properly numbered and reading as follows:
"Section 34-2503 of the Code of Georgia, the same relating to the election of electors, the filling of vacancies, etc., is hereby repealed in its entirety, and the following is substituted in lieu thereof:
"Electors shall be elected by receiving a plurality of the votes cast. If any elector is absent on the day set for convening at the Capitol, the electors present shall immediately fill such vacancy or vacancies and duly inform the Governor of such action."

On the adoption of the amendment, Senator Millican of the 52nd moved the ayes and nays and the motion prevailed.
The roll call was as follows:

Those voting in the affirmative were Senators:

Baker Carswell Daniell Ferguson Gwyn Hogg Huckeba

Kennon Kiker Knox Logan Mason Millican Overstreet

Parker Smiley Trippe Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Coker Dorsey

Hodges Hooks Howard Killingsworth Miller Mitchell Odom Pannell Ramsey

Richardson Seay Sumner Tarbutton Tippins Walker Weaver Wells Wideman

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the amendment the ayes were 19, nays 27 and the amendment was lost.

WEDNESDAY, SEPTEMBER 29, 1948

17

Senators Coker of the 39th and Wideman of the 46th offered the following amendment:
Amend SB 1 by striking Sections III and IV in their entirety.
Senator Millican of the 52nd moved the ayes and nays and the motion prevailed.

The roll was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Coker

Dorsey Hodges Hooks Howard Killingsworth Miller Mitchell Odom Ramsey

Richardson Seay Smiley Sumner Tarbutton Walker Weaver Wells Wideman

Those voting in the negative were Senators:

Callaway

Kennon

Pannell

Carswell

Kiker

Parker

Daniell

Knox

Tippins

Ferguson

Logan

Trippe

Gwyn Hogg

Mason Millican

Woodall Yates

Huckeba

Overstreet

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

On the adoption of the amendment the ayes were 27, nays 20 and the amendment was adopted.
Senator Parker of the 54th moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Senator Millican of the 52nd moved the ayes and nays and the motion prevailed.

18

JOURNAL OF THE SENATE,

The roll call was as follows :

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell 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 Woodall Yates

Mr. Wideman of the 46th District, chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing have read and examined the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 1

Respectfully submitted, Wideman of 46th District, Chairman

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 48, nays 0.
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.
Senator Weaver of the 51st moved that the Senate recess until 11 o'clock Friday morning and the motion prevailed.
The presiding officer announced the Senate recessed until 11 o'clock Friday morning.

FRIDAY, OCTOBER 1, 1948

19

Senate Chamber, Atlanta, Georgia. Friday, October 1, 1948.

The Senate met pursuant to recess at 11:00 o'clock this morning and was called to order by the presiding officer.
Scripture reading and prayer was offered by the Chaplain.

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

Adams Baker Blitch Boone Burks Bush Butler Callaway Carswell Coker Daniell Dean Dorsey Ferguson Griffith Gwyn

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

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

Senator Seay of the 22nd reported that the journal of Wednesday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
By unanimous consent the regular order of business was dispensed with and the Senate awaited action of the House on the only bill present on the calendar.
The following message was received from the House through Mr. Boone, the clerk thereof:

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

SB 1.

By Senator Millican of the 52nd:
A bill to be entitled an act to provide for the names of the candidates for President and Vice President of the United States to be inscribed upon the official ballots to be used in the general election, and for other purposes.

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

20

JOURNAL OF THE SENATE,

Mr. President:

The House has adopted the following resolutions of the House to wit:

By Messrs. Dykes of Bleckley, Witherington of Wilcox, and others:

HR 7.

A resolution asking the Acting Governor to request and direct the Attorney General to take legal steps to prevent the pollution of the Ocmulgee River by the Kraft Paper Company of Macon, and for other purposes.

The following resolution was read and adopted:
SR 3. By Senators Weaver of the 51st and Millican of the 52nd:
A resolution providing that the President, Secretary and attaches of the Senate, and the Enrolling and Engrossing Committees of the Senate remain at the Capitol after adjournment of the session for completing their work ; and for other purposes.

The following House substitute, as amended, to SB 1 was read for consideration:
The House offered the following substitute to Senate Bill No. 1:
A BILL
To be entitled an act to amend Section 34-1904 of the Code of Georgia of 1933, as amended by the act approved March 20, 1943, (Ga. Laws 1943, p. 292) by providing the method whereby candidates for electors of President and Vice President of the United States shall qualify; by providing the method of printing the official ballot for general elections at which such presidential electors are to be elected; by providing for the method of certifying the names of candidates for electors to the Secretary of State; by providing that candidates for electors shall certify that they are not members of the Communist Party and do not believe in the principles of such party; by providing that officials of political parties or candidates presenting petitions containing five per cent of the registered voters shall verify said petitions; by providing that this act does not require the recommendation or approval of grand juries, but immediately becomes effective upon its passage and approval; by repealing all laws and parts of laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION I
That Section 34-1904 of the Code of Georgia of 1933, as amended by the act approved March 20, 1943, (Ga. Laws 1943, p. 292) be further amended by adding at the end of such section the following:
"Provided, further, however, that at any general election at which electors of President and Vice President of the United States are to be elected, there shall be printed on the official ballot, in a separate column, the names of all candidates for state, national, and other offices to be filled at said election, except candidates for President and Vice President and electors of President and Vice President, who have qualified as hereinabove by this section required, under the official name of the political party nominating such candidates, which official name shall be printed

FRIDAY, OCTOBER 1, 1948

21

directly above such separate column; and there shall also be printed on said official ballot, in separate columns, the names of all candidates for electors of President and Vice President of the United States notices of whose candidacy has been filed with the Secretary of State by the proper authorities of the political party nominating them twenty days before such general election, together with the names of the candidates for President and Vice President nominated by the political party nominating such candidates for electors, each such list of nominees for electors and for President and Vice President to be printed in a separate column under the official name of the political party nominating them, which official name shall be printed directly above each such separate column; Provided, further, that the requirements of this section as to the percentage of votes cast in the last general election and as to a petition signed by five per cent of the voters shall not apply to candidates for electors of President and Vice President of the United States, by no person shall be entitled to have his name entered on the ballot as a candidate for such elector except as the nominee of a political party which has nominated candidates for President and Vice President; provided further, that any political party or candidates desiring to have a name or names placed upon the general election ballot under the requirements of this section as to the percentage of votes cast in the last general election and as to a petition signed by five per cent of the voters, shall accompany said petition with a sworn statement to the effect that each of the names appearing in said petition were duly qualified and registered voters at the last general election; provided, further, that the party authorities certifying the names of candidates for electors of President and Vice President shall accompany such certification with an affidavit signed by each candidate for elector, stating that such candidate is not now and never has been a member of the Communist Party, and does not believe in or sympathize with the principles of such Communist Party, so that said section as amended shall read as follows:
"34-1904. Ballots in elections other than primary elections." In all elections other than primary elections held under the auspices of a political party, it shall be the duty of the ordinary to provide and furnish at the expense of the county, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns, the names of the candidates of each political party, designating the names of the political party to which they belong, and also the names of any other candidates for the offices to be filled at said election; and in case of election for President and Vice President of the United States, the names of the candidates for such offices may be added with the electors and party designation : Provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots, unless notice of their candidacy shall be given in the following manner, to wit: All candidates for national and state offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State, at least 30 days prior to the regular election, except in cases where a second primary election is necessary. Provided, further, that such candidate shall also file a petition for the purpose signed by not less than five per cent of the registered voters in that territory or that such political party shall have cast no less than five per cent of the votes in the last general election next preceding for the election of such officer; but nothing in this proviso shall be construed as applying to special elections. The names of such candidates shall be filed with the Secretary

22

JOURNAL OF THE SENATE,

of State as soon as possible after the determination of the result of said second primary. All candidates for district and county offices, either by themselves or by the proper authorities of the party nominating them, shall file notice of their candidacy with the ordinary of the county at least 15 days before the regular election, and all candidates for municipal offices shall file notice of their candidacy, either by themselves or by the proper authorities of the party nominating them, with the mayor or chief executive officer of the municipality at least 15 days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the official ballot, said vacancy in nomination shall be filled in such manner as may be determined by the proper authorities of such party. Said officers shall also have printed on said ballots such language as may be necessary for the voters to express their desires as to any question or matter which may be submitted at any such election. In all other particulars said ballots shall be arranged, printed, and prepared for regular elections as provided in Section 34-1903.
"Provided, further, however, that at any general election at which electors of President and Vice President of the United States are to be elected, there shall be printed on the official ballot, in a separate column, the names of all candidates for state, national, and other offices to be filled at said election, except candidates for President and Vice President and electors of President and Vice President, who have qualified as hereinabove by this section required, under the official name of the political party nominating such candidates, which official name shall be printed directly above such separate column; and there shall also be printed on said official ballot, in separate columns, the names of all candidates for electors of President and Vice President of the United States notice of whose candidacy has been filed with the Secretary of State by the proper authorities of the political party nominating them twenty days before such general election, together with the names of the candidates for President and Vice President nominated by the political party nominating such candidates for electors, each such list of nominees for electors and for President and Vice President to be printed in a separate column under the official name of the political party nominating them, which official name shall be printed directly above each such separate column; Provided, further, that the requirements of this section as to the percentage of votes cast in the last general election and as to a petition signed by five per cent of the voters shall not apply to candidates for electors of President and Vice President of the United States, but no person shall be entitled to have his name entered on the ballot as a candidate for such elector except as the nominee of a political party which has nominated candidates for President and Vice President; Provided, further, that any political party or candidate desiring to have a name or names placed upon the general election ballot and subject to the requirements of this section as to the percentage of votes cast in the last general election and as to a petition signed by five per cent of the voters, shall accompany said petition with a sworn statement to the effect that each of the names appearing in said petition were duly qualified and registered voters at the last general election; provided further, that the party authorities certifying the names of candidates for electors of President and Vice President shall accompany such certification with an affidavit signed by each candidate for elector, stating that such candidate is not now and never has been a member of the Communist Party, and does not believe in or sympathize with the principles of such Communist Party."

FRIDAY, OCTOBER 1, 1948

23

SECTION II
The provisions of this act shall become operative and effective uniformly throughout the state immediately upon its passage and approval, and do not require the approval or recommendation of any grand jury.
SECTION III
The proVIsions of this act shall apply to all certifications of candidacy and petitions which may be on file with the Secretary of State at the time of the approval of this act, as well as to all certifications of candidacy and petitions filed with the Secretary of State subsequent to the time of approval of this act.
SECTION IV
If any section or part of a section herein is declared unconstitutional, it is the legislative intent that the remaining portions of this act remain effective.
SECTION V
That all laws or parts of laws in conflict herewith be, and the same are hereby repealed.
Senator Millican of the 52nd moved the passage of the House Substitute to SB 1 and the motion prevailed.
Senator Millican moved the ayes and nays on the passage of the House Substitute to SB 1.

The roll call was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Daniell 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 Woodall Yates

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the House substitute to SB 1 the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority was passed by substitute.

24

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to wit:
HR 9. By Mr. Elliott of Muscogee:
A resolution providing for the appointment of a committee by the Speaker of the House and the President of the Senate to notify His Excellency, the Acting Governor that the General Assembly has completed its deliberation as authorized in the Executive call for a Special Session and stands ready to adjourn sine die.

Under the provisions of HR 9 the Speaker has appointed as a committee, on the part of the House, the following named members of the House, to wit:
Messrs. Gowen of Glynn, Durden of Dougherty and Harrison of Jenkins.
HR 10. By Mr. Elliott of Muscogee:
A resolution providing for the adjournment of the House of Representatives sine die.
Mr. Wideman of the 46th District, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment have read and examined the following bill of the Senate and have instructed me as chairman to report the same back to the Senate and ready for transmission to the Governor :

SB 1

Respectfully submitted,
Wideman of 46th District, Chairman

The following resolutions of the House were read and adopted:
HR 9. By Mr. Elliott of Muscogee:
A resolution providing for the appointment of a committee by the Speaker of the House and the President of the Senate to notify His Excellency, the Acting Governor that the General Assembly has completed its deliberations as authorized in the Executive call for a Special Session and stands ready to adjourn sine die.
The presiding officer appointed on the part of the Senate:
Senators Carswell of the 17th and Gwyn of the 36th.

HR 10. By Elliott of Muscogee:
A resolution by the House, the Senate concurring, that the General Assembly adjourn sine die.
The presiding officer announced the extraordinary session adjourned sine die at 12:00 o'clock noon.

TUESDAY, NOVEMBER 16, 1948

25

Senate Chamber, Atlanta, Georgia.
Tuesday, November 16, 1948.
The Senate met in the Senate chamber at 11:00 o'clock pursuant to the call of His Excellency, the Acting Governor, and was called to order by the presiding officer, Senator William T. Dean of the 34th District.
Scripture reading and prayer was offered by the chaplain, Rev. A. M. Pierce.

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

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Coker Daniell Dean Dorsey Griffith Gwyn

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

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

The following Senator did not answer to her name: Senator Odom of the 9th.

The following executive order of His Excellency, the Acting Governor, was read by the secretary:

State of Georgia
Executive Department
M. E. Thompson, Governor
Phil M. Landrum, Executive Secretary
Atlanta
EXECUTIVE ORDER
WHEREAS, Herman E. Talmadge was at the November 2, 1948, general election elected to fill the unexpired term of Governor of Georgia, and
WHEREAS, by virtue of authority vested in me as Acting Governor, under Section 2-2613 of the Constitution of Georgia I may convoke the General Assembly for purposes which I deem to be of paramount interest to the people of Georgia, and
WHEREAS, it is my desire to relinquish the executive powers of the State government to the Governor-Nominate at the earliest possible date, and

26

JOURNAL OF THE SENATE,

WHEREAS, the said Herman E. Talmadge, Governor-Nominate, is without authority to assume the office of Governor for the unexpired term unless and until the General Assembly of Georgia is convoked for the purpose of canvassing and publishing the results of the November 2nd general election for Governor:
ORDERED, that the General Assembly of Georgia do and it is hereby directed to convene at the State Capitol on November 16, 1948, at 11:00 o'clock A. M., in extraordinary session for the purpose of canvassing and publishing the votes for Governor and Lieutenant Governor polled on November 2nd, and for inaugurating the Governor-Nominate and the Lieutenant Governor, and to consider such other matters as they may, in their wisdom, deem necessary and expedient.
GIVEN under my hand and the Great Seal of the State of Georgia, at the Capital City of Atlanta, on this the 9th day of November, Year of our Lord, One Thousand Nine Hundred and Forty-eight.
M. E. Thompson, Acting Governor
By the Governor:
Phil M. Landrum, Secretary Executive Department
Attest: Ben W. Fortson, Jr., Secretary of State
The following communications from the Honorable Ben T. Fortson, Secretary of State, certifying the Senators-elect in the general election of 1948, to fill certain vacancies, were received and read :
State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable William Dean President of the Senate
Sir: I hereby certify that an election was held in Habersham County, Georgia,
on the 2nd day of November, 1948, for the purpose of electing a State Senator from the 31st District for the unexpired term of T. D. Williams, and that the consolidated returns of said election, which are of file in this office, show the following results:
HABERSHAM COUNTY FOR STATE SENATOR: To fill the unexpired term of T. D. Williams.
T. S. Blackburn received 865 votes F. W. Galloway received 145 votes Thomas G. McGahee received 848 votes Given under my hand and seal of office at the Capitol, in Atlanta, this 5th day of November, 1948.
Ben W. Fortson, Jr., Secretary of State

TUESDAY, NOVEMBER 16, 1948

27

State of Georgia
Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable William Dean
President of the Senate
Sir: I hereby certify that an election was held in Toombs County, Georgia, on
the 2nd day of November, 1948, for the purpose of electing a State Senator from the 15th Senatorial District for the unexpired term of J. Frank Darby, and that the consolidated returns of said election, which are of file in this office, show the following results:
TOOMBS COUNTY FOR STATE SENATOR: To fill the unexpired term of J. Frank Darby.
James F. Darby received 1,910 votes.
Given under my hand and seal of office, this 9th day of November, 1948. Ben W. Fortson, Jr., Secretary of State

State of Georgia
Department of State
Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable William Dean
President of the Senate
Sir: I hereby certify that an election was held in Turner County, Georgia, on the
2nd day of November, 1948, for the purpose of electing a State Senator from the 47th District for the unexpired term of Walter W. Branch, resigned, and that the consolidated returns of said election, which are of file in this office, show the following results:
TURNER COUNTY
FOR STATE SENATOR: To fill the unexpired term of Walter W. Branch, resigned.
W. P. Tyson received 764 votes
J. C. Moore received 399 votes Given under my hand and seal this 8th day of November, 1948.
Ben W. Fortson, Jr., Secretary of State

28

JOURNAL OF THE SENATE,

State of Georgia
Department of State
Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable William Dean
President of the Senate
Sir:
I hereby certify that an election was held in Wilkes County, Georgia, on the 2nd day of November, 1948, for the purpose of electing a State Senator from the 50th District for the unexpired term of Frank M. Arnold, resigned, and that the consolidated returns of said election, which are of file in this office, show the following result:

WILKES COUNTY FOR STATE SENATOR: To fill the unexpired term of Frank M. Arnold, resigned.
W. Frank Lee, Jr., received 945 votes. Given under my hand and seal of office, this 5th day of November, 1948.
Ben W. Fortson, Jr., Secretary of State

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta Honorable William Dean President of the Senate

Sir:
I hereby certify that an election was held in Fayette County, Georgia, on the 2nd day of November, 1948, for the purpose of electing a State Senator from the 26th District for the unexpired term of F. A. Sams, and that the consolidated returns of said election, which are of file in this office, show the following results:

FAYETTE COUNTY
FOR STATE SENATOR: To fill the unexpired term of F. A. Sams. K. W. McElwaney received 901 votes Louie L. Perry received 303 votes
Given under my hand and seal of office, this lOth day of November, 1948. Ben W. Fortson, Jr., Secretary of State

TUESDAY, NOVEMBER 16, 1948

29

The following petition was read:

A PETITION
TO THE HONORABLE MEMBERS OF THE GEORGIA STATE SENATE A CLAIM TO THE SENATE SEAT FROM THE TWENTY-SIXTH DISTRICT
(Clayton, Fayette, Spalding)
TO SUCCEED HON. F. A. SAMS, RESIGNED.
FILED BY LOUIE L. PERRY, who received a majority of the legal votes from said District in a special election, November 2nd, 1948.
YOUR PETITIONER RESPECTFULLY REQUESTS YOUR CONSIDERATION OF HIS CLAIMS TO THIS OFFICE.
All irregularities in this election were centered in Clayton County.

FACTS SUPPORTING PETITIONER'S CLAIM:
1. Petitioner contends that the results of this election were altered through the consequence eminating from a premeditated scheme concocted prior to the publishing of the ballots for this election.
2. Petitioner contends that his name was unlawfully omitted from the ballot, though he attempted to register in time with the Ordinary of Clayton County, Georgia; that no writ had been received from the Governor by said Ordinary concerning such special election and that said Ordinary had not publicly advertised such an election at the time he refused to list your plaintiff's name as a candidate.
3. That the Ordinary of Clayton County placed the name of your plaintiff's opponent near the bottom in the long list of Democratic nominees on the left side of the huge ballot, in which column appeared only such other names as had been duly nominated by the Democratic Party; that plaintiff's opponent had not in any wise been nominated by the Democratic Party in an election, nor by any committee of said party and that the majority of voters in said county cast their ballot by making a cross mark at the top of this column without ever knowing that the list contained the name of a special election candidate.
4. That both the Ordinary and Candidate McElwaney were directly approached by your plaintiff and respectfully urged to remove said name from such column on the grounds that it was illegal, misleading to the voter, and unfair to the plaintiff as a candidate. Both of these persons declined to act in the matter and the Ordinary in particular repeatedly refused to remove such name to a different position on the ballot under the heading of "Special Election".
5. That these two acts left your plaintiff in a most difficult position, since there was no space between the lines where McElwaney's name appeared for your plaintiff's friends to cast a write-in ballot; that the knowledge of this situation spread rapidly through the district and served to demoralize plaintiff's supporters who, not understanding the legal aspects, felt there was no chance for his election with the cards stacked so overwhelmingly against him.
6. That the final results of the election were radically affected by this demoralizing information; that many of the plaintiff's friends in

30

JOURNAL OF THE SENATE,

Fayette County lost heart and did not even go to the polls on election day; that his friends in Clayton County had no even chance for write-in votes, since they would have had to write in the entire title of the office your plaintiff was seeking, and that a system of printed stick-on write-in ballots was defeated in a large measure due to a heavy down-pour of rain on election day making the distribution of such stick-on slips impracticable. Numerous friends in Spalding County and elsewhere who were eagerly supporting your plaintiff slackened their efforts when they learned of the ballot arrangement in Clayton.
7. Your plaintiff however, received 2,068 votes within the district. The validity of none of these can be questioned. His opponent received 2,013 votes as a candidate in a special election from ballots duly arranged, thus giving your plaintiff a clear majority of 55 votes.
8. Your plaintiff and his many friends respectfully request that the members of the Georgia State Senate disregard the ballots for K. W. McElwaney from the County of Clayton, and declare Louie L. Perry to have the right to be seated.
Before me, a notary public of the State of Georgia, comes Louie L. Perry, who being duly sworn, affirms that the aforegoing is an unbiased statement of facts and that all statements contained therein are true in substance, to the best of his knowledge. This the fifteenth day of November, 1948.
Lewis L. Thornton (Seal)
Louie L. Perry (Seal)

My commission expires 16th day of September, 1949.
The presiding officer referred the petition to the Committee on State of Republic.
The Senators-elect presented themselves at the secretary's desk where Judge Jule W. Felton of the Court of Appeals of Georgia administered to them the oath of office.
The following resolution was read and adopted : SR 1. By Senators Millican of the 52nd and Weaver of the 51st:

A RESOLUTION
WHEREAS, pursuant to a call issued by the Honorable M. E. Thompson, Acting Governor of the State of Georgia, the Legislature has this day met in special session.
THEREFORE BE IT RESOLVED by the Senate, the House concurring, that a committee be appointed, two by the President of the Senate and three by the Speaker of the House, to notify his Excellency, the Acting Governor of the State, that the General Assembly has convened in special session and is ready for the transaction of such business as may be properly brought before it.

The presiding officer appointed on the part of the Senate: Senators Huckeba of the 37th and Overstreet of the 18th.

TUESDAY, NOVEMBER 16, 1948

81

SR 2.

By Senators Millican of the 52nd and Weaver of the 51st: A resolution by the Senate that all resolutions of the Senate at both the regular session of 1947 and the special session of 1948, relating to the employment and pay of the attaches of the Senate be in full force and effect at this special session; and for other purposes.

SR 3. By Senators Millican of the 52nd and Weaver of the 51st: A resolution providing for compensation for the Lieutenant Governor and the per diem for his aide and secretary.

SR 4.

By Senators Weaver of the 51st, Millican of the 52nd, Bush of the 8th, Pannell of the 43rd, Hooks of the 16th and Boone of the 21st: A resolution requesting the Insurance Commission to declare a moratorium on the Building and Safety Law; and for other purposes.

The following communication from Honorable Ben T. Fortson, Jr., Secretary of State, was read :

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable William Dean President Pro Tern Georgia State Senate State Capitol Atlanta, Georgia

Dear Mr. President:
Several weeks ago, Dean Lloyd Chapin, of Georgia Tech, presented to the General Assembly of Georgia, through me as Secretary of State, this splendid gavel for the use of the President during the sessions of the Senate. Honorable Leslie F. Zsuffa, director of public relations at Georgia Tech, and Honorable Homer S. Weber, director of School of Mechanical Engineering at Georgia Tech, are also due recognition and appreciation for their thoughtfulness and generosity in seeing that this gavel was properly made and presented to the General Assembly of Georgia.
I feel certain that the Senate, by appropriate resolution, would like to express its thanks and appreciation to these gentlemen and to Georgia Tech.
With best wishes for a successful session, I am
Very sincerely yours,
Ben W. Fortson, Jr.,
Secretary of State
The presiding officer appointed as a committee to express the appreciation of the Senate to Georgia Tech, Senators Callaway of the 35th, Knox of the 29th and Carswell of the 17th.

32

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
I am instructed by the House of Representatives to notify the Senate that the House has convened in extraordinary session and is ready for the transaction of business.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to wit:

HR 2. By Mr. Elliott of Muscogee:
Be it resolved by the House of Representatives, the Senate concurring, that a committee of five, three to be named by the Speaker of the House and two by the President Pro Tern of the Senate, be appointed to notify His Excellency, the Acting Governor, that the General Assembly has convened in extraordinary session, called by the Acting Governor, and is ready for transaction of business.
Under provisions of HR 2 the Speaker has appointed as a committee on the part of the House, the following members of the House, to wit:
Mr. Gowen of Glynn, Mr. Durden of Daughtry and Mr. Greer of Lanier.

HR 3.

By Mr. Elliott of Muscogee:
Be it resolved by the General Assembly of Georgia that the House and Senate meet in joint session at 11:30 A. M. on November 16, 1948 for the purpose of canvassing the returns of the general election of November 2, 1948, and publishing the results thereof for the office of Governor, Lieutenant Governor and other State House offices.

HR 5. By Mr. Willoughby of Clinch:

That a committee be appointed and have as its object and purpose the

formulating of a satisfactory agreement with the proper authorities of

the State of Florida in order that bees may move freely between the

two states.



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 have read and examined the following 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:

SR 1.

SR 4.

Respectfully submitted, Wideman of 46th District, Chairman

TUESDAY, NOVEMBER 16, 1948

33

The following resolution was read and adopted:

HR 3. By Mr. Elliott of Muscogee:
A resolution by the General Assembly of Georgia that the House and Senate meet in joint session at 11:30 A. M. on November 16, 1948, for the purpose of canvassing the returns of the general election of November 2, 1948, and publishing the results thereof for the office of Governor, Lieutenant Governor and other State House offices.

Senator Millican of the 52nd moved that when the joint session is dissolved the Senate stands adjourned until 10:30 tomorrow morning and the motion prevailed.
Pursuant to HR 3 the hour of convening the joint session of the Senate and House having arrived, the presiding officer, accompanied by the secretary and Senators, proceeded to the hall of the House of Representatives and the joint session was called for the purpose of canvassing the returns of the general election of November 2, 1948, was called to order by the Speaker of the House.
The resolution authorizing the joint session of the Senate and House was read by the Secretary of the Senate.

The following resolution was read and adopted:

JR 1.

By Mr. Elliott of Muscogee:
A resolution by the General Assembly of Georgia in joint session that a committee of five (5) members be appointed, two (2) members from the Senate to be appointed by the President Pro Tern of the Senate, and three (3) members from the House, to canvass the returns of the general election of November 2, 1948, as provided in joint resolution and to submit the report back to the joint session of the General Assembly of Georgia as soon as it may be completed.

The presiding officer of the Senate appointed on the part of the Senate Senators Millican of the 52nd and Pannell of the 43rd.
The Speaker of the House appointed on the part of the House Messrs. Gowen of Glynn, Crowe of Worth, and Twitty of Mitchell.
The following communication from Honorable Ben T. Fortson, Secretary of State, was read:

State of Georgia
Department of State
Ben W. Fortson, Jr., Secretary 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

34

JOURNAL OF THE SENATE,

the election returns of the election held on November 2, 1948, for Governor, Lieutenant Governor and constitutional officers, the same have come to me.
Ben W. Fortson, Jr.,
Secretary of State

Received: Wm. F. Dean, President of the Senate

Fred Hand, Speaker of the House

The committee appointed under JR 1 submitted the following report:

TO THE GENERAL ASSEMBLY IN JOINT SESSION

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

For Governor:
Herman Eugene Talmadge Morgan Blake James Barfoot M. E. Thompson

354,711 7,925 665 204

For Lieutenant Governor:
S. Marvin Griffin Pierce Harris Henry Persons Ronald Chance

366,289 3 9 7

For Public Service Commission : Perry T. Knight James A. Perry

365,412 365,370

We recommend that the candidates above named who have received a majority of the votes cast, be and they are hereby declared elected to their respective offices.
Rspectfully submitted, On the Part of the Senate Millican of 52nd Pannell of 43rd
On the Part of the House Crowe of Worth Twitty of Mitchell Gowen of Glynn
The report of the committee was adopted.
Mr. Elliott of Muscogee moved that the joint session be now dissolved and the motion prevailed.
Under a previous motion the Senate stood adjourned until 10:30 tomorrow morning.

WEDNESDAY, NOVEMBER 17, 1948

35

Senate Chamber, Atlanta, Georgia. Wednesday, November 17, 1948.
The Senate met pursuant to adjournment at 10:30 this morning and was called to order by the presiding officer.
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 Baker Blitch Boone Brown Burks Bush Butler Callaway Carswell Coker Darby Daniell Dean Dorsey Ferguson Griffith Gwyn

Hodges Hogg Hooks Howard Huckeba Kennon Kiker Killingsworth Knox Lee Logan Mason McElwaney McGahee Miller Millican Mitchell Odom

Overstreet Pannell Parker Ramsey Richardson Seay Smiley Sumner Tarbutton Tippins Trippe Tyson Walker Weaver Wells Wideman 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.
The Committee on State of Republic made the following report:

Mr. President:

November 16, 1948

The Senate Committee on the State of the Republic has had under consideration the petition of Mr. Louie L. Perry, of Fayette County, that he be seated as Senator for the 26th District to fill the unexpired term of Senator F. A. Sams of Fayette County, who has resigned, in lieu of the Honorable K. W. McElwaney of Fayette County, who according to the Secretary of State's certification received more votes in Fayette County than did the said Mr. Louie E. Perry.

The only evidence submitted to the committee was the certificate of the Secretary of State. The committee was of the opinion that it would not go behind this certification. The committee is further of the opinion that Section 2 of an act approved February 1, 1946, (Acts 1946, page 42 et seq.) which reads as follows:

"The first county named in each of the above sections shall furnish the Senator for the next general election, and after that the counties in the order

36

JOURNAL OF THE SENATE,

named above shall furnish the Senator for that district.", can only mean that it was the intention of the law that the county whose turn it is to furnish the Senator has the exclusive right to do so, and that the other counties in the district have no say in the matter.
The committee therefore recommends that the petition of Mr. Louie L. Perry be rejected.
Respectfully submitted,
Weaver of 51st,
Chairman

The report of the committee was adopted, ayes 36, nays 0.

The following resolutions were read and adopted:
SR 5. By Senators Millican of the 52nd and Weaver of the 51st:
Be it resolved by the Senate that the Auditing, and Enrolling and Engrossing Committees and the Secretary of the Senate be authorized to remain one day after sine die adjournment in order to perform their necessary and required duties.

SR 6.

A RESOLUTION
By Senators Knox of the 29th, Carswell of the 17th and Callaway of the 35th:
WHEREAS, previous sessions of this august body have been something less than harmonious and love and kindness have not always prevailed, and
WHEREAS, it has been necessary on occasion for the presiding officer to exercise the use of his gavel to the extent that Senators in the front seats, especially, were jeopardized by flying splinters from said gavel, and
WHEREAS, the Georgia Institute of Technology, recognizing said danger to the Senators and having their welfare at heart, has fabricated and presented to the presiding officer a most magnificent, handsome and sturdy symbol of authority,
BE IT HEREBY RESOLVED, that the gratitude of this body, especially those Senators in the front row, be expressed to those persons responsible for this splendid gift, namely, Dean Lloyd Chapin, Honorable Leslie F. Zsuffa, director of public relations, and Honorable Homer S. Weber, director of School of Mechanical Engineering, all of the Georgia Institute of Technology, in the form of this resolution and that it be conveyed to them by the Honorable Ben W. Fortson, Jr., Secretary of State.
BE IT FURTHER RESOLVED, that the appreciation of this body be further expressed to the Honorable Ben W. Fortson, Jr., Secretary of State, for the gift of the magnificent copy of the Holy Scriptures, with the sincere hope that it will further the spirit of brotherhood and affection among the members who will sit in solemn and sincere deliberation in these venerable halls down through the corridors of time.

WEDNESDA~NOVEMBER1~1~8

37

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 Senate to wit:

SR 4.

By Senators Weaver of the 51st and others:
Authorizing the Insurance Commissioner to declare a moratorium with respect to the Building Safety Law; and for other purposes.

The House has adopted the following resolutions of the House to wit:
HR 7. By Mr. Elliott of Muscogee:
That the House and Senate recess at 11:30 A. M. and assemble in joint session at the scene of the inauguration; and for other purposes.

HR 8. By Mr. Elliott of Muscogee:
That a committee be appointed from the House and Senate to escort the retiring Acting Governor, the Governor-elect and the Lieutenant Governor-elect to the scene of the joint session for the purpose of inaugurating the Governor.
Mr. Wideman of the 46th District, chairman of the Committee on Engrossig and Enrolling, submitted the following report:
Mr. President:
Your Committee on Engrossing and Enrolling have read and examined the following resolution of the Senate and have instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SR 4.
Respectfully submitted, Wideman of 46th District, Chairman
The following resolution was read:
HR 5. By Mr. Willoughby:
A resolution that a committee be appointed on the part of the House and Senate and have as its object and purpose the formulating of a satisfactory agreement with the proper authorities of the State of Florida in order that bees may move freely between the two states.
The presiding officer appointed on the part of the Senate.
Senator Millican offered the following amendment:
Amend HR 5 by striking word "two" in line 15 and substituting in lieu thereof the word "three".
The amendment was adopted.
On the adoption of the resolution as amended the ayes were 41, nays 0.

38

JOURNAL OF THE SENATE,

The resolution was adopted as amended.
The presiding officer appointed on the part of the Senate under the provisions of HR 5 Senators Blitch of the 5th, Mason of the 30th and Daniell of the 49th.
The following resolutions were read and adopted:
HR 7. By Mr. Elliott of Muscogee:
A resolution that the House and Senate recess at 11 :30 A. M. and assemble in joint session at the scene of the inauguration; and for other purposes.

HR 8. By Mr. Elliott of Muscogee:
A resolution that a committee be appointed from the House and Senate to escort the retiring Acting Governor and the Governor-elect and the Lieutenant Governor-elect to the scene of the joint session for the purpose of inaugurating the Governor.
The presiding officer appointed on the part of the Senate the following Senators:
Odom of the 9th, Blitch of the 5th, Boone of the 21st, Wideman of the 46th, Brown of the 19th, Burks of the 12th, Branch of the 8th, Butler of the 7th, Calloway of the 35th and Tippins of the 48th.
The hour of convening the joint session of the Senate and House to inaugurate the Governor having arrived, the presiding officer accompanied by the secretary and the Senators, proceeded to Washington Street entrance of the State Capitol, where the following inaugural exercises were carried out, in pursuance with the official program compiled by the Committee of Arrangements:
The Speaker of the House called the joint session to order at 11 :30 A. M.
Music was furnished by the Cedartown High School Band and the Third United States Army Band.
Invocation was by the Rev. Blake Craft, pastor of the East End Methodist Church, Atlanta, Georgia.
The oath of office of the Governor was administered by Honorable Charles W. Worrill, Judge of Superior Court, Pataula Circuit.
The oath of office of the Lieutenant Governor was administered by Honorable B. C. Gardner, Judge Georgia Court of Appeals.
Lieutenant Governor, Marvin E. Griffin, addressed the joint session as follows:
MR. SPEAKER, GOVERNOR TALMADGE, MEMBERS OF THE GENERAL ASSEMBLY, DISTINGUISHED GUESTS AND MY FELLOW GEORGIANS:
It is with a feeling of pride that I look on this assemblage of distinguished Georgians today. I am a firm believer in the principle that a public office is a public trust, and I appreciate and welcome the opportunity to speak briefly to you who bestowed upon me my present position of honor and responsibility.
At the outset, I promise whole-hearted cooperation to this administration and to the General Assembly and to you people. I pledge candor and sincerity

WEDNESDAY, NOVEMBER 17, 1948

39

on my part, and humbly request cooperation and understanding on yours. With concerted effort and teamwork, I am confident that we can accomplish many constructive and beneficial acts for our great state. I am also happy to say that I have no presentiment for the future of this administration.
We have a great task, but I am confident that we will work toward a harmonious solution of the problems which confront us. Your Governor, your Lieutenant Governor, your Speaker of the House and the majority of both branches of the General Assembly to come have the same philosophy of government. All of us are committed to the people of this state on certain definite and specific fundamental requirements or needs. Harmony and teamwork will mark the incoming administration so that Georgia can institute and enact legislation for the best interests of the three and a quarter million citizens within our boundaries. I believe these basic needs will receive immediate and businesslike attention. For my part I will put them before the Senate for consideration without delay.
In my opinion, our problem is clearcut, but the solution is not so easy.
First, we must have a program of internal improvements in Georgia devised so as to answer the demands of progress, and at the same time, one which will provide the most needed services, but exacting minimum hardships on our people. Some services we need may have to come in progressive stages, but we can plan intelligently and set a goal.
Our essential needs in Georgia are in the field of education, public health, highways, soil conservation and protection of natural resources. The time has arrived to enact needed legislation for Georgia veterans.
Second, we must fight to maintain our state sovereignty and protect the rights guaranteed to our people under the Constitution of the United States. I am one who does not believe that this Constitution is a "horse and buggy" document". I believe that it is just as applicable today for the preservation of democracy as it was when it was created. In my opinion, those who formulated this Constitution were God-fearing men and wise beyond their time. I shall continue to believe that the rights guaranteed to us under this Constitution are inherent rights and should be handed down inviolate from generation to generation. I am satisfied that the majority of Georgia people want these rights protected and perpetuated.
We are free thinkers in Georgia and believe in fair play, but we must work out our problems without the interference of "meddlers and do-gooders" who have descended upon us by train, by plane, by wire and by way of the air waves. The issue in the South a century ago was state's rights. The issue fifty years ago was state's rights. The issue in Georgia last summer was state's rights versus civil rights. There is imminent danger from these self-appointed crusaders and busy-bodies who would change our way of life in Georgia. I shall fight day and night to destroy or arrest this iniquitous assault on the liberties of our people. Paid propagandists, demagogues and agitators will find little comfort, encouragement or hospitality in Georgia during this administration. We have the energy and the integrity to work out the solutions to our own problems. Along this line, primary consideration must be given to the enaction of a strict voters' qualification law, one which will give no encouragement to block voting and little help to political schemers who would utilize this block for expediency. The people of Georgia have administered two sound thrashings in the past two state elections to those who tried it. A workable law will eliminate this temptation from the minds of opportunist aspirants for public office in Georgia, (and I have been told we have some).

40

JOURNAL OF THE SENATE,

It will take rigid economy to achieve our aims. It may take additional revenue to do the job as it should be done. If our people want additional services, they must be prepared to pay for them. They have the assurance of this administration that they will be given an opportunity to speak on any additional burdensome levies.
Let me say in conclusion that I am proud of my state. I am proud of our achievements today. I have faith that we will make unprecedented progress in the future. I am one who has never apologized for the character or the integrity of our people in Georgia, even though, at times, due to a lack of wealth and natural resources, we have failed to "keep up with the Joneses". Utilizing what we have I will tell you of the Georgia I would like to see:
I would like to see our children have equal educational opportunities, and advantages comparable to the children of the other states of the union. I want to see every home in this state with a coat of paint on it, a good roof over it and modern comforts and conveniences. I want to see medical facilities made available to all of our people. I want to see Georgia have a system of paved roads so constructed that school children can ride to and from school, farmers get their produce to market, the postman bring the mail from town and doctors visit the sick. I want to see our old people get the benefits of old-age assistance to which they are entitled. I want to see a Georgia where sound soil conservation methods and practices are utilized, and where timber and other natural resources are given adequate protection. And last, I want to see a Georgia where labor receives wages comparable to that of other states in the union, and where labor and management will work as a team or be partners in the same business. These things are possible if we really want them and if we are willing to work for them. I make you the solemn pledge that I will strive to carry my end of the load in an effort to achieve them.
I thank you.

His Excellency, Governor Herman E. Talmadge addressed the joint session as follows:
MR. SPEAKER, LIEUTENANT-GOVERNOR GRIFFIN, MEMBERS OF THE GENERAL ASSEMBLY, DISTINGUISHED GUESTS AND MY FELLOW COUNTRYMEN:
I am deeply grateful for the high honor accorded me by the people of Georgia in electing me as their Governor.
This marks the first time in the history of our nation that the same General Assembly has twice inaugurated the same Governor for the same term of office.
Today we are met to inaugurate an administration in tune with the heart beats and wishes of the people of our state. We are entering what I believe the future will record as Georgia's most constructive era.
New industrial development is coming to our state. Our people look forward with great hope to a high era of peace and prosperity. All of us, young and old alike, have cast aside personal considerations and have placed the welfare and future of our state first and foremost.
I have great faith in the character and moral fiber that goes to make up our citizenry.
While serving as your Governor I shall have but one objective and it shall be constantly before me at all times. And that objective is to accomplish a[l:

WEDNESDAY, NOVEMBER 17, 1948

41

much as possible for the benefit and advancement of the people of Georgia ... all the people.
I harbor no malice nor ill will toward any man.
I have just taken the oath as Governor of all the people of Georgia. I am going to be too busy with affairs of state to engage in narrow, blind, petty, partisan politics. I am going to do what I think the people expect of me and that is to make the best Governor of which I am capable. And in addition to this, I am going to try to prevail upon men who are capable, honest and qualified to help me run your government in Georgia.
I tell you quite frankly that I have always considered servants of the people as being in somewhat the same status as that of trustees who are charged by law with exercising extreme care and diligence in handling funds and authority entrusted to them. State employees from the Governor right on down owe a duty to the people even higher than they would owe to themselves in the operation of their own businesses. It is not enough to ask "Is it legal?" but as long as I am your Governor the question will also have to be "Is it morally and legally right and will it serve the best interests of the people of Georgia?"
Thousands and thousands of people have written me and requested appointment to a state job. I tell you quite frankly that thousands and thousands of my friends are going to be disappointed in not receiving a state job. The most difficult job a Governor has to do is to say "No" to his friends-his friends who have contributed their time, their money and worked diligently in his behalf. During my campaign I made it clear that my administration would be one of retrenchment and economy and those state employees who receive checks to do little or no work would be dismissed from the service of the state. There are hundreds of useless jobs where employees of the state are receiving checks and making no pretense whatever of performing duties for the state. These jobs will be abolished and they will not be filled. State employees during my administration will perform their duties just as they would in private business. If they do not devote their full time on the job they will not be retained on the state payroll.
I am fully aware of the burdensome federal, state and local taxes that our people now have to pay. The power to tax is the power to destroy and excessive taxation will destroy business and job opportunities for all our people. Many worthwhile plans have been suggested to the next General Assembly for improvement of living conditions in Georgia. Virtually everyone of them will require additional revenue. During the course of the campaign, I made it perfectly clear that if additional revenue should be deemed necessary or desirable that the revenue measure providing for it be submitted to the people of our state in a referendum for a final determination by them.
There are two roads open to any man who assumes the executive authority of the state. He can just sit over there in the Governor's office, directing routine affairs, taking no decisive stand on important public issues, just letting things go along in a slip-shod fashion and somehow muddle through his term of office. It is not enough to just be Governor without any ambition or foresight for his state or its people who elected him.
I tell you now ... I do not intend to be that kind of Governor.
On the other hand your Governor can initiate progressive and constructive movements, and can take the lead in fighting for the things that our people believe in and that the state really needs; he can create broad and comprehensive policies and can act in a score of ways to carry them out, he can aid as a leader in mapping out movements and expansion programs designed to further agricul-

42

JOURNAL OF THE SENATE,

ture and industry in the state. He can work with the Legislature toward enactment of forward-looking legislation and with state department heads toward effectuating this legislation into a reality. That is the kind of Governor I want to make.
I am not one of those who thinks the opportunities in our country and in our state are limited. Today the people of Georgia, along with the people of the other states in the union, face a great new era of scientific progress and a more abundant life.
The world is gradually but steadily recovering from the devastation wrought by the recent war.
Peoples of stricken nations are slowly but surely re-establishing themselves.
From all over the world comes word that new demand is constantly being created for American goods, American farm products and American raw materials. If we can maintain peace in the world, and I believe that we can, these demands will increase. Here in Georgia we must stay wide awake and be sure that we get our just share of world trade.
We cannot afford to be left behind.
In this new era there will be more industrial development and a resultant increase in production of items needed for better living.
As a candidate for Governor, I said that we should make a coordinated effort to secure industrial development for some of our smaller counties in Georgia to bring a better balance between industry and agriculture.
We have the finest people in the world and natural resources in abundance. We welcome capitalists from outside the state who will come to Georgia to make good citizens and to help us develop our human and material resources.
We do not welcome outside capitalists who come to Georgia with the idea of getting cheap labor and exploiting our human and physical resources.
I would like to see wide industrial development in our state, disbursing payrolls that provide more opportunities in merchandising, commerce, banking and transportation. Such payrolls would do much toward bringing about a comfortable living for many of our people. At the same time such added payrolls would provide greater markets for our farmers and also opportunities to be employed gainfully during slack seasons on the farm.
With the constant development of new industry in Georgia, naturally we will become more and more concerned with problems incident to labor/management relations. Georgians have always recognized labor's right to organize and bargain collectively. We believe that the rights of the working man in Georgia must be protected and preserved. I hope that in the days to come we can look at Georgia's laws concerning the relative rights of labor and management and point to them with pride and cite them as an example for other states to follow.
Industrial harmony can only be maintained where the rights of all are respected.
We who derive our living on the farms should be given assurance of everexpanding markets for our farm products as well as the assurance of a fair return for the labor we have expended in producing them.
Our country is never prosperous unless the farmer is compensated for the work that he has done. Low farm prices and financial depression go hand in hand. Farmers do not want any unfair advantage over any other group but we do

WEDNESDAY, NOVEMBER 17, 1948

43

have every right to insist on fair and just incomes for ourselves and our families.

As your Governor, I will work diligently in behalf of all programs designed

to aid the farmer in securing an -income on a parity with other people. We must

be ever alert to see that the gains we have made in recent years are protected;

I pledge the farmers of Georgia my wholehearted support in all of their efforts

on behalf of soil improvement, commodity loans, price support, surplus commodity

control, stimulation of exports and all other measures designed to further the

interests of our farmers.



I want to see every child in this state clad in warm comfortable clothing. I want to see every child have a pleasant home where wholesome food and adequate dental and medical care are available. As our future citizens reach maturity I want them to have opportunities to learn self-sustaining trades and professions.

In Georgia I want to see schools and teachers in the far remote rural regions and in the thickly populated urban centers which will provide our children with educational advantages equal to those found in any state in the union.
I want to see the back-breaking toil of mule and plow made easier for our farmers. I want to see our farm lands producing an income that is stable and which will allow each farmer a comfortable way of life for himself and his family.
On the farms in our state I want to see the great blessings of electricity and sanitary advantages the same as found in our cities and towns. I want to see an era of plenty with our barns filled to overflowing.
For our farmers I want to see hard-surfaced roads which will permit us to take our crops to market, allow school busses to pick up our children in rainy weather, allow us to reach our churches on Sunday and allow the doctor to come when we have sickness in the family.
And I would like to see our war veterans have fair job opportunities and a chance to own their own homes and rear a family.
These are just some of the things that I would like to see take place in Georgia in the years to come. The task before us is great. To carry out eon~ structive governmental programs, to bring about the betterment of our state and to bring Georgia into the forefront necessarily requires close cooperation between the legislative and executive branches of your government. And these two branches must.have the cooperation, yes, it must have the sympathy and support of the masses of our people.
It is my solemn intention to cooperate in every way possible with the members elected by you, the people, to represent your interests in the General Assembly. All of us must work together for the advancement of the Georgia that we all love so well.

It would not be fair if I did not tell you frankly that we in the South face grave danger from oppressive federal legislation as is contained in the so-called "civil rights" proposals.

Our Senators and Representatives in the 81st Congress will be confronted with force legislation designed to break down our Southern traditions and way of life. I am proud to say that the administration which you are inaugurating today will throw the full force of your state's governmental machinery behind our Senators and Congressmen in their fight against any anti-southern measures that may be brought before the next session of the Congress. I am glad to tell you that they will have solid backing on the home front.

44

JOURNAL OF THE SENATE,

I pledge you-! pledge the people of Georgia-every ounce of my strength and energies in defending our ideals and institutions.
We Georgians believe that unmolested we can work out our problems to the best interests of all our people. Our major concern in Georgia lies squarely in the realm of health, welfare and education.
Here is where we need to do the most for the greatest number.
With the backing of a sturdy and honest people, I enter the office of Governor today buoyed high with a real determination to get things done for the people. I share with you a real pride in the state in which we live and I join hands with you in wanting to see Georgia recognized as a leader, not only in industry and agriculture, but a leader in thought and culture as well.
A leader that stands high in the sisterhood of states.
A leader that can win merited commendation and praise from the rest of the world.
To that end, backed by a great people, I am pledged.
With the help and aid of Almighty God, we will go forward.
The joint session was dissolved and the Senate re-convened in the Senate Chamber.
The presiding officer in brief ceremony turned over the gavel to Lieutenant Governor Marvin Griffin, President of the Senate, who addressed the Senate briefly.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following resolution of the House to wit:
HR 5. By Mr. Willoughby of Clinch:
That a committee be appointed on the part of the House and Senate and have as its object and purpose the formulating of a satisfactory agreement with the proper authorities of the State of Florida in order that bees may move freely between the two states.
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 10. By Mr. Elliott of Muscogee:
A resolution, the Senate concurring, that a committee of five, three to be named by the Speaker of the House, two by the President of the Senate, be appointed to notify the Governor that the General Assembly has completed the business of the extraordinary session and now stand ready to adjourn sine die.

WEDNESDAY, NOVEMBER 17, 1948

45

The following resolution of the House was read and adopted.
HR 10. By
A resolution, 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, be appointed to notify the Governor that the General Assembly has completed the business of the extraordinary session and now stand ready to adjourn sine die.

The President appointed on the part of the Senate Senators Bush of the 8th and Hooks of the 16th.
The committee appointed notified His Excellency the Governor, that the General Assembly had transacted its business and now stood ready to adjourn sine die, reported that it had dispatched its message to the Governor.
The President announced the Senate adjourned sine die at 1:05 P. M.

46

JOURNAL OF THE SENATE,

REGULAR SESSION Senate Chamber, Atlanta, Georgia. Monday, January 10, 1949

The Senators-elect of the General Assembly of Georgia for the year 1949-50 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Lt. Governor S. Marvin Griffin, President of the Senate.
The invoation was offered by Rev. W. 0. Smitha of Austell, Georgia.
The following communication from the Honorable Ben W. Fortson, Secretary of State, certifying the Senators-elect in the general election of 1948, was received and read:

State of Georgia Department of State
Atlanta Ben W. Fortson, Jr., Secretary of State

President of the State Senate State Capitol Atlanta, Georgia

January lOth, 1949

Dear Sir: I am transmitting herewith the names of the Senators elected in the general
election held November 2, 1948, 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
State of Georgia
Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the one page of typewritten matter hereto attached contains a true and correct list of the Members of the Senate of the General Assembly of the State of Georgia elected in the general election held the second day of November, 1948, 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 lOth day of January, in the year of our Lord One Thousand Nine Hundred and Forty-nine and of the Independence of the United States of America the One Hundred and Seventy-third.

Ben W. Fortson, Jr.,

(Seal)

Secretary of State

MONDAY, JANUARY 10, 1949

47

SENATORS GENERAL ASSEMBLY ELECTED IN THE

GENERAL ELECTION NOVEMBER 2, 1948

1st District 2nd District 3rd District 4th District 5th District 6th District 7th District 8th District 9th District lOth District 11th District 12th District 13th District 14th District 15th District 16th District 17th District 18th District 19th District 20th District 21st District 22nd District 23rd District 24th District 25th District 26th District 27th District 28th District 29th District 30th District 31st District 32nd District 33rd District 34th District 35th District 36th District 37th District 38th District 39th District 40th District 41st District 42nd District 43rd District 44th District 45th District 46th District 47th District 48th District 49th District 50th District 51st District 52nd District
53rd District 54th District

Chatham,Effingham _________________________________ Spence M. Grayson

Bryan, Mcintosh, Liberty_______________________ M. F. Sims Brantley, Wayne, Long__________________________ Cecil M. Roddenberry

Charlton, Glynn, Camden _____________________ _ W. R. McCoy Ware, Atkinson, Clinch___________________________ Sam Wright

Echols, Lowndes, Lanier___________

J. E. Padgett

Thomas, Grady, MitchelL______________________ W. B. Cochran, Jr. Decatur, Seminole, Miller_______________________ Tom E. Rich Calhoun, Early, Baker___________________________ Frank Lunsford

Lee, Dougherty, Worth _______________ _

C. C. Ansley

Randolph, Terrell, Clay________________________ _ R. L. Boyett

Quitman, Stewart, Webster___________________ Dr. Loren Gary Macon, Schley, Sumter____________________________ Carl J. Ayers Bleckley, Dooly, Pulaski_________________________ James M. Dykes

Montgomery, Wheeler, Toombs______________ John C. Peterson

Laurens, Treutlen, EmanueL________________ A. T. Coleman

Jenkins, Screven, Burke _________________________ Walter W. Harrison

Richmond, Glascock, Jefferson_______________ Henry P. Eve

Warren, Taliaferro, Greene___________________ Crawford L. Pilcher

Baldwin, Hancock, Washington____________ Walter B. Williams, Jr.

Johnson, Jones, Wilkinson --------------------- J. H. Rowland

Monroe, Butts, Lamar____________________________ _ J. K. Zellner Crawford, Peach, Taylor________________________ John S. Harris

Muscogee, Chattahoochee, Marion_________ John H. Land

Harris, Upson, Talbot____________________________ Gerald B. Saunders

Spalding, Clayton, Fayette____________________ Albert Swint

Jackson, Barrow, Oconee________________________ Henry W. Davis

Morgan, Jasper, Putnam________________________ Charlie Mason

Columbia, Lincoln, McDuffie _________________ E. D. Clary, Jr.

Madison, Elbert, HarL --------------------------- J. K. Gholston

Franklin, Stephens, Habersham____________ Clarence Higginbotham

Lumpkin, Dawson, White_____________ Arthur E. Housley

Hall, Forsyth, Banks______________ Howard T. Overby

DeKalb, Gwinnett, Rockdale____________ Mell Turner

Walton, Henry, Newton____________ Gus Stark

Coweta, Meriwether, Pike______________________ D. B. Blalock

Carroll, Troup, Heard ____________________________ Willis Smith

Paulding, Haralson, Polk____________________ _ B. M. Jones

Douglas, Cobb, Cherokee ____________________ _ Glenn Florence

Towns, Union, Rabun___________ ------------------- Osborn L. Foster

Gilmer, Pickens, Fannin_______________________ Ed H. Rackley

Bartow, Chattooga, Floyd______________________ Claude C. Pittman

Whitfield, Gordon, Murray________ _

Wallace C. Bryant

Dade, Walker, Catoosa __________________________ R. W. Massey

Irwin, Ben Hill, Telfair_________________________ H. L. Layton

Pierce, Bacon, Coffee_________ ______________ Lee S. Purdom

Colquitt, Tift, Turner_____________________________ G. W. Newton

Crisp, Dodge, Wilcox_______________________________ Charles E. Tarver

Evans, Bulloch, Candler_________________________ J. Wallace Daniel

Oglethorpe, Clarke, Wilkes_____________________ George B. Brooks

Twiggs, Houston, Bibb __________________________ Grover Land

Fulton__________________________________________________________ Roy LeCraw

Brooks, Berrien, Cook___________________________ H. R. Garrett

Jeff Davis, Tattnall, Appling_________________ L. R. Ursrey

48

JOURNAL OF THE SENATE,

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.
Senator Saunders of the 25th being absent, was not administered the oath.

The following resolution was read and adopted:
SR 1. By Senator Pilcher of the 19th:
A resolution by the Senate that the rules of the 1947-48 session of the Senate of the State of Georgia be adopted as the rules for the 1949-50 session of the Senate of the State of Georgia, unless and until changed by action of said body; except Rule 134 shall be amended by striking the Committee on Military Affairs and Veterans Affairs as one committee, and substituting in lieu thereof the following two committees: (1) Committee on Military Affairs and (2) Committee on Veterans Affairs.
The president announced that the next order of husiness was the election of the Secretary of the Senate. Senator Stark of the 35th nominated Honorable George D. Stewart of Fulton County. The nomination was seconded by Senator Rodenberry of the 3rd and Senator LeCraw of the 52nd and upon motion of Senator Pilcher of the 19th the nominations were closed.
Senator Pilcher of the 19th moved that the president instruct the Secretary to cast the entire ballot for George D. Stewart, and the motion prevailed.
The president declared Mr. Stewart elected secretary by unanimous vote of the Senate.
The president appointed as a committee to locate and escort the secretary elect to his desk the following: Senators Padgett of the 6th, Peterson of the 5th and Eve of the 18th.
Secretary Stewart was administered the oath of office by the president.
Upon being presented to the members of the Senate by the president, the secretary addressed the Senate, expressing his appreciation of the honor conferred upon him.

The following resolution was read and adopted:
SR 2. By Senator Pilcher of the 19th:
Be It Resolved, by the Senate, that the Secretary of the Senate be instructed to notify the House that the Senate has organized and has elected Hon. George D. Stewart, county of Fulton, secretary, and is ready for the transaction of business.

SR 3. By Senator Pilcher of the 19th:
Be It Resolved by the Senate, the House concurring, that a Committee of five, three to be named by the Speaker of the House of Representatives, and two by the President of the Senate, be appointed to notify his Excellency, The Governor, that the General Assembly has convened and organized in regular session, and is ready for the transaction of business.
The president appointed on the part of the Senate: Senators Cochran of the 7th and Ansley of the lOth.

MONDAY, JANUARY 10, 1949

49

The president announced that the next order of <business was the election of a president pro tempore.
Senator Pilcher of the 19th nominated Honorable Spence Grayson, Senator of the 1st District, and the nomination was seconded by Senator Wright of the 5th.
Senator Pilcher moved that the Senate secretary be instructed to cast the entire ballot of the Senate for the Honorable Spence Grayson as president pro tempore and the motion prevailed.
The president declared Spence Grayson elected president pro tempora.
The president appointed as a committee to escort the president pro tempore elect to the president's stand: Senators Wright of the 5th, Sims of the 2nd and Smith of the 37th.
Upon being presented to the Senate by the president, the president pro tempore addressed the members in appreciation of his election as president pro tempore.
The president announced that the next order of business was the election of a doorkeeper.
Senator Harrison of the 17th nominated Hon. Perry A. Griffin of DeKalb County.
Senator Rich of the 8th moved that the nominations be closed and the motion prevailed.
Senator Rich of the 8th moved that the president instruct the secretary to cast the unanimous vote of the membership for Mr. Griffin as doorkeeper. The consent was granted and the president declared Mr. Griffin doorkeeper by unanimous vote of the Senate.
The president appointed as committee to find and escort Mr. Griffn to the president's stand the following: Senators Harrison of the 17th, Turner of the 34th and Smith of the 37th.
The next order of business being the election of a messenger Senator Tarver of the 48th nominated Hon. Zack Cravey, Jr., of Telfair County and the nomination was seconded by Senator Layton of the 45th.
The president 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. Cravey as messenger. The consent was granted and the President declared Mr. Cravey duly elected as messenger by unanimous vote of the Senate.
The president appointed as a committee to find and escort Mr. Cravey to the president's stand the following senators: Senators Dykes of the 14th, Cochran of the 7th and Coleman of the 16th.
The president present~d Mr. Cravey to the Senate and he responded with expression of appreciation for the honor he received.
The following resolution was read and adopted:

SR 4.

By Senator Pilcher of the 19th:
A resolution providing for rules to govern appointment of Senate attaches and fixing per diem and pay; and for other purposes.

50

JOURNAL OF THE SENATE,

SR 5. By Senator Pilcher of the 19th:
A resolution, the House concurring, that the Senate and House convene in joint session in the Hall of the House of Representatives at 11 o'clock AM on the 11th day of January, 1949, for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge; that a committee of five, two to be named by the President of the Senate and three by the Speaker of the House, be appointed to escort His Excellency, Governor Herman E. Talmadge, to the Hall of the House of Representatives.
The president appointed on the part of the Senate Senators Garrett of the 53rd and Lunsford of the 9th.
Senator Harrison of the 17th asked unanimous consent that the drawing of seats be dispensed with and that the Senators claim the seat where they were now sitting and the consent was granted.
A sealed communication was received from His Excellency the Governor, through Hon. Benton Odum, executive secretary. Senator Pilcher of the 19th asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted:
The Senate went into executive session at 11:15 o'clock.

The following communication was dispatched to His Excellency, The Governor through George D. Stewart, secretary of the Senate:
January 10, 1949 Honorable Herman E. Talmadge, Governor State Capitol Atlanta, Georgia

Dear Governor:

Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows :

Nominations sent to the Senate by you this date, were affil"med as follows:

Mrs. Ada Moore Healey, of Fulton County, to be a member of the Board of Regents of the Univel"sity System of Georgia, representing the State at Large, to succeed the Honorable John J. McDonough, for a term beginning at the end of the present session of the General Assembly of Georgia and expiring January 1, 1953. The vote on this confirmation was 53 to 0.

Honol"able Francis Stubbs, Sr., of the County of Coffee, to be a member of

the Board of Regents of the University System of Georgia, representing the

Eighth Congressional District, succeeding Honorable Millard Reese, for a term

beginning January 10, 1949, and expiring January 1, 1950. The vote on this

confirmation was 53 to 0.



Honorable Robert 0. Arnold, of the County of Newton, to be a member of the Board of Regents of the University System of Georgia, representing the Fourth Congressional District, succeeding Honorable C. J. Smith, for a term beginning January 10, 1949, and expiring January 1, 1956. The vote on this con-
firmation was 53 to 0.

Honorable James Peterson, of the County of Treutlen, to be a member of

MONDAY, JANUARY 10, 1949

51

the Board of Regents of the University System of Georgia, representing the First Congressional District, for a term beginning January 10, 1949, and expiring January 1, 1955. The vote on this confirmation was 53 to 0.

Honorable Cary Williams, of the County of Greene, to be a member of the Board of Regents of the University System of Georgia, representing the State at Large, succeeding Honorable Pope Brock, for a term beginning January 10, 1949, and expiring January 1, 1955. The vote on this confirmation was 53 to 0.

Honorable Hughes Spalding, of the County of Fulton, to be a member of the Board of Regents of the University System of Georgia, representing the State at Large, succeeding Honorable Earl B. Braswell, for a term beginning January 10, 1949, and expiring January 1, 1956. The vote on this confirmation was 53 to 0.

GDS:acc

Respectfully yours, George D. Stewart, Secretary of the Senate.

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

Mr. President:
The House has adopted the following resolutions of the House, to wit:
HR 5. By Mr. Twitty of Mitchell:
Be it resolved by the House of Representatives, the Senate concurring that the House and Senate meet in joint session in the halls of the House of Representatives, Tuesday, January 11th, at 11 o'clock for the purpose of hearing a message from His Excellency, the Governor.

HR 1.

By Mr. Twitty of Mitchell:
I am instructed by the House to notify the Senate that the House has organized by electing Hon. Fred Hand as Speaker and Hon. Joe Boone as Clerk, and is ready for the transaction of business.

HR 2.

By Mr. Twitty of Mitchell:
Be it resolved by the House of Representatives, 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, be appointed to notify His Excellency, the Governor, that the General Assembly has convened and is organized in regular session for the transaction of business.

Under provisions of HR 2 the Speaker has appointed as a committee on the part of the House the following members of the House, to wit:
Mr. Adams of Brantley, Mr. Battle of Decatur, and Mr. Gillis of Treutlen.
The Senate reconvened in a regular session at 11 :40 o'clock and resumed its regular order of business.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

52

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, January 11, 1949

The Senate met pursuant to adjournment at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Rev. W. 0. Smitha of Austell, Georgia.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Foster Garrett Gary Gholston

Grayson Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Sims Stark Swint Tarver Ursrey Wright Zellner

The following Senators did not answer to their names: Eve, Florence, Harris, Saunders, Smith, Turner, and Williams.

Senator Harrison of the 17th 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 Pilcher of the 19th asked unanimous consent that the Senate recess until 10:55 o'clock and the consent was granted.
The Senate reconvened at 10:55 o'clock.

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 3. By Senator Pilcher of the 19th:
A resolution providing that a committee of five be appointed to notify the Governor that the General Assembly has convened and organized and is ready for the transaction of business.
SR 5. By Senator Pilcher of the 19th:
A resolution that the General Assembly convene in joint session in the hall of the House of Representatives at 11 o'clock A. M. on the 11th day of January, 1949, for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge; and for other purposes.

TUESDAY, JANUARY 11, 1949

53

The Speaker has appointed as a committee on the part of the House the following:
Messrs. Chalker of Pulaski, Matthews of Peach and Byrd of Taylor.
Under SR 5 the hour of convening the jojnt session of the Senate and the House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the hall of the House of Representatives and the joint session, called for the purpose of hearing an address by His Excellency, Governor Herman E. Talmadge, was called to order by Hon. Fred Hand, Speaker of the House of Representatives.
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:
Lieutenant-Governor Griffin, Speaker Hand, and Lady and Gentlemen of the General Assembly of Georgia :
I am deeply grateful for this opportunity to report to you today. This message will deal with the over-all policies of my administration and will outline certain objectives which I believe to be for the best interests of the State as a whole. Next Friday, January 14th, I will deliver to you my budget message which will deal primarily with fiscal problems.
This is one of the most important sessions of the General Assembly in the history of Georgia. We stand today on the threshold of a golden opportunity. The challenge is ours.
We must work together, thinking things through-thinking of things as a whole--and planning a balanced legislative program designed to benefit the greatest number of our citizenry.
Many of you are sitting for the first time as members of the General Assembly. While in session, yours is the most important job in the State, and with it goes a correspondingly high responsibility. There will be many pressures brought to bear upon you, but I am sure that all of us will remember that we are here as representatives of the people as a whole and not any particular group or faction.
We are beginning our work here together at a time when Georgia faces the greatest opportunities in her history for constructive development and expansion. At such a vitally important time, I consider it a real privilege to work with you for the good of our State.
As Governor, I would like to express to you my appreciation and the appreciation of the people of Georgia for laying aside your daily tasks and sacrificing your time and money to come here and serve as a member of this sovereign branch of our democratic government.
A friend of mine made the remark the other day that the Georgia Legislature is truly representative of a broad cross-section of our people. He observed further that during his lifetime our legislative body in Georgia had shown constant improvement. His observation confirmed what I already believed. I am sure that as long as this Assembly reflects the needs and the wishes of the people, our democracy will survive against all alien attack.
In your body are some of the ablest and most far-sighted citizens in Georgia. In your body are many who realize the unlimited future that lies ahead for our

54

JOURNAL OF THE SENATE,

State and for our people. In your body are wise and sagacious leaders who are eager to work and carve a name for themselves upon the pages of our history.
In your body are many youthful veterans who understand the real value and meaning of democracy and who are ready to tackle our problems of state with vigar and determination.
Our measure of accomplishment during this session will be limited only by the unselfish efforts we put into the vast amount of work that lies before us.
Without any reserve, I pledge to each of you, here and now, my full and complete cooperation in the enactment and carrying out of a program of legislation designed to benefit the masses of our people.
The future greatness of our State is tied inseparably with two factors.
First-that Georgia's future progress and prosperity depends upon the development and conservation of our agricultural resources. We must conserve the soil of this State. We must fight our greatest enemy from within--erosion-to a victorious finish. We must replenish and protect our forests to hold our precious topsoil. We must help our farmers in every way to get a fair return for their labor and investment. We must do everything humanly possible to make life on the farms of our State comfortable, wholesome and profitable.
Second-that Georgia in this great new era of industrial expansion and decentralization over the whole nation, faces limitless possibilities as an industrial State. We must work with might and main to bring new industrial development to all parts of our state in order to strike a more favorable balance with our agricultural potential. We need more payrolls. We need job opportunities for our people. We need something to round out our farm incomes during slack seasons.
Since the turn of the century, Georgia's timber resources have become greatly depleted, and we have been engaged in farming methods which have given scant thought to soil conservation. Our rivers run red with precious topsoil flowing to the sea. The most important natural resource that we have is the productivity of our soil. This productivity must be nurtured and protected.
During recent years, forward looking Georgians have really begun to practice conservation in earnest. We are doing it by planting trees; we are preserving our remaining topsoil through the use of terraces and contour farming, and we are planting various kinds of cover crops.
Georgia's total acreage approximates thirty-eight million acres. Of this total, about twenty-five million acres are in forest lands, making our forest acreage consist of about two acres out of every three.
The timber industry and its ramifications in Georgia in 1948 was a three hundred million dollar business, employing some 120,000 people.
You may be interested in knowing that three million acres of our precious woodland suffer the ravages of fire every year. There is nothing so discouraging to a farmer as having fire sweep through a stand of timber.
About five million acres of our Georgia forests have become so depleted that much planting is needed to again put them on a productive basis. Land-use authorities in our State have told me that some two and one-half million acres of idle and abandoned farm land in Georgia should be planted in trees.
No other project would be of greater benefit to the people of our State than the full and adequate protection and development of our forest resources.
A statewide program to detect fires in their early stages, as well as equipment and manpower to send to the threatened area, are all badly needed in many sections of our State. Money spent in the protection and development of our forests should be considered as in the nature of an investment in the future.

TUESDAY, JANUARY 11, 1949

55

I want to see Georgia's forestry program expanded. What we spend on this item will pay big dividends in the way of greater income for our State and more industrial development, with a resulting increase in jobs and payrolls.
In my budget message to be delivered later, I will make specific recommendations to the General Assembly in regard to a forestry program. This will be one of the major objectives of my administration and has the universal support of our people.
Last month the State of Georgia purchased the Savannah Quartermaster Depot from the War Assets Administration for $808,100.00, to be used in the development of a State port. Officials of the Ports Authority say that this purchase saved the State some five million dollars.
The depot site was originally used for a group of cotton warehouses. Early in World War II the United States Army took over the property and spent some five million dollars in improving it. Competent appraisers have informed me that the existing facility could not be duplicated today for less than eight million dollars.
We have now acquired the first unit for the Ports Program. I hope that this move proves to be the seed from which a great development will grow.
During my administration as Governor, I want to see industrial harmony maintained within this State and the respective rights of labor and capital guarded and protected.
We have the finest people in the world here in Georgia and it has been forcefully proven that they make superior industrial workers. A man working on a job in Georgia should receive just as high compensation as workers in other states receive for similar work.
Georgia's record of excellent labor relations has been a great incentive in luring new industries.
I want to see our industrial workers in Georgia enjoy a decent standard of living with the opportunity of advancing themselves in wages and responsibility.
My good offices shall always be available to all groups who wish to work toward the common goal of a better society for all.
No State can make real progress unless it gives adequate attention to the problems of health, education, welfare, and public highways. Any growth or prosperity that we may enjoy in the future will depend a great deal on how we handle these matters.
The education of our children in Georgia has long been kicked around as a political football. Our teachers have always been underpaid and several times went for long periods without any pay at all. We have imposed upon our schools the greatest responsibility in the State, that of educating our citizens of tomorrow, yet, we have not been willing to inaugurate a sound plan of fiscal operation for our educational systems.
Our schools and colleges should operate under a well conceived and adequately financed plan designed to give better education to our children. I have never thought that it was quite right for our Georgia boys and girls to start off in life with two strikes against them as far as education is concerned. The primary mission of education is to equip our children to earn a living, enjoy a useful life and develop into responsible citizenship.
It is with regret that I report to you that in the last six years there has been

56

JOURNAL OF THE SENATE,

a material decrease in certain phases of Georgia's program of vocational education. This is set forth in the last annual report of the State Department of Education. In my estimation, this is most unfortunate because a great deal of the future progress and development of this State is dependent on the skill and technical knowledge of our people. This means vocational training.
It is my sincere hope that this Legislature will see to it that the further development of vocational education of this State will not be left to chance. In 46 of the 48 states of the nation earmarked funds for vocational education are provided by the various legislatures. This helps to insure its progress and development. Georgia is one of the two states that fails to do this. The security of this nation and of individuals, which vocational education helps materially to provide, is too important to be neglected. Any new legislation for education should see that this phase of education is amply provided for and protected.
Just yesterday, I talked to an educator who told me that Georgia is constantly losing valued members of the teaching profession who leave their jobs here for higher salaries in neighboring states.
I say to you clearly that it is our stringent moral responsibility to see to it that Georgia teachers' salaries are placed on a parity with those in neighboring states.
For a long time, the school bus drivers in Georgia have been pertty much in the category of the forgotten man. They have been promised an increase in their salaries, but it has never been forthcoming. The ever-increasing cost of operating automotive equipment and the plight in which our school bus drivers now find themselves make the necessity for such an increase immediate and mandatory.
The Georgia Education Association will present to you a plan called the "Minimum Foundation Program of Education," which is designed to provide every Georgia school child :
1. A competent teacher.
2. A well designed and equipped classroom.
3. Safe transportation if he lives beyond reasonable walking distance.
4. An adequate supply of textbooks and other learning aids.
The Georgia Education Association will furnish you with descriptive literature outlining the plan in detail.
I believe the Minimum Foundation Program, as adopted by the G. E. A., is good business for Georgia and I commend it to you for your favorable consideration.
The states of the South are banding together to develop the best facilities in America for the graduate, professional, and technical education of our citizens. Many of the major agricultural and industrial problems of this and other Southern states have arisen directly from the fact that our educational facilities are inadequate. This inadequacy can be met in part through regional action taken to develop regional educational services which will reduce unnecessary duplication of educational facilities, on one hand, and on the other hand, will allow us to join with other states in support of top-flight training centers which no one state could afford.
As Governor of Georgia, I have joined with chief executives of thirteen other states by agreeing to a compact under which this needed regional educational program may go forward rapidly. You will be presented with proposed legislation

TUESDAY, JANUARY 11, 1949

57

for the purpose of approving participation in this historic effort, and for appropriating funds for the effort.
Under the Hill-Burton Act, as adopted by the National Congress, provision has been made for Federal participation with the states and local governments in a program of rural hospital construction over a period of five years. Under this plan, the Federal government will put up $3,000,000,000 each year with a like amount from the state and local governments, making a total outlay of $9,000,000,000 per year. This comes as a blessing for Georgia. We, perhaps, as much as any other state, need to take hospital services to our sick folks in rural areas.
Over a period of five years, we will have expended a total of $45,000,000,000 in this direction. By the end of that time, we should have at least made a substantial beginning. I ask that this Legislature take full advantage of the opportunity offered under the Hill-Burton Act.
Every week I receive many sad and heart-tugging letters from Georgians over 65 years of age who have not been successful in obtaining old-age assistance.
As you know, the Federal law requires old-age assistance to be awarded on the basis of need as determined by case investigation. We have 159 counties in Georgia, and I can tell from my mail, that there is a decided lack of uniformity in administration of our old-age assistance law and many inequities existing in the distribution of such assistance.
An old-age recipient living on one side of a county line might draw one amount, yet another beneficiary just across the line, under similar circumstances, might draw a totally different amount. This is hard for our people to reconcile and I have never, myself, understood why such should be the case.
You are, of course, just as familiar with this situation as anyone else. I ask that you give close study to the administrative phases of the State Welfare Department, including the plan of operation, with a view toward obtaining a more equitable distribution of assistance funds. What I have had to say in this regard also applies to assistance for the blind, crippled and dependent children. Specific budgetary recommendations for this department will be outlined fully in my budget message.
Several important recommendations as to the future operation of our State institutions will also be made then. These recommendations will be formulated with the idea in mind of making our State institutions more nearly serve and fulfill the purposes for which they were established.
The administration of highway affairs in Georgia has developed over the years into a problem of major public concern involving the expenditure of large sums of tax money and the welfare of every citizen.
Direction of the State Highway Department requires rugged honesty, skilled administrative experience, and at least a working knowledge of road construction. Unfortunately, the Legislature cannot legislate these qualities into individuals who are sometimes appointed to head our Highway Department.
In the early years, the State had very little money to expend on the improvement of roadways and the administration of this department was not looked upon with the importance that it is today. Now, large sums are spent annually for road maintenance and new construction. More and more in Georgia, political interference has plagued our road program. Anyone can look at the highway map and they can readily see that the system we have now is a crazy, haphazard, patchwork with little or no thought given to over-all planning.
Whatever this General Assembly does to improve our highway program in

58

JOURNAL OF THE SENATE,

Georgia, I want you to lay a special emphasis on the construction of rural, post, school bus and farm-to-market roads.
It has been the common practice in this state for gubernatorial candidate to make most of their road commitments during the heat of a political campaign. Votes should not be the basis upon which our highways are located.
I do not think it is necessary for me to recount here Georgia's sad history in that regard. The need for a constitutional highway administration has been very evident for some time.
There are certain advantages and there are certain valid objections to any plan that might be offered for the creation of such a constitutional board. After the primary last summer, I secured material from several states which are reputed to have outstanding Highway Departments. I made a careful comparison between the conditions in the states studied and the conditions that now exist in Georgia, and have reached the definite conclusion that a Constitutional Three-man Highway Board, appointed by the Governor for staggered terms, subject to confirmation by the State Senate, would best suit our needs in Georgia.
After studying the advantages and disadvantages of the various forms of highway administration, it became apparent to me that the ideal plan for a constitutional highway administration must strike a suitable compromise between the efficiency and direct action of one-man control and the continuity of policy that can only be attained through a several-man commission.
I have gone over the three-member board plan carefully with competent highway engineers and administrators in this State and they have assured me that this is the best and most workable plan that can be devised for our State.
It is our responsibility to see that a long-range highway plan is formulated for Georgia. We must insure that it will be carried to a successful conclusion by the creation of a constitutional highway administration. It must be free from political interference and domination.
In accomplishing this we will have the full confidence and support of the people of Georgia.
There is another important department of our State government that I would like to bring to the attention of the General Assembly and that is the State Highway Patrol. All Georgians are justly proud of these guardians of our lives and property.
Politics and law enforcement do not mix.
No peace officers' organization can function efficiently unless the members thereof are assured adequate security in their jobs.
Members of this fine organization constantly risk their lives in law enforcement work for the State, and I believe that it is our responsibility to see that their dependents are protected in the event of death in line of duty and that they be given the benefit of a sound retirement program after a reasonable length of service with the State Highway Patrol.
I urge the General Assembly to establish a Civil Service System within that organization and that provision be made for a sound pension program, as well as death benefits in certain cases to surviving dependents.
Neither the State nor Federal governments will ever be able to repay our war veterans for services they rendered in defense of our flag and democratic way of life.

TUESDAY, JANUARY 11, 1949

59

Veterans of this State should have homes, the opportunity of marriage, and the privilege of rearing a family and developing into responsible citizenship. The State should do all within its power to make the G. I. Bill of Rights one hundred per cent effective within our borders. I want to see our veterans get on-the-job training, on-the-farm training, and other benefits to which they are entitled under the G. I. Bill of Rights.
I ask that the General Assembly enact suitable legislation, as a token of the appreciation of the people of Georgia for the sacrifice, heroism, and patriotism of the veterans of World Wars I and II, authorizing the issuance of a free, honorary driver's or chauffeur's license for life to such veterans, revocable only in accordance with the laws of this State. This license will be designed to serve as a badge of honor and a constant reminder of the gratitude of our people.
It is the duty and responsibility of the Legislature to pass an appropriation bill directing how the people's tax money shall be spent. I do not believe that any one man should be entrusted with this much responsibility. It leads to abuse and ultimately would destroy our democratic form of government. Therefore, I insist that this General Assembly pass an appropriation bill apportioning the revenue collected by the State and determining for what specific purposes that it shall be spent.
In making these appropriations, I ask that our responsibility to the people, of placing "first things first" be always remembered.
So that there can be no misunderstanding, I should like to here and now reiterate my position in regard to taxation. I realize that Federal and State taxes have become really burdensome for our people to bear. We must watch all functions and operations of the State government closely and exercise rigid economies wherever possible.
During the campaign last summer, I promised the people of Georgia that if we determined additional taxes were needed for added State services, that I would insist upon the General Assembly submitting all such tax measures to the people in a referendum for their approval or disapproval. Therefore, I must ask that any tax measures originating in this General Assembly carry a referendum provision.
This Legislature must deal with several important political issues. Not since reconstruction days have we been confronted with the prospect of oppressive force legislation from our national government. The so-called race or anti-segregation program now being pushed in the Congress of the United States, if enacted, will destroy states' rights as we know them today. The danger from an F. E. P. C. and anti-segregation legislation is very real. If there ever was a day that demanded consistency and union on the part of all of us, it is now. We must organize a common defense in all the states of the South. We must carry the South's side of the story to other states. We must teach the nation that segregation is best for all.
Let us send appropriate resolutions to the Georgia delegation letting them know that we are solidly behind them and that everything is in good hands on the home front.
If we are to do our full duty here at home, we must restore the elective franchise of this State to people who do their own thinking and vote in accordance with their own convictions and judgment.
To this end, I am pledged to devote every ounce of my strength and energy.
In all elections, State, County, and municipal, we have seen the dangers of

60

JOURNAL OF THE SENATE,

bloc voting. We have seen the dangers of marked ballots. We have seen the dangers of one so-called "free holder" standing at the polls and voting several hundred ballots during the course of a day. We have seen the dangers of votes being blindly cast on orders handed down by the communistic and radical element of the East.
To minimize and eliminate the hazard of bloc voting as far as is legally possible, I earnestly recommend that this Legislature revamp and vitalize the registration machinery in this State and also strengthen constitutional qualifications for voting.
My administration will not sponsor any so-called "subterfuge" legislation. What we do in these two particulars must be fair and honest and constitutionally sound so as to withstand attack in any court.
There has been some opposition expressed in the newspapers toward completely doing away with present registration lists. Several reasons have been advanced but I do not think any of them are worthy of consideration. Certainly, there can be no valid objection on the part of anyone to a plan whereby our registration procedure is materially strengthened and then require a complete re-registration of all voters. This would insure that all persons then on the qualified voter's list would be really qualified. We all know that such is not the case today.
You will notice that I have not used the word "education" in discussing voter qualifications. There are many people in our State who are not able to read and write, but who do possess a degree of wisdom and common sense necessary to understand the duties and obligations of citizenship. That is the real test, anyway.
In conclusion, lady and gentlemen of the House, I should like to discuss with you another matter which I consider of urgent importance, and that is, the further strengthening and implementation of our traditional County Unit System in Georgia. This is a job that we must do at this session of the General Assembly. No candidate for state-wide office would dare stand up and openly oppose the County Unit System.
The fight being waged against the County Unit System in Georgia is being carried on underground. I do not need to recall to your minds those very recent events which were staged solely in an effort to circumvent or dodge the County Unit System.
Neither do I need to recall to your memory the fact that a State employee under a previous administration brought an action in Federal Court to have our County Unit System declared unconstitutional.
I do not need to point out to you what would happen if our County Unit System of government in Georgia is ever successfully circumvented or done away with.
The small counties of our State would have no effective voice in the operation of our government. Your voices as Senators and Representatives would fall on deaf ears when you came to Atlanta to plead the cause of your constituency! And, if the County Unit System is ever abolished in Georgia, consolidation of our counties would follow just as surely as the dark of night follows the light of day.
Then, many of our present county courthouses will be missing. County seat towns that are flourishing today would wither and dry up on the vine. Lawyers would be forced to move their families to the new county seats. Many of our weekly newspapers would be forced to close down because of the loss of legal advertising. Many of our county officials would lose their offices in consolidation. Our taxes would be assessed by strangers. We would be tried by juries composed of

TUESDAY, JANUARY 11, 1949

61

jurors unknown to us. There would be the resulting inconvenience of having to drive long distances to the county seat. Business, in general, would suffer.
The County Unit System in Georgia has successfully protected us through the years from tyrannical rule by a political boss. It has kept our units of government close to the people, where they belong. It has insured a diffusion of political initiative throughout all sections of our State.
I recommend that this General Assembly adopt a resolution authorizing the submission of a constitutional amendment to our people which shall provide for the extension of our traditional County Unit System into the General Election.
Now, let us face the future working together. Let us keep our eyes steadily fixed on broader horizons. Let us realize that we are the leaders that a great democratic people have selected to translate their wishes into reality. Let us forget the narrow, blind, factional partisanship that has beset our State in the past.
Let us cast aside all political enmities in a common cause. Let us join hands in a battle for all the people of Georgia. Let us forget, for a time at least, political ambitions and political differences. Let us decide in our hearts that we will not fail our beloved State at this critical hour in her history.
With an eye single to these goals;with a spirit of patriotism and sacrifice, in a spirit of cordial cooperation, let us fight the good fight together under the guidance of, and faith in, a Divine Providence.
Herman E. Talmadge

Mr. Twitty of Mitchell moved that the joint session do now dissolve, and the motion prevailed.
The Senate reconvened in the Senate chamber and resumed the regular order of business.
A communication was received from His Excellency, the Governor, through his executive secretary, Hon. Benton Odum.
Senator Pilcher of the 19th moved that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the motion prevailed.
The Senate went into executive session at 12:05 o'clock.
The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, Secretary of the Senate:

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

January 11, 1949

Dear Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows :
Nomination sent to the Senate by you this date, was confirmed as follows: Honorable Lonnie Sweat, of the County of Pierce, to be a member of the State

62

JOURNAL OF THE SENATE,

Board of Education, representing the Eighth Congressional District, succeeding Honorable L. 0. Smith, for a term beginning January 10, 1949, and ending January 1, 1953. The vote on this confirmation was 49 to 0.
Respectfully submitted,
George D. Stewart,
Secretary of Senate
GDS:acc

The executive session was dissolved at 12:25 P. M., and the Senate reconvened in regular session.
Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn today it stand adjourned until 10:30 tomorrow, and the consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10:30 o'clock tomorrow morning.

WEDNESDAY, JANUARY 12, 1949

63

Senate Chamber, Atlanta, Georgia, Wednesday, January 12, 1949

The Senate met pursuant to adjournment at 10:30 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:

Ansley

Grayson

Peterson

Ayers

Harris

Pilcher

Blalock

Harrison

Pittman

Boyett

Higginbotham

Purdom

Brooks

Housley

Rackley

Bryant

Jones

Rich

Clary

Land, 51st

Roddenberry

Cochran

Land, 24th

Rowland

Coleman

Layton

Saunders

Daniel

LeCraw

Sims

Davis

Lunsford

Stark

Dykes

Mason

Tarver

Eve

Massey

Turner

Foster

McCoy

Ursrey

Garrett

Newton

Williams

Gary

Overby

Wright

Gholston

Padgett

Zellner

The following Senators did not answer to their names: Florence, Smith, and Swint.

Senator LeCraw of the 52nd presented a Bible appropriately inscribed, to the Senate.
Senator Saunders of the 25th, Senator-elect, presented himself at the secretary's desk where Judge Sam Boykin of the Coweta Circuit administered the oath of office.
Senator Harrison of the 17th 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 Purdom of the 46th asked unanimous consent that the president be permitted to make any necessary changes in the personnel of the committees and the consent was granted.
The President announced the following standing committees of the Senate for the session of 1949-1950:

64

JOURNAL OF THE SENATE,

AGRICULTURE

Tarver, Chairman Land of 51st, Vice-Chairman Lunsford, Secretary
Ansley Boyett Cochran Davis Harris Higginbotham Housley

Layton Mason Newton Padgett Rowland Sims Swint Ursrey Zellner

AMENDMENTS TO THE CONSTITUTION

Brooks, Chairman Roddenberry, Vice-Chairman Mason, Secretary
Clary
Eve Florence Grayson

Overby
Padgett Pilcher Pittman Purdom Saunders Smith

APPROPRATION

Purdom, Chairman Rowland, Vice-Chairman Wright, Secretary
Ayers Blalock Boyett Coleman Davis Dykes Gholston Housley, Secretary

Jones Layton Lunsford McCoy Overby Rackley Roddenberry
Sims Swint Williams

Lunsford, Chairman Harris, Vice-Chairman Housely, Secretary
Brooks Coleman

AUDITING

Layton Mason Massey Pittman

Foster, Chairman
Coleman, Vice-Chairman Eve, Secretary
Blalock Brooks

AVIATION

Grayson Mason Pilcher Smith

WEDNESDAY, JANUARY 12, 1949

65

BANKS AND BANKING

Clary, Chairman Bryant, Vice-Chairman Swint, Secretary
Blalock Brooks Coleman Dykes

Garrett Gholston Peterson Pilcher Saunders Williams

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT

Harrison, Chairman Mason, Vice-Chairman Roddenberry, Secretary
Harris

Land of the 24th Newton Rich Swint

CONSERVATION

Wright, Chairman Padgett, Vice-Chairman Saunders, Secretary
Bryant Daniel Garrett Harrison Jones Land of 51st

Layton Mason McCoy Newton Roddenberry Sims Tarver Ursrey

COUNTIES AND COUNTY MATTERS

Ayers, Chairman Layton, Vice-Chairman Rackley, Secretary
Blalock Coleman Davis Florence Foster Harrison Higginbotham

Jones Land of 24th Land of 51st LeCraw Lunsford Massey Roddenberry Rowland Stark

EDUCATION AND PUBLIC SCHOOLS

Zellner, Chairman Rackley, Vice-Chairman Padgett, Secretary
Boyett Clary Daniel Davis Eve Florence Foster Gholston Harrison

Higginbotham Housley Lunsford Newton Pittman Rowland Sims Swint Ursrey Wright Williams

66

JOURNAL OF THE SENATE,

ENGROSSING AND ENROLLING

Housley, Chairman Boyett, Vice-Chairman Stark, Secretary
Clary Eve

Higginbotham Pittman Rackley Tarver

Garrett, Chairman Mason, Vice-Chairman Bryant, Secretary
Brooks Cochran Florence Gary Grayson Harris LeCraw

FINANCE

Padgett Peterson Rich Saunders Smith Swint Tarver Turner Zellner

GAME AND FISH

Stark, Chairman Ursrey, Vice-Chairman Rodenberry, Secretary
Ansley Boyett Davis Dykes Harrison

Housley Massey McCoy Padgett Pittman Sims Tarver

GENERAL JUDICIARY

Smith, Chairman Land of 24th, Vice-Chairman Purdom, Secretary
Davis Grayson Mason

Overby Pilcher Rich Roddenberry Turner Zellner

HALLS AND ROOMS

Stark, Chairman Gholston, Vice-Chairman Harrison, Secretary
Davis Garrett

Jones Lunsford Rowland Sims

WEDNESDAY, JANUARY 12, 1949

67

HIGHWAYS AND PUBLIC ROADS

Rich, Chairman Sims, Vice-Chairman Gholston, Secretary
Ayers Blalock Clary Cochran Coleman Daniel Florence Foster Garrett Gholston

Higginbotham Housley Land of 51st Layton McCoy Newton Rackley Rodenberry Swint Ursrey Williams Wright Zellner

INDUSTRIAL RELATIONS

Swint, Chairman Peterson, Vice-Chairman Overby, Secretary
Ansley Blalock Boyett Cochran Coleman

Davis Eve Gholston Harrison Saunders Stark Williams Zellner

Turner, Chairman Smith, Vice-Chairman Overby, Secretary
Ansley Clary Cochran Dykes Harris

INSURANCE

Harrison Jones LeCraw Peterson Rowland Stark Tarver

INTERSTATE COOPERATIVE COUNCIL OF STATE GOVERNMENT

Pilcher, Chairman Saunders, Vice-Chairman Tarver, Secretary

Cochran Overby

JOURNALS

Tarver, Chairman Williams, Vice-Chairman Harrison, Secretary
Daniel

McCoy Rich Rowland Stark

MILITARY AFFAIRS

LeCraw, Chairman
Purdom, Vice-Chairman Massey, Secretary
Davis Eve Grayson

Harrison Housley
Land of 24th Overby Rackley
Turner

68

JOURNAL OF THE SENATE,

MINES AND MINING

Rackley, Chairman Housley, Vice-Chairman Jones, Secretary

Foster Land of 51st Newton

MUNICIPAL GOVERNMENT

Higginbotham, Chairman Land of 51st, Vice-Chairman Wright, Secretary
Ansley Bryant Harrison LeCraw

Massey
Newton Peterson Rich Tarver Turner

MOTOR VEHICLES

Ansley, Chairman Harris, Vice-Chairman Florence, Secretary
Ayers Brooks Clary

Cochran Mason Padgett Peterson Pilcher Turner

PENAL INSTITUTIONS

Jones, Chairman Foster, Vice-Chairman Ayers, Secretary
Bryant Daniel Eve Gholston McCoy

Massey Mason Padgett Purdom Rackley Rich Stark Wright

Boyett, Chairman Florence, Vice-Chairman Daniel, Secretary
Coleman Gary

PENSIONS

Land of the 51st Newton Smith Zellner

PUBLIC HEALTH

McCoy, Chairman Coleman, Vice-Chairman Daniel, Secretary
Ansley
Boyett Eve Gary

Harris Harrison Lunsford Massey Newton Pilcher Rich

WEDNESDAY, JANUARY 12, 1949

69

PUBLIC UTILITIES

Cochran, Chairman Turner, Vice-Chairman Davis, Secretary
Ansley Ayers

Blalock LeCraw Saunders Tarver

PUBLIC WELFARE

Williams, Chairman Florence, Vice-Chairman Dykes, Secretary
Brooks Coleman Daniel Davis Gary Gholston

Housley Higginbotham Layton Lunsford McCoy Rowland Stark Wright Zellner

Mr. President, Chairman Pilcher, Vice-Chairman Land of 24th, Secretary
Ansley Ayers
Boyett Blalock Clary Cochran Dykes Gary Grayson

RULES

Harris Jones Land of the 51st LeCraw Overby Padgett Purdom Saunders Stark Swint Ursrey
Williams

Pittman, Chairman
Eve, Vice-Chairman Foster, Secretary
Ansley Bryant Dykes Florence Gary Garrett

SPECIAL JUDICIARY
Housley Land of the 51st Layton LeCraw Rackley Roddenberry Stark Turner Ursrey

STATE OF THE REPUBLIC

Overby, Chairman
Dykes, Vice-Chairman Tarver, Secretary
Coleman Foster Garrett
Grayson

Layton
Pilcher Purdom Rowland Smith Stark Ursrey

70

JOURNAL OF THE SENATE,

TEMPERANCE

Saunders, Chairman Land of 24th, Vice-Chairman Purdom, Secretary
Brooks Grayson Housley

Jones LeCraw Roddenberry Stark Wright

UNIFORM LAWS

Ursery, Chairman Newton, Vice-Chairman Cochran, Secretary
Daniel Gholston

Peterson Pittman
Smith Turner

UNIVERSITY SYSTEM OF GEORGIA

Gholston, Chairman Brooks, Vice-Chairman Peterson, Secretary
Ansley
Blalock Boyett Bryant Dykes Eve Garrett

Gary McCoy Overby Pittman
Saunders Smith Turner Williams Zellner

VETERANS AFFAIRS

LeCraw, Chairman Housley, Vice-Chairman Williams, Secretary
Bryant Clary Florence

Foster Land of the 24th McCoy Rackley Roddenberry Sims

WESTERN & ATLANTIC RAILROAD

Gary, Chairman Massey, Vice-Chairman Jones, Secretary
Housley
Lunsford

McCoy Swint Ursrey Wright

The President presented to the Senate his brother-in-law, Hon. Bruce C. Davis of the Comptroller General's office of the State of Florida.

The following bills and resolutions were read the first time and referred to committees :
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th, and Grayson of the 1st:
A bill to abolish the Agricultural and Development Board; to create within the Executive Department a Department of Commerce; to provide

WEDNESDAY, JANUARY 12, 1949

71

a Board of Commissioners for the operation of said department and to provide for the appointment and terms of office of chairman and members of the board; to provide for the appointment of a secretary of the board, his term of office, compensation and duties; to provide for employment of assistants and agents for aid in counsel; to provide for the payment of expenses of the board; and for other purposes.
Referred to Committee on State of Republic.

SB 2. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th, and Grayson of the 1st:
A bill to provide it shall be the ministerial duty of the Secretary of State to furnish, prepare for, and deliver to the Governor for his signature and seal of the Executive Department, all commissions, dedimi potestatems, and bonds for public officers which are required to be commissioned by the Governor; to provide that the executive secretary of the Executive Department send to the Secretary of State a copy of all appointments made by the Governor, and for other purposes.
Referred to Committee on General Judiciary.
SB 3. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th, and Grayson of the 1st:
A bill to amend the act of 1937, page 499, Georgia Laws 1937, by striking Section 100-101 of the Code of Georgia of the 1947 Cumulative Pocket Parts and substituting a new section as follows: State Depositories-Creation of a board to be known as State Board of Depositories, consisting of the Governor, Comptroller-General, and State Auditor; to provide said board to name and appoint state depositories under the general law governing bank depositories; empowering said board to direct the State Treasurer what amount of what sums of money shall be deposited in each of said state depositories, provided said depositories furnish the bond required by law; and for other purposes.
Referred to Committee on State of Republic.
SB 4. By Senator Pilcher of the 19th:.
A bill to amend the charter of Warrenton approved December 12, 1859 and the acts amendatory thereof; to provide for a method of taxation of the residents of the city of Warrenton and the method of returning and assessing property therein; and for other purposes.
Referred to Committee on Municipal Government.

SB 5. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th and Grayson of the 1st:
A bill to repeal the act creating the Georgia Citizens Council approved March 9, 1945, and for other purposes.
Referred to Committee on State of Republic.

SB 6.

By Senator LeCraw of the 52nd:
A bill to establish a local government commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein, for the purpose of modernizing and streamlining local governments; to provide said commission may draft

72

JOURNAL OF THE SENATE,

a plan or plans consolidating the governments of Fulton County and the City of Atlanta, to submit to the people; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 7. By Senators Pilcher of the 19th, Purdom of the 46th, Overby of the 33rd, Smith of the 37th, Dykes of the 14th, Harrison of the 17th, Ansley of the lOth and Zellner of the 22nd:
A bill to establish a retirement system for the employees of the Department of Public Safety and other agencies of the state under a merit system as funds may hereafter be provided; and for other purposes.
Referred to Committee on State of Republic.

SB 8. By Senators Smith of the 37th and Blalock of the 36th:
A bill to supplement the salary of the judge of the Superior Court of the Coweta Circuit by the counties composing said circuit; and for other purposes.
Referred to Committee on General Judiciary.

SB 9. By Senators Smith of the 37th and Blalock of the 36th:
A bill to amend the act abolishing the fee system in the Superior Courts of the Coweta Circuit as applied to the office of Solicitor General by raising the salary of the Solicitor General; and for other purposes.
Referred to Committee on General Judiciary.

SB 10. By Senators McCoy of the 4th and Tarver of the 48th:
A bill to be entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of dentistry; and for other purposes.
Referred to Committee on Public Welfare.

SB 11. By Senator Purdom of the 46th:
A bill to provide penalties for the illegal killing of deer, by providing that vehicles and conveyances used to transport deer killed in violation of the law shall be contraband and shall be seized and condemned; and for other purposes. Referred to Committee on Game and Fish.
SB 12. By Senator Purdom of the 46th:
A bill to prohibit the use of traps, poisons, drugs, etc., for hunting wild game; to define night hunting; to provide penalties; and for other purposes. Referred to Committee on Game and Fish.
SB 13. By Senator Purdom of the 46th:
A bill to require permission to hunt game on lands of another; to prescribe penalties; and for other purposes. Referred to Committee on Game and Fish.

WEDNESDAY, JANUARY 12, 1949

73

SB 14. By Senator Land of the 24th:
A bill to amend the act creating the Board of Commissioners of Muscogee county approved August 24, 1872, and the acts amendatory thereof by providing for the election of two additional commissioners, and to provide a change in the length of tenure of office; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 15. By Senator Pilcher of the 19th:
A bill to amend the charter of the City of Warrenton by providing a salary of $5.00 per month for each member of the City Council or Commission; and for other purposes.
Referred to Committee on Municipal Government.

SR 6.

By Senators Grayson of the 1st, Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Lunsford of the 9th, Stark of the 35th, Dykes of the 14th, McCoy of the 4th, Foster of the 40th, Ansley of the lOth, Jones of the 38th, Higginbotham of the 31st and Cochran of the 7th:

A resolution to amend the constitution by striking paragraph IV of section I of article V and inserting in lieu thereof a new paragraph to provide for the election of state officials in general elections on a county unit basis; and for other purposes.

Referred to Committee on Constitutional Amendments.

SR 7. By Senator Purdom of the 46th:
A resolution to officially designate state highway route No. 121 from Baxley to Race Pond via Blackshear and Hoboken as "The Brantley Memorial Highway."
Referred to Committee on Highways and Public Roads.

SR 8. By Senator LeCraw of the 52nd:
A resolution to amend the constitution by adding a new section to be known as section III to article XI to provide the General Assembly may consolidate the governments of the City of Atlanta and Fulton County and the school districts therein under certain conditions.
Referred to Committee on Constitutional Amendments.

SR 9. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A resolution requesting the Supreme Court to extend a rule granting six points to veterans taking the state bar examination for one year from December 15, 1948.
Referred to Committee on Special Judiciary.

SR 10. By Senators Purdom of the 46th, Harrison of the 17th, Jones of the 38th, Massey of the 44th, Rowland of the 21st and Pittman of the 42nd,

74

JOURNAL OF THE SENATE,

Roddenberry of the 3rd, McCoy of the 4th, Turner of the 34th, LeCraw of the 52nd, Pilcher of the 19th, Ursrey of the 54th and Wright of the 5th:
A resolution requesting department heads and officials of the state to grant immediate conferences with members of the General Assembly.
Referred to Committee on Halls and Rooms.
A sealed communication was received from His Excellency, the Governor, through Hon. Benton Odum, executive secretary.
Senator Pilcher of the 19th asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
The Senate went into executive session at 11:15 o'clock.

The following communication was dispatched to His Excellency the Governor, through George D. Stewart, secretary of the Senate:

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

January 12, 1949

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows :

Nominations sent to the Senate by you this day, were confirmed as follows:

Honorable Alex McLennan, of the County of Fulton, to be a member of the State Personnel Board to succeed Honorable W. Pete Harvey, for a term beginning January 11, 1949 and ending November 23, 1955. The vote on this confirmation was ayes 49, nays 0. One member voted present.

Honorable Stanley W. Brooks, of the County of Telfair, to be a member of the State Personnel Board to succeed Honorable Frank B. Cole, for a term beginning January 11, 1949 and ending November 23, 1952. The vote on this confirmation was ayes 49, nays 0. One member voted present.

Honorable R. M. Walker, of the County of Wayne, to be a member of the State Personnel Board to succeed Honorable John A. Mills, Jr., for a term beginning January 11, 1949 and ending November 23, 1950. The vote on this confirmation was ayes 49, nays 0. One member voted present

Respectfully yours,

George D. Stewart,

GDS-1W

Secretary of the Senate

WEDNESDAY, JANUARY 12, 1949

75

The Senate reconvened in regular session at 11 :30 o'clock and resumed its regular order of business.
Senator Pittman of the 42nd asked to be excused from the Senate next week for the purpose of attending the inauguration of the President, and the request was granted.
Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn today it stand adjourned until 10:30 o'clock tomorrow mo:rning.
The consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10:30 o'clock tomorrow morning.

76

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, January 13, 1949

The Senate met pursuant to adjournment at 10:30 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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett

Peterson Pilcher Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.
The consent was granted.

THURSDAY, JANUARY 13, 1949

77

The following privileged resolution was read and adopted:

By Senator Pilcher of the 19th:

RESOLUTION
WHEREAS, the Honorable Gerald Saunders, Senator from the 25th District was absent on Monday, January 10, 1949, and
WHEREAS, the Honorable Gerald Saunders, Senator of the 25th District, was absent because of the arrival of a blessed event to the Gerald Saunders, and
WHEREAS, the latest addition to the family of said Senator Saunders is a male heir, who has been christened Richard Vaden Saunders,
NOW, THEREFORE BE IT RESOLVED by the Senate that the congratulations of the members of the Senate be extended to Mrs. Gerald Saunders and to the proud father, the Honorable Gerald Saunders, and that the said Richard Vaden Saunders be enrolled as a page on the Senate roster for the day of January 10, 1949.

The following resolutions were read and adopted:
SR 11. By Senator Pilcher of the 19th:
A resolution that the rules for the government of the Senate in executive session be amended by adding thereto a new rule to be numbered as No. 8, which shall read as follows:
"In executive session any member of the Senate shall be limited to ten (10) minutes in speaking for or against the confirmation of any nominee under consideration by the Senate.

SR 12. By Senator Pilcher of the 19th:
A resolution, the House concurring, that the General Assembly of the State of Georgia convene in joint session at 11 o'clock in the hall ofthe House of Representatives for the purpose of hearing a message from His Excellency the Governor; and that a committee of five, two to be appointed by the President of the Senate and three to be appointed by the Speaker of the House to escort the Governor to the Hall of the House of Representatives.
The President appointed on the part of the Senate:
Senators Peterson of the 15th and Zellner of the 22nd.
A sealed communication was received from His Excellency, the Governor, through Hon. Benton Odum, executive secretary.
The following bills and resolutions were read the first time and referred to committees:

SB 16. By Senators Ursrey of the 54th, McCoy of the 4th, Purdom of the 46th, Roddenberry of the 3rd and Dykes of the 14th:
A bill to further regulate the sale, inspection and sampling of fertilizer

78

JOURNAL OF THE SENATE,

and fixing additional requirements governing same, and to provide penalties for violation; and for other purposes.

Referred to Committee on Agriculture.

SR 13. By Senator Saunders of the 25th:
A resolution authorizing the Governor to transfer certain lands of the State of Georgia from the Pine Mountain Valley Rural Corporation to Cason J. Callaway.
Referred to Committee on General Judiciary.

Mr. Howard T. Overby of the 33rd 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 1. Do Pass.
SB 2. Do Pass. SB 3. Do Pass. SB 5. Do Pass.
Respectfully submitted,
Overby of 33rd. Chairman

The following bills of the Senate, favorably reported by the committees, were read the second time:
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to abolish the Agricultural and Development Board, to create within the Executive Department the Department of Commerce, to provide a Board of Commissioners for the operation of said department and to provide for the appointment and terms of office of chairman and members of the boards; to provide for the appointment of a secretary of the board, his term of office, compensation and duties; to provide for employment of assistants and agents for aid and counsel; to provide for the payment of expenses of the board; and for other purposes.

SB 2.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to provide it shall be the ministerial duty of the Secretary of State to furnish, prepare for, and deliver to the Governor for his signature and seal of the Executive Department, all commissions, dedimi potestatems, and bonds for public officers which are required to be commissioned by the Governor; to provide that the executive secretary of the

THURSDAY, JANUARY 13, 1949

79

Executive Department send to the Secretary of State a copy of all appointments made by the Governor; and for other purposes.

SB 3.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to amend the act of 1937, page 499, Georgia Laws 1937, by striking section 100-101 of the Code of Georgia of the 1947 Cumulative Pocket Parts and substituting a new section as follows: State DepositoriesCreation of a board to be known as State Board of Depositories, consisting of the Governor, Comptroller-General, and State Auditor; to provide said board to name and appoint state depositories under the general law governing bank depositories; empowering said board to direct the State Treasurer what amount of what sums of money shall be deposited in each of said state depositories, provided said depositories furnish the bond required by law; and for other purposes.

SB 5.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th and Grayson of the 1st:
A bill to repeal the act creating the Georgia Citizens Council approved March 9, 1945, and for other purposes.

Senator Pilcher of the 19th asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor.
The consent was granted.
The Senate resolved itself into executive session at 11:05 o'clock.
The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:

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

January 13, 1949

Dear Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you this date, were confirmed as follows:
Honorable Benton Odom, of Baker County, to be executive secretary of the Executive Department for the State of Georgia for a term beginning November 17, 1948 and who shall serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Ernest Vandiver, Jr., to be Adjutant General of the State of Georgia for a term beginning November 17 ,1948 and running concurrent with the term of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable William K. Barrett to be aide to the Governor for the State of Georgia for a term beginning November 17, 1948 and who shall serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.

80

JOURNAL OF THE SENATE,

Honorable Sims Garrett, Jr., to be treasurer of the State Highway Department of Georgia for a term beginning November 17, 1948 and who shall serve for such term at the pleasure of the Governor, as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable Charles D. Redwine to be State Revenue Commissioner for the State of Georgia for a term beginning November 17, 1948 and expiring January 31, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable James L. Gillis to be director of the State Highway Department of Georgia for a term beginning November 17, 1948 and who shall serve for such term at the pleasure of the Governor, as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable B. B. George to be Supervisor of Purchases for the State of Georgia for a four-year term beginning November 17, 1948. The vote on this confirmation was ayes 50, nays 0.
Honorable W. Vaughn Rice, of the County of Towns, to be Assistant Attorney General, for a term beginning November 18, 1948, and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable Robert L. Addleton, of the County of Spaulding, to be Assistant Attorney General for a term beginning November 18, 1948 and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable John Houston, of the County of Gwinnett, to be Assistant Attorney General, for a term beginning November 18, 1948 and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable Truman V. Williams, of the County of Coffee, to be Assistant Attorney General, for a term beginning November 18, 1948 and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable A. P. Persons, of the County of Talbot, to be State Superintendent of Banks, for a term beginning November 18, 1948 and expiring January 1, 1952. The vote on this confirmation was ayes 50, nays 0.
Honorable J. E. Parker of the County of Long to be a member of the State Highway Commission, representing the First Congressional District, for a term running concurrent with that of the term as Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable Frank Tyson of the County of Mitchell, to be a member of the State Highway Commission, representing the Second Congressional District, for a term concurrent with the present term of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Dixon Oxford of the County of Terrell, to be a member of the State Highway Commission, representing the Third Congressional District, for a term concurrent with the present term of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Tom Steele of the County of Henry, to be a member of the State Highway Commission, representing the Fourth Congressional District, for a term concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.

THURSDAY, JANUARY 13, 1949

81

Honorable Henry McCalla of the County of Rockdale, to be a member of the State Highway Commission, representing the Fifth Congressional District for a term concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable Marvin E. Moate of the County of Hancock, to be a member of the State Highway Commission, representing the Sixth Congressional District for a term concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable L. C. Moss of the County of Gordon, to be a member of the State Highway Commission, representing the Seventh Congressional District, and to be vice chairman of said commission, for a term running concurrent with the present term of the Governor of the State of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable John B. Walker of the County of Telfair to be a member of the State Highway Commission, representing the Eighth Congressional District, for a term running concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable John Quillian of the County of Hall to be a member of the State Highway Commission, representing the Ninth Congressional District, for a term running concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable J. J. McLannahan of the County of Elbert to be a member of the State Highway Commission, representing the Tenth Congressional District, for a term running concurrent with the present term of the Governor of Georgia, and to be secretary. The vote on this confirmation was ayes 50, nays 0.
Honorable George W. Wilson of the County of Fulton to be director of the Department of Public Safety of Georgia for a term beginning November 18, 1948 and expiring November 18, 1952. The vote on this confirmation was ayes 50, nays 0.
Honorable D. S. Hudson, sheriff of Worth County to be appointed a member of the Department of Public Safety of the State of Georgia, for a term beginning November 18, 1948 and expiring as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable Earl Hamrick, sheriff of Twiggs County to be appointed a member of the Department of Public Safety of the State of Georgia, for a term beginning November 18, 1948 and expiring as provided by law. The vote on this confirmation was ayes 50, nays 0.
Honorable W. P. Wallis, Jr., of the County of Putnam to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nay-s 0.
Honorable T. Q. Sullivan of the Covnty of Clayton to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50 ,nays 0.
Honorable Gene Burkholder of the County of Chatham to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable George A. Sancken, of the County of Richmond to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.

82

JOURNAL OF THE SENATE,

Honorable Samuel Bulloch of the County of Meriwether to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Mrs. H. P. Russell, Sr., of the County of Thomas to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Charles G. Duncan, of the County of Fulton to be director of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Herbert B. Hayes of the County of Fulton to be a member the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Bluford Fowler, of the County of Meriwether, to be Superintendent of State Farms, effective November 19, 1948, for a term running concurrent with the present term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.
Honorable James Robert Parham of the County of Fulton to be assistant Attorney General, for a term beginning November 20, 1948 and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.
Reverend Augustus Ernest of the County of Jasper to be a member of the Milk Control Board of Georgia to serve at the pleasure of the Governor. The vote on this confirmation was ayes 50, nays 0.
Honorable Leo F. Griffin of the County of Chatham to be a member of the State Real Estate Commission succeeding Honorable Ward Wight for a term beginning November 24, 1948 and ending December 31, 1950. The vote on this confirmation was ayes 50, nays 0.
Honorable Luther P. Smith of the County of Bibb to be a member of the State Board of Barber and Hairdresser Examiners to succeed Honorable G. L. Funderburke, for a term beginning November 24, 1948 and ending November 9, 1950. The vote on this confirmation was ayes 50, nays 0.
Honorable P. C. Hutchinson of the County of Laurens to be a member of the State Board of Barber and Hairdresser Examiners, to succeed Honorable W. B. Horton, for a term beginning November 26, 1948 and ending November 9, 1951. The vote on this confirmation was ayes 50, nays 0.
Mrs. Frances M. Crouch of the County of Meriwether to be a member of the State Board of Barber and Hairdresser Examiners, to succeed Honorable F. D. Puckett, for a term beginning November 26, 1948, and ending November 9, 1949. The vote on this confirmation was ayes 50, nays 0.
Honorable Walter B. Morrison of the County of Montgomery to be a member of the State Board of Corrections to succeed the Honorable Ben Lambert for a term beginning November 29, 1948 and ending November 27, 1953. The vote on this confirmation was ayes 50, nays 0.
Honorable J. C. Dunn of the County of McDuffie to be a member of the State Board of Corrections, effective November 29, 1948, to fill the unexpired term of Honorable John L. Mavity of the County of Walker. The vote on this confirmation was ayes 50, nays 0.
Honorable J. R. Holland of the County of Chatham to be a member of the

THURSDAY, JANUARY 13, 1949

83

State Fish and Game Commission, representing the special appointment of the Counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden to succeed Honorable Roscoe Denmark, for a term beginning November 29, 1948 and ending January 1, 1955. The vote on this confirmation was ayes 50, nays 0.

Honorable Roy McGinty, Jr., of the County of Murray, to be a member of the State Fish and Game Commission, representing the Seventh Congressional District, for a term beginning November 29, 1948 and ending January 1, 1954. The vote on this confirmation was ayes 50, nays 0.

Honorable W. C. Ellis of the County of Jeff Davis to be a member of the State Fish and Game Commission, representing the Eighth Congressional District, to fill the unexpired term of Honorable H. Y. Tillman, for a term beginning November 29, 1948 and ending January 1, 1954. The vote on this confirmation was ayes 50, nays 0.

Honorable James R. Wynn, Jr., to be a member of the State Veterans Service Board, for a term beginning November 29, 1948 and ending April 1, 1950. The vote on this confirmation was ayes 50, nays 0.

Honorable Harrison Bray to be a member of the State Veterans Service Board, for a term beginning November 29, 1948 and ending April 1, 1953. The vote on this confirmation was ayes 50, nays 0.

Honorable Morris Pearlman to be a member of the State Veterans Service Board, for a term beginning November 29, 1948 and ending April 1, 1954. The vote on this confirmation was ayes 50, nays 0.

Honorable Allen Lumpkin Henson to be a member of the State Veterans Service Board, for a term beginning November 29, 1948 and ending April 1, 1955. The vote on this confirmation was ayes 50, nays 0.

Honorable W. E. Wilburn of Macon County to be a member of the State Board of Pardons and Paroles for the unexpired term of Grover Byers, resigned, for a term beginning on December 1, 1948 and expiring January 1, 1955. The vote on this confirmation was ayes 50, nays 0.

Mrs. Rebecca L. Rainey of Terrell County to be a member of the State Board of Pardons and Paroles to succeed Mrs. Helen Coxen, resigned, for a term beginning December 1, 1948 and expiring January 1, 1950. The vote on this confirmation was ayes 50, nays 0.

Honorable Leonard B. Bassford of the County of Richmond to be a member

of the State Fish and Game Commission to succeed Honorable John B. Kennedy

of the County of Richmond, from the Tenth Congressional District, for a term

beginning December 1, 1948 and expiring January 1, 1955. The vote on this

confirmation was ayes 50, nays 0.



Honorable George P. Whitman, Jr., of Fulton County, Georgia, and the Fifth Congressional District to be a member of the State Board of Education to succeed Mrs. Henry B. Troutman for a term beginning December 1, 1948 and ending January 1, 1955. The vote on this confirmation was ayes 50, nays 0.

Honorable P. Z. Geer of Miller County and the Second Congressional District to be a member of the State Board of Education to succeed E. M. Vereen for a term beginning December 1, 1948 and ending January 1, 1955. The vote on this confirmation was ayes 50, nays 0.

Honorable Sam Nunn of Houston County and the Third Congressional District to be a member of the State Board of Education to succeed W. T. Anderson for a term beginning December 1, 1948 and ending January 1, 1955. The vote on this confirmation was ayes 50, nays 0.

84

JOURNAL OF THE SENATE,

Honorable Glenn Milner of Floyd County and the Seventh Congressional District to be a member of the State Board of Education to succeed J. Roy McGinty for a term beginning December 1, 1948 and ending January 1, 1955. The vote on this confirmation was ayes 50, nays 0.
Honorable J. M. Forrester of the County of Crisp to be director of the Board of Social Security, to succeed Honorable William E. Ireland, for a term beginning December 1, 1948 and ending May 12, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable Robert Chastain of the County of Thomas to be a member of the Board of Social Security, representing the Second Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable W. J. McGarr of the County of Crisp to be a member of the Board of Social Security, representing the Third Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable Norman Peacock of the County of Lamar to be a member of the Board of Social Security, representing the Fourth Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable James Mann of the County of Rockdale to be a member of the Board of Social Security, representing the Fifth Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50. nays 0.
Doctor E. B. Claxton of the County of Laurens to be a member of the Board of Social Security, representing the Sixth Congressional District, for a term beginning December 1, 1958 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable Grady Ramey of the County of Chattooga to be a member of the Board of Social Security, representing the Seventh Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Doctor W. H. Powell of the County of Jeff Davis to be a member of the Board of Social Security, representing the Eighth Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Doctor H. M. Edge of the County of Union to be a member of the Board of Social Security, representing the Ninth Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable Frank Lee, Sr., of the County of Wilkes to be a member of the Board of Social Security, representing the Tenth Congressional District, for a term beginning December 1, 1948 and ending January 11, 1951. The vote on this confirmation was ayes 50, nays 0.
Honorable A. W. Smith of the County of Wilkes to be a member of the State Highway Commission, representing the State at Large, for a term running concurrent with that of the term of the Governor of Georgia. The vote on this confirmation was ayes 50, nays 0.

THURSDAY, JANUARY 13, 1949

85

Doctor W. K. Smith of the County of Bryan to be a member of the Board of Social Security, representing the First Congressional District, for a term beginning December 3, 1948 and ending January 11, 1951.

Honorable H. Grady Simmons of the County of Bulloch to be an Assistant Attorney General, for a term beginning December 6, 1948 and continuing at the pleasure of the Governor and Attorney General as provided by law. The vote on this confirmation was ayes 50, nays 0.

Honorable George B. Ward of the County of Wilkes to be a member of the Board of the Barber and Hairdresser Examiners to succeed R. V. Flournoy for a term beginning December 7, 1948 and ending November 9, 1949. The vote on this confirmation was ayes 50, nays 0.

Honorable W. 0. Purser of the County of Wheeler to be a member of the Board of Review of the Employment Security Agency of the State Department of Labor, succeeding W. C. Henson, Cartersville, for a term beginning December 21, 1948 and for the remainder of the six-year term expiring November 14, 1952. The vote on this confirmation was ayes 50, nays 0.

Honorable E. C. Oliver of the County of Thomas to be a member of the Georgia State Board of Pharmacy, succeeding Honorable M. W. Forte, for a term beginning November 1, 1948 and expiring on November 1, 1953. The vote on this confirmation was ayes 50, nays 0.

Doctor Spencer Kirkland of the County of Fulton to be a member of the State Board of Health from the Fifth Congressional District, to succeed Dr. Robert F. Maddox, for a term beginning December 30, 1948 and ending September 1, 1954. The vote on this confirmation was ayes 50, nays 0.

Honorable James F. Darby, Jr., of the County of Toombs to be a member of the State Fish and Game Commission, representing the First Congressional District for a term beginning January 1, 1949 and ending January 1, 1956. The vote on this confirmation was ayes 50, nays 0.

Honorable Walter Wainwright of the Cmmty of Taylor to be a member of the State Fish and Game Commission, representing the Third Congressional District, for a term beginning January 1, 1949, and ending January 1, 1956. The vote on this confirmation was ayes 50, nays 0.

GDS:1W

Respectfully yours, George D. Stewart, Secretary of the Senate

The Senate resumed its regular order of business at 11 :25.

Senator Blalock of the 36th asked unanimous consent that the following bills of the Senate be withdrawn from the committees, read the second time and recommitted:

SB 8.

By Senators Smith of the 37th and Blalock of the 36th:
A bill to supplement the salary of the judge of the Superior Court of the Coweta Circuit by the counties composing said circuit; and for other purposes.

86

JOURNAL OF THE SENATE,

SB 9. By Senators Smith of the 37th and Blalock of the 36th:
A bill to amend the act abolishing the fee system in the Superior Courts of the Coweta circuit as applied to the office of Solicitor General by raising the salary of the Solicitor General; and for other purposes.
The consent was granted and the bills were read the second time.

The following resolution was read and adopted:
SR 14. By Senator Pilcher of the 19th:
A resolution by the Senate, the House of Representatives concurring, that an official committee of eight, three to be named by the President of the Senate and five to be named by the Speaker of the House of Representatives of the General Assembly of the State of Georgia be sent to Washington, D. C., to the inauguration of the Honorable Harry S. Truman, President of the United States, the week of January 17, 1949 as the official delegation from the General Assembly of Geo1gia; and for other purposes.
The President appointed on the part of the Senate:
Senators Swint of the 26th, Cochran of the 7th, and Blalock of the 36th.
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 18. By Mr. Twitty of Mitchell:
Be it resolved by the House, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representatives on Friday, January 14, at 11 A. M., for the purpose of hearing the budget message of His Excellency, the Governor.
Be it further resolved that a committee of escort, three on the part of the House to be appointed by the Speaker, and two on the part of the Senate to be appointed by the President, to escort His Excellency, the Governor to the joint session.
The Speaker has appointed as a committee of escort on the part of the House the following members, to wit:
Messrs. Battle of Decatur, Drinkard of Lincoln, and Witherington of Wilcox.

Mr. President:
The House has adopted the following resolution of the Senate to wit:
SR 12. By Senator Pilcher of the 19th:
Be it resolved by the Senate, the House concurring, that the General Assembly of the State of Georgia convene in joint session in the hall of the House of Representatives at 11 o'clock A. M. on the 14th day of

THURSDAY, JANUARY 13. 1949

87

January, 1949, for the purpose of hearing a message from his Excellency, Governor Herman E. Talmadge.
Be it further resolved, that a committee of five, two to be named by the President of the Senate, and three to be named by the Speaker of the House of Representatives, be appointed to escort His Excellency, Governor Herman E. Talmadge, to the hall of the House of Represntatives.

The following resolution of the House was read and adopted:
HR 18. By Mr. Twitty of Mitchell:
A resolution, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representatives on Friday, January 14, at 11 o'clock for the purpose of hearing the budget message of the Governor; that a committee of escort, three on the part of the House and two on the part of the Senate be appointed to escort the Governor to the joint session.

The President appointed on the part of the Senate: Senators Peterson of the 15th and Zellner of the 22nd.

Senator Pilcher moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

88

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, January 14, 1949

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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Foster Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Layton LeCraw Lunsford Mason Massey McCoy Overby Peterson Pilcher

Pittman Purdom Rackley Roddenberry Rowland Saunders Stark Swint Tarver Turner Ursrey Wright Zellner

Senator Pilcher of the 19th 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 Pilcher of the 19th asked unanimous consent that the following bill of the Senate be recommitted to the Committee on State of Republic for the purpose of holding a public hearing :
SB 5. By Senator Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th and Grayson of the 1st:
A bill to repeal the act creating the Georgia Citizens Council approved March 9, 1945; and for other purposes.
The consent was granted and the bill was recommitted.
Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported.
5. Putting upon third reading bills and resolutions.

FRIDAY, JANUARY 14, 1949

89

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

Mr. President:
The House has adopted the following resolution of the Senate to wit:
SR 14. By Senator Pilcher of the 19th:
A resolution by the Senate, the House of Representatives concurring, that an official committee of eight, three to be named by the President of the Senate and five to be named by the Speaker of the House of Representatives of the General Assembly of the State of Georgia be sent to Washington, D. C., to the inauguration of the Honorable Harry S. Truman, President of the United States, the week of January 17, 1949 as the official delegation from the General Assembly of Georgia.

The Speaker of the House appointed on the part of the House the following members to wit:
Messrs. Stevens of Marion, Byrd of Taylor, Dorsey of White, Baker of Clarke and Drinkard of Lincoln.

The following bills and/or resolutions of the Senate were introduced, read the first time, and referred to committees :
SB 17. By Senators Wright of the 5th, Blalock of the 36th, Purdom of the 46th and McCoy of the 4th:
A bill to provide statewide forest fire protection for the protection and reforestation of forest lands: to define forest lands and forest fires, and for other purposes.
Referred to Committee on Conservation.

SB 18. By Senator Purdom of the 46th:
A bill to prescribe regulations for the distribution, sale and use of liquified petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to provide the Insurance Commissioner may promulgate rules and regulations covering design, construction, location, installation and operation of equipment for storing, handling, transporting and utilizing liquified petroleum gas; to provide penalties; and for other purposes.
Referred to Committee on General Judiciary.

SB 19. By Senators McCoy of the 4th, and Coleman of the 16th:
A bill to provide for the chartering of non-profit corporation group hospital insurance; to provide for regulations; to provide for authority of corporation to contract and operate, and for other purposes.
Referred to Committee on Insurance.

SR 15. By Senator Blalock of the 36th:
A resolution to provide for an emergency committee on forest fires composed of the Governor, director of the Forestry Department, a representative from the Highway Department, State Patrol, Wild Life De-

90

JOURNAL OF THE SENATE,

partment, Health Department and Georgia National Guard; to provide for the use of facilities of state departments; and for other purposes.
Referred to Committee on Conservation.

Mr. Land of the 24th District, vice chairman of the Committee on General Judiciary, submitted the following report:

Mr. President: Your Committee on General Judiciary has had under consideration the follow-
ing 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 Pass.
SB 9. Do Pass. Respectfully submitted,
Land of 24th District,
Vice Chairman

Mr. Rich of the 8th District, chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:

Your Committee on Highways and Public Roads 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 7. Do Pass.

Respectfully ,submitted, Layton of 45th District, Chairman

Mr. Pittman of the 42nd 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 resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SR 9. Do Pass. Respectfully submitted,
Pittman of 42nd District,
Chairman

FRIDAY, JANUARY 14, 1949

91

Mr. Brooks of the 50th District, chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President: Your Committee on Amendments to Constitution has had under consideration
the following resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SR 6. Do Pass.
SR 8. Do Pass. Respectfully submitted,
Brooks of 50th District,
Chairman

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

SR 6.

By Senators Grayson of the 1st, Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Lunsford of 9th, Stark of the 35th, Dykes of the 14th, McCoy of the 4th,~ Foster of the 40th, Ansley of the lOth, Jones of the 38th, Higginbotham of the 31st and Cochran of the 7th :

A resolution to amend the constitution by striking paragraph IV of section I of article V and inserting in lieu thereof a new paragraph to provide for the election of state officials in general elections on a county unit basis; and for other purposes.

SR 7.

By Senator Purdom of the 46th:
A resolution to officially designate State Highway Route No. 121 from Baxley to Race Pond via Blackshear and Hoboken as "the Brantley Memorial Highway"; and for other purposes.

SR 8.

By Senator LeCraw of the 22nd:
A resolution to amend the constitution by adding a new section to be known as section III to article XI to provide the General Assembly may consolidate the governments of the City of Atlanta and Fulton county and the school districts therein under certain conditions; and for other purposes.

SR 9.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th and others:
A resolution requesting the Supreme Court to extend a rule granting six points to veterans taking the state bar examination for one year from December 15, 1948.

The following general bills of the Senate were read the third time and put upon their passage:
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to abolish the Agricultural and Development Board, to create

92

JOURNAL OF THE SENATE,

within the Executive Department the Department of Commerce, to provide a Board of Commissioners for the operation of said department and to provide for the appointment and terms of office of chairman and members of the board; to provide for the appointment of a secretary of the board, his term of office, compensation and duties; to provide for employment of assistants and agents for aid and counsel; to provide for the payment of expenses of the board; and for other purposes.
Senator Davis of the 27th moved that further consideration of SB 1 be postponed until January 17.
On the motion to postpone the ayes were 34, nays 3. The motion prevailed and the bill was postponed.

SB 2. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to provide it shall be the ministerial duty of the Secretary of State to furnish, prepare for, and deliver to the Governor for his signature and seal of the Executive Department, all commissions, dedimi potestatems, and bonds for public officers which are required to be commissioned by the Governor; to provide that the executive secretary of the Executive Department send to the Secretary of State a copy of all appointments made by 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pilcher of the 19th asked unanimous consent that the Senate stand automatically adjourned until Monday morning at the completion of the joint session to hear the Governor's budget message at 11 o'clock, and the consent was granted.

The following resolution by Senator Blalock of the 36th was read and adopted:

A RESOLUTION
WHEREAS: The Chamber of Commerce of the City of Atlanta and the citizens of the City of Atlanta entertained the members of the General Assembly of the State of Georgia at a dinner on Thursday, evening, January 13, 1949 at the Atlanta Athletic Club; and
WHEREAS: Every member of the General Assembly deeply appreciates such an effort on the part of the Chamber of Commerce and the citizens of Atlanta to provide entertainment and social functions for the General Assembly;
NOW, THEREFORE: Be it resolved by the General Assembly of the State of Georgia that said General Assembly go on record as expressing its sincere thanks and appreciation to the Chamber of Commerce of the City of Atlanta and the citizens of the City of Atlanta for the splendid dinner and entertainment provided the members of the General Assembly as set out aforesaid. The Senate respectfully invites the House to concur in this expression of appreciation.

FRIDAY, JANUARY 14, 1949

93

The hour of convening the joint session of the Senate and House having arrived, the President, accompanied by the secretary and Senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing the Governor's budget message was called to order by the President.
The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.

His Excellency, the Governor, addressed the General Assembly as follows:
Mr. President, Mr. Speaker, and Members of the General Assembly of Georgia:
It is a pleasure and a privilege to appear before you for the purpose of complying with the requirement of the state constitution that the Governor shall submit to the General Assembly within 15 days after its organization a budget message together with a draft of a general appropriation bill providing funds for the operation of the various agencies of the state.
As you know, the constitution of Georgia stipulates that all funds collected from revenue measures shall be paid into the general fund of the state treasury and paid out only on appropriations authorized by the General Assembly.
The state constitution also provides that the appropriation for each agency shall be a specific amount of money and no appropriation shall be on the basis of the proceeds of any particular tax or fund or a part or percentage of any particular tax or fund.
The income of the State of Georgia available for appropriations reached an unprecedented high of $108,299,000.00 for the fiscal year ended June 30, 1948.
Checking the income for the period July 1, 1948 through January 10, 1949 we find that the net income of the state available to apply on appropriations for the period was $46,027,931.91 as compared to $46,876,479.21 income for the same period of last year when the income of the state reached the $108,000,000.00 mark. This reflects a decrease of $848,547.30 for the six months and ten days of this new fiscal year.
The trend, as you can see, certainly does not indicate a continued upward trend of state revenue, therefore, in my opinion it would not be to the best interests of the people of Georgia to anticipate more than approximately $108,000,000.00 in making definite fixed appropriations for the ensuing years.
By anticipating $108,000,000.00 income it is recognized that we are assuming a very hazardous position in view of the past years' experiences and are banking on the present economic conditions holding up to the present level.
The State Auditor has previously shown you that the average State income for the four years prior to 1946 was $60,500,000.00 per annum and during these years it fluctuated between $58,000,000.00 and $63,000,000.00.
The only increase in the method of taxation since those years which would tend to increase the State income was the Liquor Warehouse charges which produced $8,000,000.00 in the last fiscal year. Therefore, if this amount is added to the average you would have an average annual income of $68,500,000.00.
The facts and figures indicate that there is $40,000,000.00 of the present State income which is being realized solely by virtue of improved economic conditions in the State and to the general nation-wide inflation.

94

JOURNAL OF THE SENATE,

What future economic conditions will be is purely speculative and we are unable to ascertain whether or not the inflated income will continue. In view of this condition there appears to be only one course of -action to follow and that is to predicate a budget on $108,000,000.00 with the full realization that if the funds do not materialize that the appropriations will have to be reduced by budget action so as to fall within the provisions of the Constitution preventing the creation of obligations against the State for which no funds are available.
In order to assure protection to the financial structure of the State, and in view of the discussed additional financial support for various functions of the State, it is necessary that the budget bill be submitted divided into two sections.
The first section of the bill carries the proposed appropriations with a total of $108,000,000.00 which is in line with the previous year's revenue.
The second section of the bill carries proposed appropriations in line with the items and amounts which have been proposed for expanded services which will require money in excess of the previous year's revenue and cannot be put into force and effect until these additional funds are actually received.
It is absolutely essential that these two sections be kept separate and distinct since any addition to the first section of the bill will completely throw the financial machinery out of gear and cause heavy reductions to be enforced on the items provided for schools, health, welfare, highways and other services of the State, which has been given considerable study and provision made to carry on present operations.
In order to determine what has happened to the $48,000,000.00 increase in State income in the last years I have gone back and picked out a year, 1943, when the State budget was $59,824,000.00, and the closest budget that can be found to the $63,500,000.00 average normal State income. Checking the various items of appropriations then in existence as against the present proposals being submitted to you we find that 90% of the increased funds have gone to the functions of government which are now said to need additional financial support beyond what is being provided under the present revenue.
For your information $22,500,000.00 of the increased income is being provided for common school education, $2,600,000.00 for Teacher Retirement funds, $2,976,000.00 for the University System, $5,000,000.00 for Highway purposes, $1,556,000.00 for Department of Public Health, $1,652,000.00 for Tuberculosis Hospital, $3,000,000.00 for rural hospital program, $3,000,000.00 additional for Public Welfare Benefits, and $3,765,000.00 for the operations of the various institutions including an annual $1,000,000.00 building and equipment fund.
It is highly improbable that any of us will want to recommend decreases for these functions of the State which are more to the interest of the welfare of the State than any other items of the State budget.
In the first section of the appropriation bill which is being submitted to you and which I ask that you enact into law, sufficient provision has been made to carry on the present functions of the State government as they now exist with the exception of four items of tremendous importance which we have been able to work out within the present revenue and which should be carried out, in my opinion, for the best interests of the people of Georgia.
For your information I will enumerate these items and ask that you concur in the recommendations.
The present budget for the Department of Education including the institutions under their control is $40,915,000.00. Proposed in the bill that is being sub-

FRIDAY, JANUARY 14, 1949

95

mitted to you is $41,500,000.00 for common schools. The increase of approximately $600,000.00 is being provided to supplement regular funds available with the stipulation that until other laws are passed that the bus drivers of the State be given from the common school appropriation a specific increase in salary over that being paid in the 1946-47 school year. The funds are to be paid on the basis of 4c per mile for the route miles traveled each month by school bus drivers.
The second item that we have been able to include in the present budget is $3,000,000.00 each year for rural hospital facilities to match $3,000,000.00 to be received by the State under the Hill-Burton Act of Congress, and $3,000,000.00 local funds. This will inaugurate in this State a $9,000,000.00 a year hospital facility program.
The third, and important change in the budget, that we have been able to incorporate in the present budget is $826,000.00 increase in the State institutions, principally at Milledgeville State Hospital.
Not only will this increase in institution funds provide for adjustments at Milledgeville Hospital which is hoped will cause this institution to render better service, but provision is also made for opening and operating the new buildings at the Traning School for Boys, the new buildings at the School for Mental Defectives, and the Training School for Colored Boys at Augusta.
The fourth and last provision that has been made for what I believe to be an absolute necessity in the proper advancement of the economic development of Georgia is the provision of $775,000.00 for the State Department of Forestry, which together with Federal and local funds will enable this Department to institute a $1,600,000.00 program for the protection and development of the forestry resources of this State. This is an increase of $500,000.00 over the present State funds provided and I sincerely hope that you will concur with me in this item.
I have selected the four items for increases within the present revenue not only because of their tremendous need in order to furnish services needed by the people, but also because by the expenditure of $4,926,000.00 in State funds the citizens of the State will receive benefits totalling $12,026,000.00 of Federal, State and local funds.
You will be furnished a complete copy of the proposed budget bill which will give you detailed items of the appropriations proposed for each Agency and which total $108,299,026.03. This is in line with the $108,299,859.94 State income for the last fiscal year.
Summarizing the appropriations which have been proposed within the present revenue and showing you that 97% of the appropriations proposed is provided for eighteen of the main agencies of the State with 3% being provided for all other agencies, I give you the following:

Common School Education ------------------------------------------- $ 41,500,000.00 Teacher Retirement System ------------------------------------------- 2,600,000.00 University System----------------------------------------------------------- 5,178,000.00 Highway Department ------------------------------------------------------ 21,251,913.00 Highway-Counties------------------------------------------------------------ 4,817,013.03

Public Health
Department -----------------------------------------------------------------T. B. Sanatorium ------------------------------------------------------Rural Hospitals -----------------------------------------------------------

2,100,000.00 2,050,000.00 3,000,000.00

96

JOURNAL OF THE SENATE,

Public Welfare Benefits and County Administration -------------------------State Institutions --------------------------------------------------------
Agricultural Department (Including $250,000.00 for Farmers' Market development) -----------------------------
Conservation Forestry, Game and Fish, Mines and Geology and Parks ------------------------------------------------------------------
Corrections Prisons ------------------------------------------------------------- ----------------
Public Safety Department ---------------------------------------------Revenue Department -------------------------------------------------------Legislative Department --------------------------------------------------Judiciary Branch -------------------------------------------------------------Veterans Service Office and Ed. CounciL_______ -------------All other Agencies of the State_______________________________________ _

7,880,000.00 5,950,000.00
950,000.00
1,694,000.00
950,000.00 1,750,000.00 1,700,000.00
500,000.00 538,000.00 700,000.00 3,190,100.00

TotaL--------------------------------------------------------------- $108,299,026.03
I most urgently request that you give consideration to the passage of the first section of the budget bill as submitted inasmuch as the amounts have been based on considerable study.
I would like to assure you that if this portion of the budget bill is enacted into law as proposed I will assume full responsibility for the successful financial operation of the State within the scope outlined in the first part of the bill and will enforce any economies that are possible during its administration.
It is fully recognized that it is a sovereign right of the General Assembly of Georgia to enact any appropriations in any manner that you see fit and I do not intend to encroach on your prerogatives. If anything develops whereby there is not complete satisfaction over the items as proposed, I do request, that if it is necessary for you to make some changes, you do not allow the changes to raise the total of the bill to an amount in excess of the $108,299,026.03 total now proposed in the budget bill.
As a word of caution to you members of the General Assembly, it is necessary to advise you that in proposing a budget of $108,000,000.00 I have taken the full limit of what we can expect in income and I am taking a chance on the revenue remaining at its present high peak. In taking this high figure I have not taken into consideration a safety reserve which I and the State Auditor consider would be good business in face of unstable conditions.
I ask that you, the members of the General Assembly, resist any effort on anyone's part to increase the total of the first section of this budget bill and I also most emphatically ask that you resist any effort by any State agency to transfer any part of the appropriations proposed in the second section contingent on new revenue to the first section of the bill.
That, lady and gentlemen of the General Assembly of Georgia, finishes the outline of the program to be financed within the present revenue laws.
Let us now talk about the increased financial support which is being discussed for the various functions of the State and which will require that some provision be made to produce the funds to pay.

FRIDAY, JANUARY 14, 1949

97

Necessarily these items of increased financial support will have to be carried in the second section of the appropriation bill and contingent solely on the receipt of the additional revenue.
It would be highly improper to provide for these appropriations on a fixed basis since by so doing we would place them on the books of the State as obligations and it is absolutely essential that we avoid this. We have planned that such amounts of the appropriations that can be paid, be made available as the funds become available.
I would first like to discuss the items carried in the contingent section of the budget bill proposed to you which are a repetition of the expanded services proposed in the budget message two years ago and which have not as yet been provided for.
I am tremendously interested in trying to carry on for the benefit of the people of Georgia the services outlined for which I will suggest items of appropriation together with the method of raising sufficient revenue to pay for them.
The items of additional services which were proposed two years ago which have not been canied out are for the benefit of the people who do not have anyone to fight their battles and are solely dependent on the members of the General Assembly and the State administration to look after their interests. This covers the field of rural roads, rural health services, Tuberculosis Hospital facilities and Public Welfare benefits.
The items of contingent appropriations for these purposes carried in the second section of the appropriation bill are $4,126,000.00 for rural road construction, $900,000.00 for rural health services, $1,500,000.00 for the Tuberculosis Hospital to enable the use of 1,000 additional beds and $1,500,000.00 for Public Welfare benefits which will be matched by $3,000,000.00 Federal funds to continue in effect the present program of the Public Welfare Department of placing needy, aged, blind and dependent children on the benefit rolls.
The items total $8,026,000.00 and I believe that you will agree with me that the provision of this amount of money for these specific purposes will be possibly of greater benefit to the masses of the people than any other particular form of service.
If you concur with me on these matters, it is my belief that it would be a very simple matter to raise or adjust some of the present revenue laws, such as 1c additional Motor Fuel Tax and 2c additional on Cigarette Tax or other similar items, which would produce even in non-inflation times sufficient funds to pay for these items, and to be consistent with my campaign pledge to the people of Georgia, I must request that if it is your judgment that this additional financial support should be given to these functions of government that you enact the necessary legislation with a referendum provision thereon so that the people of Georgia by their vote can register their agreement or disagreement.
You may include in this provision the additional $150,000.00 that has been suggested for additional funds for the establishment of farmers' markets and the $250,000.00 that has been suggested as additional aid in connection with forest fire protection, which would run the total items to $8,426,000.00.
The enactment of provisions for money and revenue to pay the items just discussed would round out the program that was advocated by me two years ago and which continues to be highly important to the people to my way of thinking.
Since the above program of expansion was advocated, there has developed in the last two years a program for greater increased financial support to the

98

JOURNAL OF THE SENATE,

educational functions of this State and this program has been designated as the Minimum Foundation Program for Education.
The program as advocated by the educational forces will require $34,123,720.00 in addition to the amount of funds provided in the first section of the appropriation act. This additional amount is being included in the second section of the appropriation bill and is contingent on raising additional revenue. With this you have a full picture of the situation making it easily ascertainable as to what must or can be done to meet this condition.
These additional funds advocated for education are really divided into three categories; $28,151,720.00 for common school education, $4,822,000.00 for the University System and $1,150,000.00 for the Teacher Retirement System which covers both the common schools and the University System.
During the campaign this past summer I endorsed the principles of a Minimum Foundation Program for Education. When I say Minimum Foundation Program for Education I mean at least minimum foundation of education to be provided for our school children to enable them to meet the turbulent conditions in highly competitive fields and to give them sufficient education to cope with the problems of earning a living.
All the discussion up to now has been on a minimum foundation of salaries for teachers and provisions for bus drivers, scholarships for future teachers and building funds for local schools, more funds for teacher retirement and buildings at the University System.
If the basic program which is submitted for enactment improves the type of education made available to our school children, I believe that the State of Georgia can well afford to give consideration to providing the necessary financial support to such a program.
I have a definite opinion that the educational forces of this State should determine the type of education that is to be made available to our school children and that the cost of teachers' salaries, or bus drivers' salaries should be determined on the basis of the ability of these persons to furnish these educational advantages, and it is hoped that the legislation being proposed for submission to you will take this into consideration.
There is proposed in the Minimum Foundation Program $400,000.00 per year to pay scholarships to students who indicate that they will enter the teaching profession after graduation from college. I am of the definite opinion that there are other phases of education which are more important at this time, and I am also of the opinion that this is not the time to place on the tax payers this type of additional cost. I recommend that you strike this provision from any law proposed and reduce the appropriations proposed in the second section of the budget bill by $400,000.00.
There is also carried in the Minimum Foundation Program for Education an item of $4,687,200.00 for a building fund for various counties of the State. I know of instances in Georgia where the counties have exhausted their local means of furnishing school facilities or where the buildings have burned and insurance carried was insufficient to replace the buildings, but in view of the general conditions of the State and the magnitude of the program being submitted, it is necessary for me to make the following recommendation. I recommend that the $4,687,200.00 for buildings proposed in the second section for buildings be stricken at this time, and that no provision of law with reference to same be enacted at this time.
The matter of additional funds in the amount of $1,150,000.00 for the Teacher Retirement System is predicated entirely on the amount of salaries paid the teach-

FRIDAY, JANUARY 14, 1949

99

ers and this increase necessarily follows along with whatever action the General Assembly takes with reference to providing additional funds for teachers' salaries.
There is in the second section of the bill which is contingent on additional revenue $4,822,000.00 for a building and equipment fund for the various University Branches and which is submitted to you as part of the Educational Foundation Program which has been advocated.
I recommend that this proposed amount be reduced by $2,322,000.00, leaving $2,500,000.00 as the annual amount that is to be provided for University System buildings and equipment. It is my opinion that if this reduced amount is made available and consistently used for purposes provided over a period of years, the University System officials can ultimately reach their goal in necessary facilities.
I ask that you members of the General Assembly also make a survey for the purpose of determining items of the Minimum Foundation Program which are absolutely essential at this time, keeping in mind that there is no reason for our State not being on a parity with other surrounding States. In making this statement, I recognize that all of the proposals which are being proposed would be highly desirable if they could be financed.
If in your opinion none of the recommendations that I have made for reductions in the proposals can be put into effect, then it will be necessary for provision to be made to submit to the people of Georgia the question of approving additional tax in the amount of $34,123,720.00 each year to provide the additional funds required for the Educational Program and $8,426,000.00 to finance the other needed services along the lines of rural roads, health and welfare services, making a total of $42,549,720.00 to be financed.
If in your opinion the recommendations that I have made for reductions in the proposals can be put into effect, then it will be necessary for provision to be made to submit to the people of Georgia the question of approving additional tax in the amount of approximately $26,714,520.00 each year to provide the additional funds required for the educational program and $8,426,000.00 to finance the other needed services along the lines of rural roads, health and welfare services, making a total of $35,140,520.00 to be financed if the programs are to be put into effect.
In the pre-legislative conferences you were given information showing that if the entire program of education, together with the other items of expanded services were to be financed, it would not be possible to do so except through three means: (1) by the changing of the present revenue laws, (2) the enactment of a complete new revenue law, or (3) the enactment of partial changes in the present revenue laws and new revenue law as a combination.
I can see no need of drawing various and sundry tax legislation until it is determined what course of action the General Assembly wishes to follow in determining the question, therefore, I recommend that the Ways and Means Committee of the House of Representatives together with the Secretary of the Tax Revision Committee and such other public officials as are desirable, make a study of this question and determine what course of action is to be followed in submitting the tax revision or proposed tax revision to the people of Georgia for their approval, or rejection.
This is to assure the members of the General Assembly that I will wholeheartedly join with you in such legislation as you deem necessary for the purpose of submitting the question of financing these programs to the people for their decision.

100

JOURNAL OF THE SENATE,

This, lady and gentlemen of the General Assembly, is the situation as I find it and the recommendations that I have made are given you in a sincere effort to establish a program for the benefit of the people of Georgia and I wish to assure you that I will cooperate with you in every way possible to the best interests of all concerned.
Herman E. Talmadge,
Governor

January 14, 1949.
Mr. Twitty of Mitchell moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
Under a previous motion, the Senate automatically stood adjourned until 10 o'clock Monday morning.

MONDAY, JANUARY 17, 1949

101

Senate Chamber, Atlanta, Georgia. Monday, January 17, 1949

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

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Florence Foster Gary Gholston

Grayson Harrison Higginbotham Housley Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Wright Zellner

The following Senators did not answer to their names: Dykes, Eve, Garrett, Harris, Jones, Padgett, Pilcher, Pittman, Smith, and Williams.

Senator Tarver of the 48th 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 Grayson of the 1st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading of bills and resolutions of the Senate and House.
3. Reports of standing committees. 4. Second readings of bills and resolutions. 5. Putting upon passage Senate bills ready for third reading.
The consent was granted.

102

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, to wit:
HB 5. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Camilla, to provide for an additional ad valorem tax; and for other purposes.

HB 6.

By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham, so as to empower said city to improve the streets and alleys of said city, to make and collect assessments against adjacent property owners; and for other purposes.

HB 12. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act approved August 3, 1927, entitled an act to reenact the charter of the City of Macon contained in the act approved August 17, 1914; to ratify and confirm the ordinance of the mayor and council; and for other purposes.

HB 13. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act approved August 3, 1927, entitled "An act to reenact the charter of the City of Macon contained in the act approved August 17, 1914; to ratify and confirm the closing that portion of the alley running from Cherry Street to Park Lane ; and for other purposes.

HB 14. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act establishing the City Court of Macon; and for other purposes.

HB 16. By Mr. Jolly of Franklin:
A bill to amend an act to abolish the office of Tax Receiver and Tax Collector of Franklin County; and for other purposes.

HB 17. By Mr. Jolly of Franklin:
A bill to amend an act to fix the salary of the Treasurer of Franklin County; and for other purposes.

HB 19. By Mr. Aycock of Jenkins:
A bill to amend "An act to establish the City Court of Millen, to define its jurisdiction and powers, to provide for the election of a judge; and for other purposes.

HB 20. By Mr. Aycock of Jenkins:
.A w bill- a~thorize and direct the proper authorities of the County of

MONDAY, JANUARY 17, 1949

103

Jenkins to pay the sum of sixty dollars monthly to the Ordinary in addition to the fees and compensation now allowed by law; and for other purposes.

HB 24. By Mr. Cook of Chattooga:
A bill to change the method of compensation of the Tax Collector of Chattooga County; and for other purposes.

HB 27. By Messrs. Durden and Davis of Dougherty:
A bill amending an act creating a new charter for the City of Albany; and for other purposes.

HB 29. By Mr. Davis of Bartow:
A bill to amend an act granting a new city charter for the City of Cartersville; and for other purposes.

HB 82. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; defining the corporate limits of said city; and for other purposes.

HB 36. By Mrs. Blitch of Clinch:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch; and for other purposes.

HB 42. By Mr. Briscoe of Walton:
A bill to amend an act to provide for a system of retirement payment for certain employees of the City of Monroe; and for other purposes.

HB 43. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act entitled "An act to create a Board of County Commissioners of Gwinnett County_; and for other purposes.

HB 47. By Messrs. Cranford and Carmichael of Coweta:
A bill to amend an act to abolish the office of tax receiver and tax collector for the County of Coweta; and for other purposes.

HB 49. By Mr. Ray of Warren:
A bill to provide for payment of $90.00 per quarter to the clerk of the Superior Court of Warren County; and for other purposes.

HB 50. By Mr. Ray of Warren:
A bill to authorize the commissioner of roads and revenues and the county treasurer of Warren County to pay. the tax receiver of Warren County the sum of three hundred fifty dollars per year; and for other purposes.

104

JOURNAL OF THE SENATE,

HB 51. By Mr. Ray of Warren:
A bill to amend the act creating a commissioner of roads and revenues of Warren County; and for other purposes.

HB 58. By Mr. Hodges of Butts:
A bill to amend an act creating the board of commissioners of roads and revenues of Butts County; and for other purposes.

HB 63. By Messrs. Cranford and Carmichael of Coweta:
A bill authorizing the board of commissioners of roads and revenues for Coweta County; to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

The following bills and/or resolutions of the Senate and House were introduced, read the first time and referred to the committees :
SB 20. By Senators Rich of the 8th, Zellner of the 22nd, Gholston of the 30th and Mason of the 28th:
A bill to authorize the Georgia Public Service Commission to prescribe uniform regulations for safety in the design, construction, location, installation, and operation of equipment for storing, handling and transporting liquefied petroleum gases; to provide for license to dealers; to provide a bond of $10,000 by dealers; to provide for penalties; and for other purposes.
Referred to Committee on Public Utilities.

SB 21. By Senator Land of the 51st:
A bill to provide for the creation of the office of solicitor general emeritus; to create the solicitors' general retirement fund of Georgia; and for other purposes.
Referred to Committee on General Judiciary.

SB 22.

By Senators Pilcher of the 19th, Cochran of the 7th, Foster of the 40th, Purdom of the 46th, Ansley of the lOth, Grayson of the 1st, Harrison of the 17th, Peterson of the 15th, Ayers of the 13th, Stark of the 35th, Boyett of the 11th, Tarver of the 48th, Swint of the 26th and Williams
of the 20th:

A bill to establish a minimum foundation program of education in Georgia to equalize educational opportunities; and for other purposes.

Referred to Committee on Education.

SB 23. By Senator Turner of the 34th:
A bill to provide that the insurance commissioner shall fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.
Referred to Committee on Insurance.

MONDAY, JANUARY 17, 1949

105

SB 24. By Senato1 Overby of the 33rd:
A bill to amend an act approved February 4, 1943, providing for the qualification and removal of members of the merit system council by providing no member of the merit system council shall have held political office or been an officer of a political party for 12 months preceding his appointment; and for other purposes.
Referred to Committee on State of Republic.

The following resolution was read and adopted:
SR 16. By Senator Grayson of the 1st:
A resolution commending Georgia Senators and Congressmen under the leadership of U. S. Senator Richard B. Russell for their courageous fight against the civil rights program in Congress.

The following bills of the House were read the first time and referred to committees:
HB 5. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Camilla, to provide for an additional ad valorem tax; and for other purposes.
Referred to Committee on Municipal Government.

HB 6. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham so as to empower said city to improve the streets and alleys of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 12. By Messrs. Vandiver, Miller and Trice of Bibb: A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.
HB 13. By Messrs. Vandiver, Trice and Miller of Bibb: A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.
HB 14. By Messrs. Vandiver, Miller and Trice of Bibb: A bill to amend an act establishing the city court of Macon; and for other purposes.
Referred to Committee on General Judiciary.

HB 16. By Mr. Jolly of Franklin:
A bill to amend an act to abolish the office of tax receiver and tax collector of Franklin County; and for other purposes.
Referred to Committee on Counties and County Matters.

106

JOURNAL OF THE SENATE,

HB 17. By Mr. Jolly of Franklin:
A bill to amend an act to fix the salary of the treasurer of Franklin County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 19. By Mr. Aycock of Millen:
A bill to amend an act to establish the city court of Millen; and for other purposes.
Referred to Committee on General Judiciary.

HB 20. By Mr. Aycock of Jenkins:
A bill to authorize and direct the proper authorities of the County of Jenkins to pay the sum of sixty dollars monthly in addition to the compensation now allowed the ordinary by law; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 24. By Mr. Cook of Chattooga:
A bill to be entitled an act to change the method of compensation of the tax collector of Chattooga County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 27. By Messrs. Durden and Davis of Dougherty:
A bill amending an act creating a new charter for the City of Albany; and for other purposes.
Referred to Committee on Municipal Government.

HB 29. By Mr. Davis of Bartow:
A bill to amend an act granting a new city charter to the City of Cartersville; and for other purposes.
Referred to Committee on Municipal Government.

HB 32. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; defining the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 36. By Mrs. Blitch of Clinch:
A bill to amend an act creating a board of commissioners of roads and revenues in and for the County of Clinch; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, JANUARY 17, 1949

107

HB 42. By Mr. Briscoe of Walton:
A bill to amend an act to provide for a system of retirement payment for certain employees of the City of Monroe; and for other purposes.
Referred to Committee on Municipal Government.

HB 43. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act to create a board of county commissioners of Gwinnett County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 47. By Messrs. Cranford and Carmichael of Coweta:
A bill to amend an act to abolish the office of tax receiver and tax collector for the County of Coweta; and for other purposes. Referred to Committee on Counties and County Matters.

HB 49. By Mr. Ray of Warren:
A bill to provide for payment of $90.00 per quarter to the clerk of the Superior Court of Warren County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 50. By Mr. Ray of Warren:
A bill to authorize the commissioner of roads and revenues and the county treasurer of Warren County to pay to the tax receiver of Warren County the sum of three hundred fifty dollars per year; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 51. By Mr. Ray of Warren:
A bill to amend the act creating a commissioner of roads and revenues of Warren County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 58. By Mr. Hodges of Butts:
A bill to amend an act creating the board of commiSSioners of roads and revenues of Butts County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 63. By Messrs. Cranford and Carmichael of Coweta:
A bill authorizing the board of commissioners of roads and revenues for Coweta 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.

108

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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:

SR 14.

SR 12.

SR 16.

SB 8.

SB 9.

SB 2.

SB 1.

Respectfully submitted, Housley of the 32nd, Chairman

The following local bills of the Senate were read the third time and put upon their passage:
SB 8. By Senators Smith of the 37th and Blalock of the 36th:
A bill to supplement the salary of the judge of the Superior Court of the Coweta Circuit by the counties composing said 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 9. By Senators Smith of the 27th and Blalock of the 36th:
A bill to amend the act abolishing the fee system in the superior courts of the Coweta Circuit as applied to the office of solicitor general by raising the salary of the solicitor general; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 17, 1949

109

The following general bills and resolutions of the Senate were read the third time and put upon their passage:
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to abolish the agricultural and development board; to create within the executive department a department of commerce; to provide a board of commissioners for the operation of said department and to provide for the appointment and terms of office of chairman, and members of board; to provide for the appointment of secretary of the board, his term of office, compensation and duties; to provide for employment of assistants and agents for aid and counsel; to provide for the payment of expenses of the board; and for other purposes.
Senator Davis of the 27th offered the following amendment:
Amend SB 1 in the following manner:
By striking section 7 in its entirety and inserting in lieu thereof the following:
Section 7. The members of the board shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred by them while attending meetings of the board and for travel to and from said meetings, however, said board shall be limited to not more than two meetings per month or twenty four meetings per year, and each of said meetings to be limited to not more than forty eight hours.
The amendment was adopted.

Senator Davis of the 27th offered the following amendment:
Amend SB 1 as follows:
By adding to the end of section 8: that said board shall not employ or have employed more than five (5) full time employees at any one time.
On the adoption of the amendment the ayes were 28, nays 9, and the amendment was adopted.
Senator Swint of the 26th offered the following amendment:
Amend SB 1 to name the proposed board "The Department of Commerce and Agriculture".
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 3. The bill, having received the requisite constitutional majority, was passed as amended.

SB 3.

By Senators Pilcher of the 19th, Purdom of the 48th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to amend the act of 1937, page 499, Georgia Laws, by striking section 100-101 of the Code of Georgia of the 1947 Cumulative Pocket Parts, and substituting a new section as follows: State DepositoriesCreation of a Board to be known as State Board of Depositories, consist-

110

JOURNAL OF THE SENATE,

ing of the Governor, Comptroller-General, and State Auditor; to provide said board to name and appoint state depositories under the general law governing bank depositories; empowering said board to direct the State Treasurer what amount of what sum of money shall be deposited in each of said state depositories, provided said depositories furnish the bond required by law; and for other purposes.
Senator Grayson of the 1st asked unanimous consent that action on SB 3 be postponed until January 18. The consent was granted and action was postponed.

SR 6.

By Senators Grayson of the 1st, Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Lunsford of the 9th, Stark of the 25th, Dykes of the 14th, McCoy of the 4th, Foster of the 40th, Ansley of the lOth, Jones of the 38th, Higginbotham of the 31st and Cochran of
the 7th:

A resolution to amend the Constitution by striking paragraph IV of section I of article V and inserting in lieu thereof a new paragraph to provide for the election of state officials in general elections on a county unit basis; and for other purposes.

Senator LeCraw of the 52nd moved that SR 6 be recommitted.

On the motion to recommit the ayes were 22, nays 19, and the motion prevailed.

SR 8. By Senator LeCraw of the 52nd:
A resolution to amend the Constitution by adding a new section to be known as section III to article XI to provide the General Assembly may consolidate the governments of the City of Atlanta and Fulton County and the school districts therein under certain conditions.
Senator Turner of the 34th asked unanimous consent that action on SR 8 be postponed until February 1, and the consent was granted.

SR 7. By Senator Purdom of the 46th:
A resolution to officially designate State Highway route No. 121 from Baxley to Race Pond via Blackshear and Hoboken as "The Brantley Memorial Highway."
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.
A sealed communication was received from His Excellency, the Governor, through his executive secretary, Hon. Benton Odum.
Senator Grayson of the 1st moved that the Senate resolve itself in executive session, for the purpose of considering a communication from His Excellency, the Governor.
The motion prevailed. The Senate went into executive session at 11 :45 o'clock.
The following communication to His Excellency, the Governor, was dispatched through George D. Stewart, Secretary of the Senate.

MONDAY, JANUAR"\ 17, 1949

111

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

January 17, 1949

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows :

Nominations sent to the Senate by you this date, were confirmed as follows:

Honorable Arlie D. Tucker, of Berrien County, to be chairman of the State Board of Workmens Compensation, representing the public at large, succeeding Patrick J. Riordan, for a term beginning January 10, 1949, and ending May 1, 1949. The vote on this confirmation was ayes 49, nays 0.

Honorable Arlie D. Tucker, of Berrien County, to be chairman of the State Board of Workmens Compensation, representing public at large, succeeding himself, for a term beginning May 1, 1949, and ending May 1, 1953. The vote on this confirmation was ayes 49, nays 0.

Honorable Lawton W. Griffin, of Dodge County, to be a member of the State Board of Workmens Compensation, succeeding Arlie D. Tucker, for a term beginning January 10, 1949, and ending May 1, 1953. The vote on this confirmation was ayes 49, nays 0.

Honorable Lawton W. Griffin, of Dodge County, to be a member of the State Board of Worokmens Compensation, succeeding himself, for a term beginning May 1, 1949, and ending May 1, 1953. The vote on this confirmation was ayes 49, nays 0.

Honorable W. Ernest Buckner, of Fulton County, to be a member of the State Board of Workmens Compensation, succeeding himself, for a term beginning a term beginning January 12, 1949, and ending January 12, 1952. The vote on this confirmation was ayes 45, nays 0.

Honorable H. W. Blount, of Burke County, to be a member of the State Board of Education, representing First Congressional District, to succeed Honorable William C. Clary, Jr., resigned, for a term beginning January 14, 1949, and ending January 1, 1953. The vote on this confirmation was ayes 49, nays 0.

Honorable J. B. Stanley, of Jefferson County, to be a member of the State Board of Corrections for the unexpired term of Mrs. Louise J. Blalock, resigned, for a term beginning January 11, 1949, and expiring November 27, 1950. The vote on this confirmation was ayes 49, nays 0.

GDS:acc

Respectfully yours, George D. Stewart, Secretary of the Senate

The Senate resumed the regular order of business at 11:55 o'clock.
Senator Grayson of the 1st moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

112

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 18, 1949

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:

Ansley Ayers Boyett Brooks Bryant Clary Coleman Daniel Davis Dykes Eve Foster Garrett Gary Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson

Pilcher Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Tarver Turner Ursrey Williams Zellner

The following Senators did not answer to their names : Blalock, Cochran, Florence, Padgett, Pittman, Swint, and Wright.

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today.
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees.
5. Second reading of Senate bills and resolutions favorably reported.
6. Second reading of House bills and resolutions favorably reported.
7. Third reading and passage of uncontested local House and Senate bills.
8. Third reading and passage of Senate bills and resolutions. The consent was granted.

TUESDAY, JANUARY 18, 1949

113

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

Mr. President:

The House has adopted the following resolutions of the House, to wit:
HR 24. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, Ray of Warren and McMullen of Washington:
A resolution expressing appreciation to the Atlanta Chamber of Commerce for their kind hospitality.

HR 27. By Mr. Edenfield of Mcintosh:
A resolution by the General Assembly of the State of Georgia memorializing the Congress of the United States on the return of Blackbeard Island to the State of Georgia.

The House has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 1. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
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.

HB 3.

By Messrs. Twitty and Hand of Mitchell:
A bill to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers; to designate the State Board of Health as the agency to administer such grants ; to prescribe the general conditions under which such grants shall be made by the State Board of Health; and for other purposes.

HB 52. By Mr. Hopkins of Charlton:
A bill to provide for the changing of the time for holding Superior Court in Charlton County; and for other purposes.

HB 54. By Mr. Raulerson of Pierce:
A bill to provide for four terms of Superior Court annually for Pierce County, to prescribe term time; to repeal conflicting laws; and for other purposes.

HB 59. By Mr. Adams of Brantley:
A bill to provide for the changing of the time for holding the Superior Court of Brantley County, Georgia, from the second Monday in September to the third Monday in September; and for other purposes.

The following bills were introduced, read the first time and referred to the committees :
SB 25. By Senator Pilcher of the 19th:
A bill to extend the provisions of the merit system act approved February 4, 1943 (Ga. Laws 1943, pages 171-177) to include the employees of

114

JOURNAL OF THE SENATE,

the State Highway Department; to repeal conflicting laws; and for other purposes.
Referred to Committee on State of Republic.

SB 26. By Senator Stark of the 35th:
A bill to increase the revenue of the state, to regulate and control the manufacture, purchase, sale, distribution, etc., of alcohol, brandy, rum, whiskey, and other distilled alcohol beverages; and for other purposes.
Referred to Committee on Temperance.
SB 27. By Senator Rich of the 8th:
A bill to amend an act amending an act establishing the City Court of Bainbridge pertaining to the clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 28. By Senator Rich of the 8th:
A bill to amend an act establishing the City Court of Bainbridge, pertaining to the judge and solicitor; providing that the salary of the judge and solicitor of said city court shall be $3600 per; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 29. By Senator Rich of the 8th:
A bill to amend an act creating the board of commissioners of roads and revenues for the County of Decatur; providing for their election, qualification, term of office, powers, duties and compensation as approved March 4, 1935; to increase the per diem pay of their services rendered to said county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 30. By Senator Rich of the 8th:
A bill to amend an act abolishing the office of tax collector of Decatur County; and creating in lieu thereof the office of tax commissioner; to fix his term, compensation, rights, liabilities and duties; to increase the salary of the tax commissioner from $4,000 per annum, payable monthly, to $5,000; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 31. By Senator Land of the 24th:
A bill to amend section 59-106 (816, 819, P. C.) 59-112 (871 P. C.) and 59-201 (811 P. C.) of the Code of Georgia of 1933, to entitle women to serve on juries; and for other purposes.
Referred to Committee on General Judiciary.

TUESDAY, JANUARY 18, 1949

115

SB 32. By Senators LeCraw of the 52nd and Turner of the 34th:
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; to empower the City of Atlanta to sell all or a part, or rent or lease or to improve and operate for any corporate purpose, upon such terms and conditions as may be fixed by the mayor and general council, the property known as Lakewood Park and also known as the Old Waterworks Property; and for other purposes.
Referred to Committee on Municipal Government.

SB 33. By Senator Zellner of the 22nd:
A bill to amend the act of the General Assembly approved March 30, 1937, and the acts amendatory thereof providing for a milk control board by eliminating the office of director and provide for a 5 man board, the chairman of the board to be the director; to provide the qualifications of members of the board; and for other purposes.
Referred to Committee on Agriculture.

The following bills of the House were read the first time and referred to committees :
HB 1. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
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 State of Republic.

HB 3. By Messrs. Hand and Twitty of Mitchell:
A bill to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers; to designate the State Board of Health as the agency to administer such grants; and for other purposes.
Referred to the Committee on Public Health.

HB 52. By Mr. Hopkins of Charlton: A bill to provide for the changing of the time for holding superior court in Charlton County; and for other purposes.
Referred to Committee on General Judiciary.
HB 54. By Mr. Raulerson of Pierce:
A bill to provide for four terms of superior court annually for Pierce County; and for other purposes. Referred to Committee on General Judiciary.
HB 59. By Mr. Adams of Brantley: A bill to provide for the changing of the time for holding the superior court of Brantley County; and for other purposes.
Referred to Committee on General Judiciary.

116

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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:

SR 7.

SR 9.

SR 17.

SB 3.

SB 14.

SB 16.

Respectfully submitted, Housley of the 32nd District,

Chairman

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 16. Do Pass, as amended.

Respectfully submitted, Tarver of 48th District,

Chairman

Mr. Ayers of the 13th 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 14. Do Pass. Respectfully submitted, Ayers of 13th District, Chairman

TUESDAY, JANUARY 18, 1949

117

The following bills of the Senate, favorably reported by the committees, were read the second time:
SB 14. By Senator Land of the 24th:
A bill to amend the act creating the Board of Commissioners of Muscogee County approved August 24, 1872, and the acts amendatory thereof by providing for the election of two additional commissioners, and to provide a change in the length of tenure of office; and for other purposes.

SB 16. By Senators Ursrey of the 54th, McCoy of the 4th, Purdom of the 46th, Rodenberry of the 3rd and Dykes of the 14th:
A bill to further regulate the sale, inspection, and sampling of fertilizer and fixing additional requirements governing same, and to provide penalties for violation; and for other purposes.
The following resolutions of the House were read and adopted:

HR 24. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, Ray of Warren and McMullen of Washington:
A resolution expressing appreciation to the Chamber of Commerce of Atlanta for their kind hospitality.

HR 27. By Mr. Edenfield of Mcintosh:
A resolution by the General Assembly of the State of Georgia memorializing the Congress of the United States on the return of Blackbeard Island to the State of Georgia.

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

SB 3.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to amend the act of 1937, page 499, Georgia Laws 1937, by striking section 100-101 of the Code of Georgia of 1947 Cumulative Pocket Parts, and substituting a new section as follows: State Depositories--Creation of a board to be known as State Board of Depositories, consisting of the Governor, Comptroller General, and State Auditor; to provide said board to name and appoint state depositories under the general law governing bank depositories; empowering said board to direct the State Treasurer what amount of what sums of money shall be deposited in each of said state depositories provided said depositories furnish the bond required by laws; and for other purposes.

Senator Pilcher of the 19th offered the following substitute:
A BILL
An act creating the State Depository Board; prescribing its powers and duties with reference to designation of State Depositories and regulating of deposits therein by the State Treasurer; transferring to the Board certain of the Governor's duties relative to depositories; repealing and amending inconsistent laws; and for other purposes.

118

JOURNAL OF THE SENATE,

BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

SECTION 1. A State Depository Board (hereinafter called the Board) is hereby created, consisting of the Governor, the Comptroller General, and the Treasurer; a majority of whom shall constitute a quorum, and the acts of a majority of whom shall be the acts of the Board.

SECTION 2. The Board may name and appoint as depositories of State funds, solvent banks and trust companies (whether oroganized under State or Federal laws) of good standing and credit in any city, town or community in this State. The Act approved March 31, 1937, found in published Laws of 1937, pages 499 and 500, providing for appointment of depositories by the Governor, is hereby repealed.

SECTION 3. Depositories appointed by the Board shall serve only during the pleasure of the Board and without definite term. There are hereby repealed Section 100-102 and Section 100-105 of the Code of 1933, providing for a term of four years for a depository, removal by the Governor and appointment of successor depositories. Depositories shall receive no salary or fees from the State.

SECTION 4. The Board shall determine (and may from time to time change) (a) the maximum amount of State monies which the State Treasurer may deposit in a particular depository; and (b) the maximum and minimum proportion of the State's funds which the Treasurer may maintain in a particular depository; provided depositories shall give security for State deposits as now required by law.

SECTION 5. The Board shall exercise an absolute discretion in performing its duties under the provisions of this Act.
SECTION 6. The State Treasurer shall hereafter deposit all State monies in compliance with the determination of the Board as to the maximum amount and proportion of deposits in particular depositories.
SECTION 7. Existing depositories shall continue in office for their appointed term but shall otherwise be subject to the provisions of this Act.
SECTION 8. Section 100-103 of the Code of Georgia of 1933, relating to the Governor's duties to make contracts for interest to be paid the State, and removal of a depository, and Section 100-106, relating to withdrawal of funds from an insolvent or embarrassed depository, are hereby amended by transferring to and vesting in the Board the authority and duties of the Governor under said sections.
SECTION 9. All laws and parts of laws inconsistent herewith are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
Senator Harrison of the 17th called for the ayes and nays, and the call was sustained.

TUESDAY, JANUARY 18, 1949

119

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Ayers Boyett Brooks Bryant Clary Coleman Dykes Florence Foster Garrett Gary Gholston

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Newton Overby Peterson Pilcher

Those voting in the negative were Senators:

Daniel Davis Eve

Harrison Lunsford Mason

The roll call was verified.

Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Tarver Turner Ursrey Wright Zellner
Massey Williams

On the passage of the bill by substitute the ayes were 39, nays 8.
The bill having received the requisite constitutional majority was passed by substitute.
Senator Grayson of the 1st asked unanimous consent that SB 3 be immediately transmitted to the House, and the consent was granted.

The following resolution of the Senate was read the third time and put upon its passage :
SR 9. By Senator Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:

A resolution requesting the Supreme Court to extend a rule granting six points to veterans taking the state bar examination for one year from December 15, 1948.
The report of the committee, which was favorable to the adoption of the resolution was agreed to.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourn until 10 o'clock tomorrow morning.

120

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, January 19, 1949.

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:

Ansley Ayers Boyett Brooks Bryant Clary Coleman Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett

Peterson Pilcher Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Tarver Ursrey Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.

2. First reading and reference of Senate bills and resolutions.

3. First reading and reference of House bills and resolutions.

4. Reports of standing committees.

5. Second reading of Senate bills and resolutions favorably reported.

6. Second reading of House bills and resolutions favorably reported.

7. Third reading and passage of uncontested local House and Senate bills.

8. Third reading and passage of Senate bills and resolutions. The consent was granted.

WEDNESDAY, JANUARY 19, 1949

121

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 4. By Messrs. Twitty of Mitchell, Gross of Stephens, Lewis of Hancock, and others:
A bill to establish a retirement system for the employees of the Department of Public Safety and such other agencies of the state under a merit system as funds may hereafter be provided; and for other purposes.

HB 7.

By Messrs. Twitty and Hand of Mitchell, Adams of Brantley, Tuten of Bacon, and others :
A bill to amend an act entitled "Public Safety Department"; and for other purposes.

HB 8.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, and others:
A bill to create a State Housing Authority Board; to provide for its membership of three thereon; and for other purposes.

HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon, and others:
A bill to amend an act creating the Department of Public Safety, creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.

HB 30. By Mr. Lewis of Hancock:
A bill to amend an act to provide for the filing of a petition to the Superior Court, or the Court of Ordinary, by any person desirous of establishing the time and place of his birth; and for other purposes.

HB 31. By Mr. Lewis of Hancock:
A bill to amend the code providing for the selection of an official organ for legal advertising, and for other purposes.

HB 44. By Mr. Howard of DeKalb:
A bill to repeal section 26-6902 of chapter 26 of the Code of 1933, which provides for the punishment for one found guilty of the offense of sodomy; and for other purposes.

HB 45. By Mr. Howard of DeKalb: A bill to amend section 26-2102 of the Code of Georgia of 1933 changing punishment for bribery; and for other purposes.
HR 9-59c. By Messrs. Twitty and Hand of Mitchell, Gross of Stephens, and others: A resolution giving legislative approval to a certain compact entered

122

JOURNAL OF THE SENATE,

into by the State of Georgia and other southern states by and through their respective governors relative to the development and maintenance of regional educational services in schools in the southern states; and for other purposes.

The House has adopted the following resolutions of the House and Senate to wit:
HR 31. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A resolution authorizing the state highway director to pay engineers C. B. Smith and M. L. Shadburn for services rendered the State of Georgia for the period January 14, 1947 through March 19, 1947.

SR 16. By Senator Grayson of the 1st:
A resolution commending the members of Congress for their efforts in fighting for the sovereign rights of the states.
The following bills and/or resolutions were introduced, read the first time and referred to the committee:
SB 34. By Senators Gholston of the 30th, Mason of the 28th, Daniel of the 49th, Swint of the 27th, Foster of the 40th, Higginbotham of the 31st, Brooks of the 50th, Williams of the 20th, Sims of the 2nd, Florence of the 39th and Jones of the 38th:
A bill to provide for a ten-man highway commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation and tenure; to provide for a chairman of the commission, to fix his salary and duties, and provide for bond; to provide for a bighway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.
Referred to Committee on Highways and Public Roads.

SB 35. By Senators Roddenberry of the 3rd, Housley of the 32nd, Ursrey of the 54th, McCoy of the 4th, Overby of the 33rd, Purdom of the 46th, Foster of the 40th, Dykes of the 14th and Grayson of the 1st:
A bill to fix the mileage paid to officers and employees of various departments, boards and bureaus when traveling in the service of the state at a uniform rate of .08 per mile; and for other purposes.
Referred to Committee on State of Republic.

SB 36. By Senator U rsrey of the 54th:
A bill to provide the opening date for tobacco warehouses, for the selling season shall be August 1st of each year; the selling week shall be five days; that the warehouse shall remain open for 25 selling days; and for other purposes.
Referred to Committee on Agriculture.

WEDNESDAY, JANUARY 19, 1949

123

SB 37. By Senator Turner of the 34th:
A bill to amend code section 56-224(e) of the Code of Georgia as amended designated as "Authorized Investments by Insurance Companies" by striking said section (e) and substituting a new section to provide no company shall invest in a home office building or building for office purposes unless its assets shall exceed $100,000.00; and for other purposes.
Referred to Committee on Insurance.

The following bills and resolutions of the House were read the first time and referred to committees:
HB 4. By Messrs. Twitty of Mitchell, Gross of Stephens, Lewis of Hancock, Hinson of Ware and others :
A bill to establish a retirement system for the employees of tht! Department of Public Safety and such other agencies of the state under a merit system as funds may hereafter be provided; and for other purposes.
Referred to Committee on State of Republic.

HB 7. By Messrs. Twitty and Hand of Mitchell, Adams of Brantley, Tuten of Bacon, Smith of Bryan, Smith of Emanuel:
A bill to amend an act entitled "Public Safety Department"; and for other purposes.
Referred to the Committee on State of Republic.

HB 8. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel and Tuten of Bacon:
A bill to create a State Housing Authority Board; to provide for its membership of three thereon, and for other purposes.
Referred to the Committee on State of Republic.

HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon, Byrd of Taylor, Briscoe of Walton and others:
A bill to amend an act creating a Department of Public Safety, creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.
Referred to the Committee on State of Republic.
HB 30. By Mr. Lewis of Hancock:
A bill to amend an act to provide for the filing of a petition to the Superior Court, or the Court of Ordinary by any person desirous of establishing the time and place of his birth and of securing the issuance of a certificate of birth; and for other purposes.
Referred to the Committee on General Judiciary.

124

JOURNAL OF THE SENATE,

HB 31. By Mr. Lewis of Hancock:
A bill to amend the code providing for the selection of an official organ for legal advertising, and for other purposes.
Referred to the Committee on General Judiciary.

HB 44. By Mr. Howard of DeKalb:
A bill to repeal section 26-6902 of chapter 26 of the Code of 1933 which provides for the punishment for one found guilty of the offense of sodomy; and for other purposes.
Referred to the Committee on General Judiciary.

HB 45. By Mr. Howard of DeKalb:
A bill to amend section 26-2102 of the Code of Georgia of 1933 changing punishment for bribery; and for other purposes.
Referred to the Committee on General Judiciary.
HR 9. By Messrs. Twitty and Hand of Mitchell, Gross of Stephens, Ray of Warren, Smith of Emanuel and Adams of Brantley:
A resolution giving legislative approval to a certain compact entered into by the State of Georgia and other southern states by and through their respective governors of February 8, 1948, as amended, relative to the development and maintenance of regional educational services in schools in the southern states in the professional, technological, scientific, literary and other fields so as to provide greater educational advantages and facilities for the citizens in the several states who reside in such region, and for other purposes.
Referred to the Committee on State of Republic.
Mr. Smith of the 37th 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:
SR 13. Do Pass.
SB 21. Do Pass as amended.
HB 14. Do Pass.
Respectfully submitted, Smith of 37th District,
Chairman

WEDNESDAY, JANUARY 19, 1949

125

Mr. Higginbotham of the 31st 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 32. Do Pass.
HB 32. Do Pass.
Respectfully submitted, Higginbotham of 31st District,
Chairman

Mr. Overby of the 33rd 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:
HB 1. Do Pass. SB 25. Do Pass.
Respectfully submitted, Overby of 33rd District, Chairman

Mr. Wright of the 5th 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 15. Do Pass. SB 4. Do Pass. HB 12. Do Pass. HB 13. Do Pass. HB 27. Do Pass.
Respectfully submitted, Wright of 5th District, Chairman

126

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th District, chairman of the Committee on County 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 17. Do Pass. HB 51. Do Pass. HB 49. Do Pass. HB 50. Do Pass.
Respectfully submitted, Ayers of 13th District,
Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 4. By Senator Pilcher of the 19th:
A bill to amend the charter of Warrenton approved December 12, 1859 and the acts amendatory thereof; to provide for a method of taxation of the residents of the City of Warrenton and the method of returning and assessing property therein; and for other purposes.

SB 15. By Senator Pilcher of the 19th:
A bill to amend the charter of the City of Warrenton by providing a salary of $5.00 per month for each member of the City Council or Commission; and for other purposes.

SB 21. By Senator Land of the 51st:
A bill to provide for the creation of the office of Solicitor General Emeritus; to create the solicitor's general retirement fund of Georgia; and for other purposes.
SB 25. By Senator Pilcher of the 19th:
A bill to extend the provisions of the merit system act approved February 4, 1943 (Georgia Laws 1943, pages 171-177) to include the employees of the State Highway Department, to repeal conflicting laws; and for other purposes.
SB 32. By Senators LeCraw of the 52nd and Turner of the 34th:
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; to empower the City of Atlanta to sell all or part, or rent or lease, or to improve and operate for any corporate purpose, upon such terms and conditions as may be fixed by the mayor and General Council, the prop-

WEDNESDAY, JANUARY 19, 1949

127

erty known as Lakewood Park and also known as the Old Waterworks Property; and for other purposes.

SR 13. By Senator Saunders of the 25th:
A resolution authorizing the Governor to transfer certain lands of the State of Georgia from the Pine Mountain Valley Rural Corporation to Cason J. Callaway; and for other purposes.

HB 1.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
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.

HB 12. By Messrs. Vandiver, Miller and Trice of Bibb: A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.
HB 13. By Messrs. Vandiver, Trice and Miller of Bibb: A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.

HB 14. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act establishing the City Court of Macon; and for other purposes.

HB 17. By Mr. Jolly of Franklin:
A bill to amend an act to fix the salary of the treasurer of Franklin County; and for other purposes.

HB 27. By Messrs. Durden and Davis of Dougherty:
A bill amending an act creating a new charter for the City of Albany; and for other purposes.

HB 32. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; defining the corporate limits of.said city; and for other purposes.

HB 49. A bill to provide for payment of $90.00 per quarter to the clerk of the Superior Court of Warren County; and for other purposes.

HB 50. By Mr. Ray of Warren:
A bill to authorize the Commissioner of Roads and Revenues and the county treasurer of Warren County to pay to the tax receiver of Warren County the sum of three hundred fifty dollars per year; and for other purposes.

128

JOURNAL OF THE SENATE,

HB 51. By Mr. Ray of Warren:
A bill to amend the act creating a Commissioner of Roads and Revenues of Warren County; and for other purposes.

The following resolution of the Senate was read and adopted:
SR 17. By Senator Ursrey of the 54th:
A resolution petitioning Congress to maintain a floor on farm products of not less than 90% of parity; and for other purposes.

The following resolution of the House was read:
HR 31. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A resolution authorizing the state highway director to pay engineers C. B. Smith and M. L. Shadburn for services rendered the State of Georgia for the period of January 14, 1947 through March 19, 1947.

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

The following local bill of the Senate was read the third time and put upon its passage:
SB 14. By Senator Land of the 24th:
A bill to amend the act creating the Board of Commissioners of Muscogee County approved August 24, 1872 and the acts amendatory thereof by providing for the election of two additional commissioners, and to provide a change in the length of tenure 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate was read the third time and put upon its passage:
SB 16. By Senators Ursrey of the 54th, McCoy of the 4th, Purdom of the 46th, Roddenberry of the 3rd and Dykes of the 14th:
A bill to further regulate the sale, inspection and sampling of fertilizer and fixing additional requirements governing same, and to provide penalties for violation; and for other purposes.
The Committee on Agriculture offered the following amendment: Amend SB 16, section II, paragraph II by inserting the word "fiscal" between the word "given" and "year".
The amendment was adopted.
The Committee on Agriculture offered the following amendment: Amend SB 16 by striking section III in its entirety and renumbering the sections accordingly.

WEDNESDAY, JANUARY 19, 1949

129

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following privileged resolution was read and adopted:
By Senator Pilcher of the 19th:

A RESOLUTION
WHEREAS, today, January 19, 1949 is the birthday of Honorable Robert E. Lee, an outstanding southern general, who was noted for his character, his valor and his courage, and
WHEREAS, the principles for which he fought and for which he served so notably as a leader are still dear to the hearts of Georgians;
NOW, THEREFORE, BE IT RESOLVED by the Senate of the State of Georgia that we respectfully pay our tribute to the character and to the memory of this outstanding southerner whose birthday is celebrated today.

Senator Harrison of the 17th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

130

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 20, 1949.

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:

Ansley Ayers Boyett Brooks Bryant Clary Coleman Daniel Davis Dykes Eve Florence Foster

Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Overby

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Tarver Turner Ursrey Williams

Garrett Gary Gholston

Padgett Peterson Pilcher

Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
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.

THURSDAY, JANUARY 20, 1949

131

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 11. By Mr. Twitty of Mitchell:
A bill to amend an act approved March 9, 1945, entitled "An act to provide for the creation of the office of judge of the Superior Court emeritus; and for other purposes.

HB 33. By Mr. Gross of Stephens:
A bill to amend title 13 of the Code of Georgia of 1933, and particularly chapter 13-13 thereof, relating to the conversion of national bank into state bank; and for other purposes.

HB 34. By Mr. Griggs of Habersham: A bill to amend title 14 of Code of Georgia of 1933, relating to bills and notes and particularly chapters 14-17 of said title, by adding thereto a new section; and for other purposes.
HB 37. By Mr. Griggs of Habersham:
A bill to amend title 13 of the Code of Georgia of 1933, and particularly section 13-905, relating to the examination by certificate of the Superintendent of Banks; and for other purposes.
HB 39. By Mr. Gross of Stephens:
A bill to amend chapters 13-16 of the Code of Georgia of 1933, relating
to forfeiture of charters of banks, and particularly section 13-1601 relating to the causes of forfeiture; and for other purposes.
HB 41. By Mr. Kemp of Clayton:
A bill to incorporate the town of Riverdale, in the County of Clayton; and for other purposes.
HB 61. By Mr. Hubert of DeKalb:
A bill to amend the law with reference to the duration of tenancies where not time is specified for their termination; and for other purposes.
HB 65. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien and others:
A bill to amend section 13-1701 of the Code of Georgia, pertaining to proceedings in the nature of a mandamus against the Superintendent of Banks; and for other purposes.
HB 71. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to vest in the City of Columbus fee simple title to a certain tract
of land in said city lying north of 14th Street and being a portion of Front Avenue (formerly Front Street) in said city; and for other purposes.

132

JOURNAL OF THE SENATE,

HB 72. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as "Motts Green"; and for other purposes.

HB 79. By Mr. Robertson of Meriwether: A bill to amend the charter of the City of Warm Springs; and for other purposes.

HB 80. By Mr. Bell of Elbert:
A bill to amend an act incorporating the City of Elberton approved December 19, 1896, by prescribing the duties of the mayor; by providing for a city recorder and a recorder's court, and to further provide for amending an act approved August 5, 1921, authorizing the mayor and council of the City of Elberton to divide said city into wards; and for other purposes.
HB 82. By Mr. Gross of Stephens:
A bill to amend section 13-312 of the Code of Georgia of 1933, as the same has been heretofore amended, relating to the salaries of assistant superintendent, examiners, and clerks of the Department of Banking; and for other purposes.

HB 87. By Mr. Davis of Bartow:
A bill to amend an act making 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 funds ; and for other purposes.

HB 89. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act approved August 16, 1945, incorporating the city of Midville as amended under an act approved March 24, 1937, in the following particulars; to change the time for holding the annual election for the mayor and council of Midville and to provide the time where the newly elected mayor and council shall take office; and for other purposes.
HB 91. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act entitled "Clerk of Superior Court, salary for" approved March 20, 1937, (Georgia Laws 1937, pages 604-606) as amended by the acts approved March 3, 1943 (Georgia Laws 1943, pages 438-441); and for other purposes.

HB 92. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act entitled "An act to amend and renew the various acts incorporating the town of Waynesboro; and for other purposes.
HB 94. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend section 8 of an act approved March 24, 1937, to abolish the office of tax receiver and tax collector of Bulloch County; and for other purposes.

THURSDAY, JANUARY 20, 1949

133

HB 95. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend section 3, 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 by the acts approved March 23, 1937, and the several acts amendatory thereof; and for other purposes.

HB 96. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act approved August 17, 1912, which act created a new charter for the City of Statesboro, Georgia, Georgia Laws 1912, page 1331 as amended by an act approved July 28, 1920, Georgia Laws 1920, page 1530, as further amended by an act approved February 27, 1947, Georgia Laws 1947, page 201, by repealing both of said amending acts; and for other purposes.

HB 101. By Mr. Gillis 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 102. By Mr. Hall of Toombs: A bill to amend the acts of 1933, page 687, entitled "An act to create a Board of Commissioners of Roads and Revenues in and for the County of Toombs"; and for other purposes.
HB 110. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Mountain View; to describe and define the corporate limits; and for other purposes.
HB 121. By Mr. Edenfield of Mcintosh:
A bill to authorize the mayor and aldermen of the City of Darien to close the alley way in block 99 in the City of Darien; and for other purposes.
HB 131. By Mr. Moore of Dodge:
A bill to amend an act creating the office of Commissioner of Roads and Revenue in and for Dodge County; and for other purposes.

HB 132. By Mr. Moore of Dodge:
A bill to repeal an act app1oved February 23, 1945 (Georgia Laws 1945, page 790) entitled "An act to provide for the appointment of a probation officer for Dodge County"; and for other purposes.
The following bills and/or resolutions were introduced, read the first time and referred to the committee :
SB 38. By Senator Turner of the 34th: A bill to amend section 56-216 of the Code of 1933 by striking the

134

JOURNAL OF THE SENATE,

same and substituting a new section 56-216 (A) to provide the method for policyholders to participate in net profits of insurance companies; and for other purposes.
Referred to Committee on Insurance.

SB 39. By Senator Pilcher of the 19th: A bill to fix the salary of the director of the State Highway Department at not to exceed $9,000.00 per annum and the salary of the treasurer of not to exceed $7,500.00 per annum; and for other purposes.
Referred to Committee on Highways and Public Roads.
SR 18. By Senator Purdom of the 46th: A resolution to amend paragraph 4 of section 7 of article 7 of the constitution of Georgia so as to include therein county boards of education as having authority to obtain and incur loans as therein provided.
Referred to Committee on Constitutional Amendments.
The following bills of the House were read the first time and referred to committees : HB 11. By Mr. Twitty of Mitchell and others:
A bill to amend an act to provide for the creation of the office of judge of the Superior Court emeritus, to prescribe eligibility for incumbents; and for other purposes. Referred to the Committee on General Judiciary.
HB 33. By Mr. Gross of Stephens: A bill to amend an act relating to conversion of national banks into state banks; and for other purposes.
Referred to the Committee on General Judiciary.
HB 34. By Mr. Griggs of Habersham: A bill relating to bills and notes; and for other purposes.
Referred to Committee on General Judiciary.
HB 37. By Mr. Griggs of Habersham: A bill to amend an act relating to the examination by and certification of the Superintendent of Banks as to his approval or disapproval of application for bank charter; and for other purposes.
Referred to Committee on Banks and Banking.

HB 39. By Mr. Gross of Stephens:
A bill to amend an act relating to the forfeiture of charters of banks; and for other purposes.
Referred to Committee on Banks and Banking.

THURSDAY, JANUARY 20, 1949

135

HB 41. By Mr. Kemp of Clayton: A bill to incorporate the Town of Riverdale in the County of Clayton; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 61. By Mr. Hubert of DeKalb:
A bill to amend the act with reference to the duration of tenancies where no time is specified; and for other purposes. Referred to Committee on General Judiciary.

HB 65. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien, Witherington of Echols and Hollis of Muscogee:
A bill to amend an act pertaining to the proceedings in the nature of a mandamus against the Superintendent of Banks; and for other purposes.
Referred to Committee on Banks and Banking.

HB 71. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to vest in the City of Columbus fee simple title to a certain tract of land in said city lying north of 14th Street; and for other purposes. Referred to Committee on Municipal Government.

HB 72. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to authorize the Superior Courts of this state to
render declaratory judgments; and for other purposes. Referred to Committee on General Judiciary.
HB 79. By Mr. Rebertson of Meriwether:
A bill to amend the charter of the City of Warm Springs; and for other purposes. Referred to Committee on Municipal Government.

HB 80. By Mr. Bell of Elbert:
A bill to amend an act incorporating the City of Elberton, by prescribing the duties of the mayor; and for other purposes. Referred to Committee on Municipal Government.
HB 89. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act incorporating the City of Midville; to change the time for holding the annual election for the mayor and council; and for other purposes. Referred to Committee on Municipal Government.

HB 91. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act entitled "Clerk of the Superior Court, salary for"; and for other purposes. Referred to Committee on Counties and County Matters.

136

JOURNAL OF THE SENATE,

HB 92. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act to renew the various acts incorporating the Town of Waynesboro; to provide for the house for holding elections in said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 94. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act to abolish the office of tax receiver and tax collector of Bulloch County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 95. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act creating the Board of County Commissioners for the County of Bulloch; and for other purposes. Referred to Committee on Municipal Government.

HB 96. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act creating the new charter for the City of Statesboro; to have the general election on the first Friday in December; and for other purposes.
Referred to Committee on Municipal Government.

HB 101. By Mr. Gillis of Treutlen:
A bill to amend an act to incorporate the City of Soperton; to define the corporate limits of the City of Soperton; and for other purposes. Referred to Committee on Municipal Government.

HB 102. By Mr. Hall of Toombs:
A bill to amend an act to create a Board of Commissioners of Roads and Revenue in and for the County of Toombs; and for other purposes. Referred to Committee on Counties and County Matters.

HB 131. By Mr. Moore of Dodge:
A bill to amend an act to create the office of Commissioners of Roads and Revenue in and for the County of Dodge; and for other purposes. Referred to Committee on Counties and County Matters.

HB 132. By Mr. Moore of Dodge:
A bill to repeal an act to provide for the appointment of a probation officer for Dodge County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 87. By Mr. Davis of Bartow:
A bill to amend an act making it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the

THURSDAY, JANUARY 20, 1949

137

premiums due on such bond may be paid by the county fiscal authorities from county funds; and for other purposes.
Referred to Committee on General Judiciary.

HB 82. By Mr. Gross of Stephens:
A bill to amend an act relating to the salaries of assistant superintendents, examiners and clerks of the Department of Banking; and for other purposes.
Referred to Committee on Banks and Banking.
HB 121. By Mr. Edenfield of Mcintosh:
A bill to authorize the mayor and aldermen of the City of Darien to close the alleyway in block 99 in the City of Darien; and for other purposes.
Referred to Committee on Municipal Government.
The following resolutions were read and adopted:
SR 19. By Senator Purdom of the 46th:
A resolution commending Hon. Tom Linder, Commissioner of Agriculture, for his fight in the interest of the farmers for higher prices for farm products.

SR 20. By Senator Pilcher of the 19th:
A resolution extending the congratulations, thanks and appreciation of the Georgia General Assembly to the Atlanta Journal for the fine hospitality accorded to the General Assembly on January 19, 1949, and for the entertainment at open house for the General Assembly at the Atlanta Journal Building.
A resolution by Senator LeCraw of the 52nd inviting Hon. Lyall Beggs to attend the meeting of the Senate of the State of Georgia in the Senate Chamber on February 1, 1949, for the purpose of addressing said body.

Mr. Overby of the 33rd 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 bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 4. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

138

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th 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 20. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Brooks of the 50th District, chairman of the Committee on Amendments to Constitution, submitted the following report:

Mr. President:

Your Committee on Amendments to 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 6. Do Pass as amended.

Respectfully submitted, Brooks of 50th District, Chairman

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:

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

SB 33. Do Pass.

SB 36. Do Pass.

Respectfully submitted, Tarver of 48th District, Chairman

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted 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 17. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

THURSDAY, JANUARY 20, 1949

139

Mr. Smith of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:

Mr. President: Your Committee on General Judiciary has had under consideration the fol-
lowing 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 18. Do Pass. HB19. Do Pass. HB52. Do Pass. HB54. Do Pass. HB59. Do Pass.
Respectfully submitted, Smith of 37th District, Chairman

Mr. Housley of the 32nd 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 4. SB 15.
SB 21. SB 25.
SB 32.
SR 13. SR 20.
Respectfully submitted,
Housley of 32nd District,
Chairman
The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 17. By Senator Wright of the 5th and others: A bill to provide statewide forest fire protection for the protection and reforestation of forest lands; to define forest lands and forest fires; and for other purposes.

140

JOURNAL OF THE SENATE,

SB 18. By Senator Purdom of the 46th:
A bill to prescribe regulations for the distribution, sale and use of liquified petroleum gases; to designate the Insurance Commissioner as the enforcing officer; to provide the Insurance Commissioner may promulgate rules and regulations covering design, construction, location, installation and operation of equipment for storing, handling, transporting and utilizing liquified petroleum gas; to provide penalties; and for other purposes.

SB 33. By Senator Zellner of the 22nd:
A bill to amend an act of the General Assembly approved March 30, 1937, and the acts amendatory thereof providing for a Milk Control Board, by eliminating the office of the director, and provide for a five man board, the chairman of the board to be the director; to provide the qualification of members of the board; and for other purposes.

SB 36. By Senator Ursrey of the 54th:
A bill to provide the opening date for tobacco warehouses, for the selling season shall be August 1 of each year; the selling week shall be five days; that the warehouse shall remain open for 25 selling days; and for other purposes.

HB 4.

By Messrs. Twitty of Mitchell, Gross of Stephens, Lewis of Hancock, Hinson of Ware and others:
A bill to establish a retirement system for the employees of the Department of Public Safety and such other agencies of the state under a merit system as funds may hereafter be provided; and for other purposes.

HB 19. By Mr. Aycock of Jenkins:
A bill to amend an act to establish the city court of Millen; and for other purposes.

HB 20. By Mr. Aycock of Jenkins:
A bill to authorize and direct the proper authorities of the County of Jenkins to pay the sum of sixty dollars monthly in addition to the compensation now allowed the ordinary by law; and for other purposes.

HB 52. By Mr. Hopkins of Charlton:
A bill to provide for the changing of the time for holding Superior Court in the County of Charlton; and for other purposes.

HB 54. By Mr. Raulerson of Pierce:
A bill to provide for four terms of Superior Court annually for Pierce County; and for other purposes.

HB 59. By Mr. Adams of Brantley:
A bill to provide for the changing of the time for holding the Superior Court of Brantley County; and for other purposes.

THURSDAY, JANUARY 20, 1949

141

The following local bills of the Senate and House were read the third time. and put upon their passage:
SB 4. By Senator Pilcher of the 19th:
A bill to amend the charter of Warrenton approved December 12, 1859, and the acts amendatory thereof; to provide for a method of taxation of the residents of the City of Warrenton and the method of returning and assessing property therein; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 15. By Senator Pilcher of the 19th:
A bill to amend the charter of the City of Warrenton by providing a salary of $5.00 per month for each member of the City Council or 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 32. By Senators LeCraw of the 52nd and Turner of the 34:
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; to empower the City of Atlanta to sell all or part, or rent or lease or to improve and operate for any corporate purpose, upon such terms and conditions as may be fixed by the mayor and General Council the property known as Lakewood Park and also known as the Old Water- works 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
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 report 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.

142

JOURNAL OF THE SENATE,

HB 12. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 13. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act to reenact the charter of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 14. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act establishing the City Court 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 17. By Mr. Jolly of Franklin:
A bill to amend an act to fix the salary of the treasurer of Franklin County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 27. By Messrs. Durden and Davis of Dougherty:
A bill amending an act creating a new charter for the City of Albany; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 20, 1949

143

HB 32. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; defining 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 49. By Mr. Ray of Warren:
A bill to provide for payment of $90.00 per quarter to the clerk of the Superior Court of Warren County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 50. By Mr. Ray of Warren:
A bill to authorize the Commissioners of Roads and Revenue and the County Treasurer of Warren County to pay the Tax Receiver of Warren County the sum of three hundred 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 51. By Mr. Ray of Warren:
A bill to amend the act creating a Commissioner of Roads and Revenue of Warren County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, 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 :
SB 21. By Senator Land of the 51st:
A bill to provide for the creation of the office of solicitor general emeritus; to create the solicitor's general retirement fund of Georgia; and for other purposes.

144

JOURNAL OF THE SENATE,

Senator Land of the 24th offered the following amendment:
Amend 21 by striking the word "continuous" wherever same appears before the word "service".
The amendment was adopted.

Senator Pilcher of the 19th offered the following amendment:
Amend SB 21 by striking "20 years" as a requirement wherever the same appears and substituting "19 years" in lieu thereof.
The amendment was adopted.

Senator Harrison of the 17th moved that SB 21 and all amendments be tabled.

On the motion to table, Senator Purdom 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:

Bryant Davis Dykes Gholston Harrison

Higginbotham Lunsford Peterson Roddenberry Sims

Stark Tarver Ursrey

Those voting in the negative were Senators:

Ansley Brooks Clary Daniel Eve Foster Garrett Gary Jones Land, 51st

Land, 24th Layton LeCraw Mason Massey McCoy Overby Padgett Pilcher Purdom

Rackley Rich Rowland Saunders Smith Turner Williams Wright Zellner

On the motion to table, the ayes were 13, nays 29, and the motion was lost.

Senator Pilcher of the 19th moved the previous question, and the motion prevailed.

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

Senator Purdom of the 46th called for the ayes and nays, and the call was sustained.

THURSDAY, JANUARY 20, 1949

146

The roll call was as follows :

Those voting in the affirmative were Senators:

Ansley Ayers Brooks Bryant Clary Eve Garrett Gary Housley

Jones
Land, 51st Land, 24th LeCraw nlason McCoy
Newton Overby Pilcher

Purdom Rich Rowland Saunders Smith Turner Williams Wright
Zellner

Those voting in the negative were Senators:

Boyett Daniel Davis Dykes Florence Foster Gholston

Harrison Higginbotham Layton Lunsford Massey Padgett Peterson

Rackley Roddenberry Sims Stark Tarver Ursrey

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.

SB 26. By Senator Pilcher of the 19th:
A bill to extend the provisions of the merit system act approved February 4, 1943 (Georgia Laws 1943, pages 171-177) to include the employees of the State Highway Department; 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 38, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SR 13. By Senator Saunders of the 26th:
A resolution authorizing the Governor to transfer certain lands of the State of Georgia from Pine Mountain Rural Corporation to Cason J. Callaway; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn today, it stands adjourned until Monday morning, and the consent was granted.

Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock Monday morning.

146

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, January 24, 1949.

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, Rev. Olie C. Cooper, pastor of the Methodist Church at Bainbridge, Georgia.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Davis Dykes Eve Florence Foster Garrett Gary Gholston

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions.
3. First reading and reference of House bills and resolutions.
4. Reports of standing committees.
5. Second reading of Senate bills and resolutions favorably reported.
6. Second reading of House bills and resolutions favorably reported.
7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions. The consent was granted.

MONDAY, JANUARY 24, 1949

147

The following resolution by Senator Pilcher of the 19th was read and adopted:

A RESOLUTION
WHEREAS, the sister of Senator J. Wallace Daniel, Mrs. J. M. Hughes, Sr., of Glennville, Georgia, was called by death on Saturday, January 22, 1949, and
WHEREAS, she was laid to rest on Sunday, January 23, 1949, NOW, THEREFORE, BE IT RESOLVED by the Senate of the State of Georgia that the sympathy of this body be extended to the Honorable J. Wallace Daniel and to the family of his deceased sister in their bereavement. BE IT FURTHER RESOLVED, that a copy of this resolution be given to Senator J. Wallace Daniel by the 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 and resolutions of the House to wit:
HB 21. By Mr. Baggett of Grady: A bill to establish the City Court of Cairo in and for the County of Grady; and for other purposes.
HB 22. By Mr. Kemp of Clayton: A bill to amend the act abolishing the office of Tax Receiver and the office of Tax Collector of Clayton County; and for other purposes.
HB 38. By Mr. Griggs of Habersham: A bill to amend section 49-215 of the Code of Georgia, relating to the investment by guardians of the funds of their wards in bond or other securities issued by this state; and for other purposes.
HB 53. By Mr. Raulerson of Pierce:
A bill to prescribe and establish the rules of practice and procedure in the City Court of Blackshear; and for other purposes.
HB 55. By Mr. Raulerson of Pierce:
A bill to amend, consolidate and revise the charter of the City of Blackshear; and for other purposes.
HB 57. By Mr. Ethredge of Baker: A bill to increase the bond of the sheriff of Baker County; and for other purposes.

148

JOURNAL OF THE SENATE,

HR 10-59d. By Mr. Cook of Chattooga:
A resolution to request a full and complete legal investigation by Attorney General of the emptying into the Chattooga River of certain waste matters, including dyes, caustics, and various chemicals by the Riegel Textile Corporation in Chattooga County; and for other purposes.

HB 62. By Mr. Hubert of DeKalb:
A bill to amend the law with reference to proceedings against intruders; and for other purposes.

HB 66. By Messrs. Gross of Stephens, Mathis of Lowndes, Swindle of Berrien and others:
A bil to amend title of the Code of Georgia of 1933 as the same has been heretofore amended, relating to bills and notes and to public holidays; and for other purposes.

HB 83. By Mr. Gross of Stephens:
A bill to amend section 13-2002 of the Code of Georgia, as heretofore amended, pertaining to the qualifications of directors of banks; and for other purposes.

HB 88. By Mr. Nightingale of Glynn:
A bill to repeal an act entitled "An act to authorize municipalities to, by ordinance annex territory to be included within its limits upon the unanimous application in writing of the owners of the land affected; and for other purposes.

HB 90. By Messrs. Cates and Bargeron of Burke:
A bill to amend the charter of the City of Waynesboro; and for other purposes.

HB 93. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act to create the City Court of Statesboro, pertaining to the increase of salary of the solicitor of said court; and for other purposes.

HB 98. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend section 2 of an act approved August 10, 1903 creating the City Court of Statesboro, pertaining to increase the salary of the judge of said court; and for other purposes.

HB 99. By Mr. Tuten of Bacon:
A bill to amend an act as appears in the laws of 1933, page 64, approved on March 21, 1933, designating and prescribing the terms of the Superior Court of Bacon County; and for other purposes.

MONDAY, JANUARY 24, 1949

149

HR 19-100a. By Messrs. Twitty and Hand of Mitchell, Ray of Warren and others:
A resolution establishing authority of the Governor, State Highway director and Attorney General to execute agreements with U. S. Government concerning highway rights of way through dams and reservoirs built by U. S. Government.
HB 105. By Messrs. Sivell of Harris and Hand of Mitchell:
A bill to grant and convey a certain portion of Roosevelt State Park (Pine Mountain State Park) to Cason J. Callaway for the sum of one thousand dollars; and for other purposes.

HB 111. By Mr. McGarity of Henry:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.

HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell, and others.
A bill to make general appropriations for the operation of the state government; and for other purposes.

HB 120. By Mr. Edenfield of Mcintosh:
A bill to provide a new charter for the City of Darien; and for other purposes.

HB 122. By Messrs. Barton and Johnson of Hall:
A bill to amend "An act to establish a City Court in the County of Hall ; and for other purposes.

HB 124. By Messrs. Barton and Johnson of Hall:
A bill to amend the charter of the City of Gainesville; and for other purposes.

HB 125. By Mr. Chalker of Pulaski: A bill to amend an act to create the office of Commissioner of Roads and Revenues in and for Pulaski County; and for other purposes.
HB 126. By Mr. Chalker of Pulaski: A bill to amend the charter of the City of Hawkinsville; and for other purposes.
HB 130. By Mr. Lockett of Randolph: A bill to amend an act creating a Board of Commissioners of Roads and Revenue for the County of Randolph; and for other purposes.
HB 133. By Mr. Moore of Dodge: A bill to amend an act creating the office of Commissioner of Roads and Revenues for Dodge County; and for other purposes.

150

JOURNAL OF THE SENATE,

HB 136. By Mr. Kemp of Clayton:
A bill to amend an act to create and incorporate the City of Morrow; and for other purposes.

HB 137. By Mr. Kemp of Clayton:
A bill to amend an act to create a Commissioner of Roads and Revenues for Clayton County; and for other purposes.

HB 138. By Mr. Kemp of Clayton:
A bill to create and establish for Clayton County, Planning Commission and Board of Zoning Appeals; and for other purposes.

HB 139. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.

HB 141. By Messrs. Alexander and Duncan of Carroll:
A bill to increase the salary of the Tax Commissioner of Carroll County; and for other purposes.

HB 145. By Messrs. Hood, McGee and Page of Chatham:
A bill to amend an act creating and organizing the Commissioners of Chatham County; and for other purposes.

HB 159. By Messrs. Rowland of Johnson and Kitchens of Twiggs:
A bill to amend section 24-3104 of the Code of Georgia relating to the compensation of court reporters of the Dublin Judicial Circuit; and for other purposes.

HB 162. By Mr. Hurst of Quitman:
A bill to amend an act approved August 3, 1925 providing for the compensation of the treasurer of Quitman County; and for other purposes.

HB 174. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens, and others:
A bill to amend an act empowering the State Highway Department to contract with counties; and for other purposes.

HB 175. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens, and others:
A bill to provide that the state highway director and/or State Highway Department be prohibited from negotiating contracts for highway construction; and for other purposes.

HB 178. By Messrs. Bell, Coleman and Cohen 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.

MONDAY, JANUARY 24, 1949

151

HB 181. By Mr. Bell of Elbert:
A bill to amend an act entitled "An act to provide a Board of Commissioners of Roads and Revenues for the County of Elbert; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate to wit:
SB 8. By Senators Smith of 37th and Blalock of 36th:
A bill to supplement the salary of the judge of the Superior Court of the Coweta Judicial Circuit; and for other purposes.

SB 9. By Senators Smith of 37th and Blalock of 36th:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Coweta Judicial Circuit; and for other purposes.
The House has adopted the following resolution of the Senate to wit:

SR 17. By Senator Ursery of 54th:
A resolution petitioning Congress to maintain a floor on farm products of not less than 90% of parity; and for other purposes.
The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committees:

SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the Code of 1933 and to substitute a new section 59-705; to provide in all civil causes it shall be good cause of challenge that a juror has expressed an opinion or wish as to which party ought to prevail; to provide for individual examination of the panel of jurors without interposing any challenge; and for other purposes.
Referred to Committee on General Judiciary.

SB 41. By Senator Lunsford of the 9th:
A bill to provide for the levy of a maintenance tax for state purposes on motor vehicles operated as rolling stores; and for other purposes.
Referred to the Committee on State of Republic.
SB 42. By Senator Rich of the 8th:
A bill to amend chapter 92-69 of the Code of 1933 so as to change the compensation of county boards of tax assessors and employees thereof; to provide that the State of Georgia shall bear a portion of such expense; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 43. By Senators Ursrey of the 54th and Purdom of the 46th:
A bill to amend code section 3-108 of 1933 by providing that a beneficiary of a contract made between other parties for his benefit may maintain

152

JOURNAL OF THE SENATE,

actions against the promisor or other parties of interest; and for other purposes.
Referred to Committee on General Judiciary.

SB 44. By Senators Stark of the 35th, Purdom of the 46th, Dykes of the 14th, Foster of the 40th and Overby of the 33rd:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes; to protect and stabilize the collection of taxes on the sale of cigarettes; and for other purposes.
Referred to Committee on Finance.

SB 45. By Senator Massey of the 44th:
A bill to amend an act approved February 10, 1937 creating the office of tax commissioner of Catoosa County so as to fix the salary of the tax commissioner at $3,000 per annum and clerical help at $1,000 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 46. By Senator Grayson of the 1st:
A bill to amend the act to create the commissioners of Chatham County approved February 21, 1873, as amended January 30, 1945, by fixing the per diem at $25.00 per day for regular meetings and $5.00 for every called or extra meeting and to provide they may draw a salary not to exceed $2,000 per year in addition to the per diem; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 47. By Senator Grayson of the 1st:
A bill to authorize the commissioners of Chatham County to create a pension board; to provide the commission shall appoint the members of such board; to provide the commissioners may levy taxes and appropriate money for the payment of pensions; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 48. By Senator Grayson of the 1st:
A bill to fix the salaries of the senior and junior judge of the Municipal Court of Savannah by providing the chief judge of the Municipal Court and ex-officio judge of the City Court of Savannah shall receive a salary of $7,500 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 49. By Senator Grayson of the 1st:
A bill to repeal an act of the General Assembly of 1947 erroneously marked "approved March 27, 1945", included on pages 935-938 of the acts of 1947 establishing a pension system for the City of Savannah, and to reenact the same; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, JANUARY 24, 1949

153

SB 50. By Senator Grayson of the 1st:
A bill to provide for a base pay of $190.00 per month for all regular members of the fire and police departments of the City of Savannah; and for other purposes.
Referred to Committee on Municipal Government.

SB 51. By Senator Grayson of the 1st:
A bill to repeal an amendment to the charter of the City of Savannah, approved February 8, 1945, creating a Savannah Airport Commission; and for other purposes.
Referred to Committee on Municipal Government.

SB 52. By Senator Grayson of the 1st:
A bill to repeal an act approved February 18, 1945, amending the charter of the City of Savannah to create an Industrial and Domestic Water Supply Commission, incorporated on pages 563, 564 and 565 of the acts of 1945; and for other purposes.
Referred to Committee on Municipal Government.

SB 53. By Senator Grayson of the 1st:
A bill creating an Industrial and Domestic Water Supply Commission as an operating agency of the mayor and aldermen of the City of Savannah consisting of five members; fixing their terms of office to prescribe by ordinance the rates to be charged for the sale of water; to provide for employees and the fixing of compensation of employees of said commission; and for other purposes.
Referred to the Committee on Municipal Government.

SB 54. By Senator Grayson of the 1st:
A bill to fix the salary of the judge of the City Court of Savannah at $8,500 per year; the salary of the clerk of the City Court of Savannah at $4,800; to fix the salary of the sheriff of the City Court at $4,800, plus $600 as expenses for an automobile; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 55.

By Senators Grayson of the 1st, Saunders of the 25th, Eve of the 18th, Williams of the 20th, Jones of the 38th, Peterson of the 15th, Smith of the 37th, Tarver of the 48th, Boyett of the 11th, Land of the 24th, Garrett of the 53rd, Pilcher of the 19th, Roddenberry of the 3rd, Wright of the 5th, Ayers of the 13th, Rich of the 8th, Zellner of the 22nd, Clary of the 29th, Ansley of the lOth, Harrison of the 17th, Stark of the 35th, Ursrey of the 54th, Dykes of the 14th, Florence of the 39th, Gholston of the 30th, Turner of the 34th, Purdom of the 46th, McCoy of the 4th, Gary of the 12th, Newton of the 47th, Lunsford of the 9th, Davis of the 27th, Bryant of the 43rd, Sims of the 2nd, Daniel of the 49th, LeCraw of the 52nd, Rowland of the 21st, Mason of the 28th and Padgett of the 6th:

A bill to amend the state ports authority act approved March 9, 1945, by changing the name to "Georgia Ports Authority" to provide qualifi-

154

JOURNAL OF THE SENATE,

cation for members of the Georgia Ports Authority, to authorize the Governor to convey lands known as the medical depot site in Chatham County to the authority; to authorize the authority to borrow money and to issue revenue anticipation certificates; and for other purposes.
Referred to the Committee on General Judiciary.

SB 56. By Senator Grayson of the 1st:
A bill to fix the salary of the Solicitor General of the Eastern Judicial Circuit of Georgia at $8,500 per annum; and for other purposes.
Referred to the Committee on General Judiciary.

SB 57. By Senator Grayson of the 1st:
A bill to fix the salary of the elective officers of Chatham County as follows: Ordinary $7,500 per year; Clerk of the Superior Court $7,000 per year, Sheriff of Chatham County $7,000 per year; Tax Collector $8,500; Tax Receiver $7,000 per year; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 58. By Senator Grayson of the 1st:
A bill to provide the judge of the Superior Court of the Eastern Judicial Circuit shall be paid a salary of $1,000 by Chatham County in addition to the salary paid by the state; and for other purposes.
Referred to Committee on Counties and County Matters.

SR 21.

By Senators Grayson of the 1st, Saunders of the 25th, Pilcher of the 19th, Eve of the 18th, Williams of the 20th, Jones of the 38th, Peterson of the 15th, Smith of the 37th, Tarver of the 48th, Boyett of the 11th, Land of the 24th; Garrett of the 53rd, Roddenberry of the 3rd, Wright of the 5th, Ayers of the 13th, Rich of the 8th, Zellner of the 22nd, Clary of the 29th, Ansley of the lOth, Harrison of the 17th, Stark of the 35th, Ursrey of the 54th, Dykes of the 14th, Florence of the 39th, Gholston of the 30th, Turner of the 34th, Purdom of the 46th, McCoy of the 4th, Gary of the 12th, Newton of the 47th, Lunsford of the 9th, Davis of the 27th, Bryant of the 43rd, Sims of the 2nd, Daniel of the 48th, LeCraw of the 52nd, Rowland of the 21st, Mason of the 28th and Padgett of
the 6th:

A resolution proposing an amendment to article 7, section 3, paragraph 2 of the constitution to authorize the state to issue bonds for the purpose of constructing a system of state docks; and for other purposes.

Referred to Committee on Amendments to the Constitution.

SB 59. By Senator Pilcher of the 19th:
A bill to provide a salary of $40.00 per month to the ordinary of Warren County in addition to fees; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, JANUARY 24, 1949

155

SB 60. By Senator Grayson of the 1st:
A bill to amend the several acts incorporating the mayor and CO"!Jncilmen of the Town of Tybee by providing for a special election on the second Tuesday in June 1949 for the election of a mayor and councilmen for the Town of Savannah Beach, Tybee Island, and for other purposes.
Referred to the Committee on Municipal Government.

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

HB 21. By Mr. Baggett of Grady:
A bill to amend an act to establish the City Court of Cairo; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 22. By Mr. Kemp of Clayton:
A bill to amend the act abolishing the office of Tax Receiver and Tax Collector of Clayton County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 38. By Mr. Griggs of Habersham:
A bill to amend an act relating to the investment by guardians of the funds of their wards in bonds or other securities issued by this state and in bonds or other obligations issued by the U. S. Government or bonds of certain corporations which are guaranteed by the U. S. Government; and for other purposes.
Referred to the Committee on General Judiciary.

HB 53. By Mr. Raulerson of Pierce:
A bill to prescribe and establish the rules of practice and procedure in the City Court of Blackshear; and for other purposes.
Referred to the Committee on General Judiciary.

HB 55. By Mr. Raulerson of Pierce:
A bill to consolidate and revise the charter for the City of Blackshear; and for other purposes.
Referred to the Committee on Municipal Government.

HB 57. By Mr. Etheredge of Baker:
A bill to increase the bond of the sheriff of Baker County; and for other purposes.
Referred to the Committee on Counties and County Matters.

156

JOURNAL OF THE SENATE,

HB 62. By Mr. Hubert of DeKalb:
A bill to amend the law with reference to proceedings against intruders; and for other purposes.
Referred to the Committee on General Judiciary.

HB 66. By Messrs. Langdale and Mathis of Lowndes, Gross of Stephens, Swindle of Berrien and others:
A bill to amend an act relating to bills and notes; and for other purposes.
Referred to the Committee on General Judiciary.

HB 83. By Mr. Gross of Stephens:
A bill pertaining to the qualifications of directors of banks; and for other purposes.
Referred to Committee on Banks and Banking.

HB 88. By Mr. Nightingale of Glynn:
A bill to repeal an act entitled "An act to authorize municipalities to, by ordinance annex territory to be included within its limits upon the unanimous application in writing of the owners of the land affected; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 90. By Messrs. Cates and Bargeron of Burke:
A bill to amend the charter of the City of Waynesboro; to further extend the corporate limits of said city; and for other purposes.
Referred to the Committee on Municipal Government.
HB 93. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act to create the City Court of Statesboro, so as to increase the salary of the solicitor of said court; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 98. By Messrs. Dodd and Trapnell of Bulloch: A bill to amend an act creating the City Court of Statesboro, so as to increase the salary of the judge of said court; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 99. By Mr. Tuten of Bacon:
A bill to amend an act designating and prescribing the terms of the Superior Court of Bacon County; and for other purposes.
Referred to the Committee on Counties and County Matters.

MONDAY, JANUARY 24, 1949

157

HB 105. By Messrs. Sivell of Harris and Hand of Mitchell:
A bill to grant and convey a certain portion of Roosevelt State Park (Pine Mountain State Park) to Cason J. Callaway for the sum of one thousand dollars ; and for other purposes.
Referred to the Committee on Conservation.

HB 111. By Mr. McGarity of Henry:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Henry County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 120. By Mr. Edenfield of Mcintosh:
A bill to provide a new charter for the City of Darien ; and for other purposes.
Referred to the Committee on Municipal Government.

HB 122. By Messrs. Barton and Johnson of Hall:
A bill to amend "An act to establish a City Court in the County of Hall, and to provide for the appointment of judge and solicitor thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 124. By Messrs. Barton and Johnson of Hall:
A bill to amend the charter of the City of Gainesville; to provide for the establishment of a Civil Service Board; and for other purposes.
Referred to the Committee on Municipal Government.

HB 125. By Mr. Chalker of Pulaski:
A bill to amend an act to create the office of Commissioner of Roads and Revenues in and for the County of Pulaski; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 126. By Mr. Chalker of Pulaski:
A bill to amend the charter of the City of Hawkinsville; to abolish the commissioner-city manager form of government; and for other purposes.
Referred to the Committee on Municipal Government.

HB 130. By Mr. Lockett of Randolph:
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the County of Randolph; and for other purposes.
Referred to Committee on Counties and County Matters.

158

JOURNAL OF THE SENATE,

HB 133. By Mr. Moore of Dodge:
A bill to amend an act which created the office of Commissioner of Roads and Revenues for Dodge County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 136. By Mr. Kemp of Clayton:
A bill to amend an act to create and incorporate the City of Morrow, in the County of Clayton, and grant a charter to that municipality under the name and style; and for other purposes.
Referred to the Committee on Municipal Government.

HB 137. By Mr. Kemp of Clayton:
A bill to amend an act to create a Commissioner of Roads and Revenues of Clayton County, to fix his compensation and provide his expense account; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 138. By Mr. Kemp of Clayton:
A bill to create and establish for Clayton County, a Planning Commission and Board of Zoning Appeals; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 139. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
Referred to the Committee on Municipal Government.

HB 141. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act to increase the salary of the Tax Commissioner of Carroll County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 145. By Messrs. Hood, McGee and Page of Chatham:
A bill to amend an act to create and organize commissioners of Chatham County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 159. By Messrs. Rowland of Johnson and Kitch:ens of Twiggs:
A bill to amend an act relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official court reporter of the Dublin Judicial Circuit; and for other purposes.
Referred to the Committee on General Judiciary.

MONDAY, JANUARY 24, 1949

159

HB 162. By Mr. Hurst of Quitman:
A bill to amend an act providing for the compensation of the treasurer of Quitman County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 174. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens and others:
A bill to amend an act empowering the State Highway Department to contract with counties; to provide that all contracts let by the State Highway Department to counties for road work provide that such work must be done by convict labor and not otherwise; and for other purposes.
Referred to the Committee on Highways.
HB 175. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens arid others:
A bill to provide that the state highway director and/or State Highway Department, be prohibited from negotiating contracts for highway construction; and for other purposes.
Referred to the Committee on Highways.
HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell, and others :
A bill to make general appropriations for the operation of the state government; and for other purposes.
Referred to Committee on Appropriations.
HB 178. By Messrs. Bell, Coleman and Cohen 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.
Referred to the Committee on Counties and County Matters.
HB 181. By Mr. Bell of Elbert:
A bill to amend an act to provide a Board of Commissioners of Roads and Revenues for the County of Elbert; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 10-59d. By Mr. Cook of Chattooga:
A resolution to request a full and complete legal investigation by the Attorney General of the emptying into the Chattooga River of certain waste matters, including dyes, caustics and various chemicals by the Riegel Textile Corporation in Chattooga County; and for other purposes.
Referred to the Committee on Public Health.
HR 19-100a. By Messrs. Twitty and Hand of Mitchell, Ray of Warren and others:
A resolution establishing authority of the Governor, state highway director and Attorney General to execute agreements with U. S. Govern-

160

JOURNAL OF THE SENATE,

ment concerning highway rights of way through dams and reservoirs built by U. S. Government; and for other purposes.
Referred to the Committee on State of Republic.

Mr. Housley of the 32nd 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 Governor:
SB 8.
SB 9.
Respectfully submitted,
Housley of the 32nd District,
Chairman

Mr. Housley of the 32nd 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 18.
SB 33.
Respectfully submitted,
Housley of the 32nd District,
Chairman
Mr. Ayers of the 13th 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 43. Do Pass. Respectfully submitted,
Ayers of 13th District,
Chairman

MONDAY, JANUARY 24, 1949

161

The following bill of the House, favorably reported by the committee, was read the second time:
HB 43. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act to create a Board of County Commissioners of Gwinnett County; and for other purposes.

The following local bills of the House were read the third time and put upon their passage :
HB 19. By Mr. Aycock of Millen:
A bill to amend 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 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 20. By Mr. Aycock of Millen:
A bill to authorize and direct the proper authorities of the County of Jenkins to pay the sum of sixty dollars monthly in addition to the compensation now allowed the ordinary 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 52. By Mr. Hopkins of Charlton:
A bill to provide for the changing of the time for holding Superior Court in Charlton 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 54. By Mr. Raulerson of Pierce:
A bill to provide for four terms of superior court annually for Pierce County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

162

JOURNAL OF THE SENATE,

HB 59. By Mr. Adams of Brantley:
A bill to provide for the changing of the time for holding 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 bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills were read the third time and put upon their passage:
SB 17. By Senators Wright of the 5th, Blalock of the 36th, Purdom of the 46th and McCoy of the 4th:
A bill to provide state wide forest fires protection for the protection and reforestation of forest lands; to define forest lands and forest fires; and for other purposes.
Senator Blalock of the 36th asked unanimous consent that further action on SB 17 be postponed until January 31st, and the consent was granted.
SB 18. By Senator Purdom of the 46th:
A bill to prescribe regulations for the distribution, sale and use of liquefied petroleum gases; to designate the insurance commissioner as the enforcing officer; to provide the insurance commissioner may promulgate rules and regulations covering design, construction, location, installation and operation of equipment for storing handling, transporting and utilizing liquefied petroleum gas ; to provide penalties ; and for other purposes.
The report 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 33. By Senator Zellner of the 22nd: A bill to amend an act of the General Assembly approved March 30, 1937, and the acts amendatory thereof providing for a milk control board, by eliminating the office of director, and provide for a five man board, the chairman of the board to be the director; to provide the qualifications of members of the board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 36. By Senator Ursrey of the 54th: A bill to provide the opening date for tobacco warehouses, for the selling week to be five days; that the warehouse shall remain open for twenty-five selling days; and for other purposes.
Senator Purdom of the 46th asked unanimous consent that further action on SB.36 be postponed until January 28th, and the consent was granted.

MONDAY, JANUARY 24, 1949

163

The following bill of the House was read the third time and put upon its passage:
HB 4. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens, Lewis of Hancock, and others:
A bill to establish a retirement system for the employees of the Department of Public Safety and such other agencies of the state under the merit system as funds may hereafter be provided; and for other purposes.
Senator Pilcher of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on Highways and Public Roads and recommitted to the Committee on State of Republic:

SB 39. By Senator Pilcher of the 19th:
A bill to fix the salary of the director of the State Highway Department at not to exceed $9,000.00 per annum and the salary of the treasurer of not to exceed $7,500.00 per annum; and for other purposes.
The consent was granted.
The following bill of the Senate was taken up for the purpose of considering a
House amendment thereto:
SB 8. By Senators Smith of the 37th and Blalock of the 36th:
A bill to supplement the salary of the judge of the Superior Court of the Coweta Judicial Circuit by the counties composing said circuit; and for other purposes.

The House offered the following amendment:
Amend SB 8 by striking from the caption of said bill the words and figures, "Four thousand ($4,000.00)" and substituting in lieu thereof the words and figures, "Two thousand ($2,000.00) ."
The Committee on the General Judiciary No.1 moves to amend SB 8 as follows:
By striking section 1 of said bill in its entirety and substituting in lieu thereof a new section 1 to read as follows:
Section 1. The board of county commissioners of roads and revenues or other authorities having control of expenditures of county funds of the counties of Coweta, Heard, Carroll, Troup and Meriwether are hereby required to supplement the salary of the judge of the Superior Court of the Coweta Judicial Circuit in the following amounts: Coweta County will pay the sum of $397.60 per annum; Carroll County will pay the sum of $303.60 per annum; Heard County will pay the sum of $127.00 per annum; Troup County will pay the sum of $646.80 per annum; and Meriwether County will pay the sum of $325.00 per annum.
Senator Blalock of the 36th moved that the Senate concur in the House amendment to SB 8.
The motion prevailed and the amendment was concurred in.

164

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 9.

By Senators Smith of the 37th and Blalock of the 36th:
A bill to amend the act abolishing the fee system in the superior courts of the Coweta circuit as applied to the office of solicitor general by raising the salary of the solicitor general; and for other purposes.

The House offered the following amendment:
Amend SB 9 by striking section II of said bill in its entirety and substituting in lieu thereof a new section II to read as follows:
SECTION II. The salary of the solicitor general of the Coweta Judicial Circuit shall be the sum of $5,750.00 per annum, in addition to the salary of $250.00 per annum precsiribed in paragraph 1, section 12, article 6, of the Constitution of the State of Georgia, which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid monthly, pro rata out of the general treasuries of the various counties composing said circuit in the following proportions, to wit: Carroll County shall pay the sum of $120.65; Meriwether County shall pay the sum of $77.86; Troup County shall pay the sum of $154.96; Heard County shall pay the sum of $30.43; Coweta County shall pay the sum of $95.26. It shall be and is hereby made the duty of the proper officer or officers having control of county matters in each said county, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor general in equal monthly installments, payable on the first day of each month. It is further made the duty of the ordinaries, county commissioners, or other county authorities having control of county matters, to make provisions annually when levying taxes for expenses of the courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties, as herein set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $5,750.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor general, except as provided by section 5 of the act of August 19, 1918.
Senator Blalock of the 36th moved that the Senate agree to the House amendment to SB 9.
The motion prevailed and the amendment was agreed to.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and that

HB 4 be carried over as unfinished business for tomorrow.
The motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, JANUARY 25, 1949

1:65

Senate Chamber; Atlanta,. Georgia, Tuesday, January 25, 1949

The Senate met pursuant to adjournment at 10 o'clock this morning, a'nd 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 ri:ames:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Report of standing committees. 5. Second reading of Senate bills and resolutions, favorably reported. 6. Second reading of House bills and resolutions, favorably reported. 7. Third reading and passage of uncontested local Senate and House bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions. The consent was granted.

166

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 of the House, to wit:



HB 9. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and Ray of Warren:

A bill to establish and organize a commission for a survey of cerebral palsied children who are citizens of Georgia; and for other purposes.

HB 35. By Messrs. Gross of Stephens, Green of Rabun and Griggs of Habersham:
A bill to create and organize a new judicial circut for the State of Georgia ; and for other purposes.

HB 97. By Messrs. Smith of Emanuel, Ray of Warren and Twitty of Mitchell:
A bill amending the Code of 1933, relating to the Secretary of StateSecurities Division-Examiners, by striking and repealing from said amendment section I thereof; and for other purposes.

HB 114. By Messrs. Terrell of Floyd, Gross of Stephens and Cowart of Calhoun:
A bill to amend an act relating to the establishment of a factory for blind persons; and for other purposes.

HB 142. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act increasing the fees of the justices of peace; and for other purposes.

HB 168. By Messrs. Smith of Emanuel and Hinson of Ware:
A bill to extend the provisions of the merit system act to include employees of the State Department of Safety; and for other purposes.

HB 197. By Messrs. Johnson and Barton of Hall:
A bill to authorize additional election precincts in a single militia district in Hall County; and for other purposes.

The following bills and/or resolutions of the Senate and House were introduced, read the first time and referred to the committees :
SB 61. By Senator Harrison of the 17th :
A bill to repeal Code section 16-101 relating to building and loans associations-loans to persons not members-rate of interest, and substituting a new section to prevent the collection of a rate of interest in excess of 8 per cent; and for other purposes.
Referred to Committee on Banks and Banking.

TUESDAY, JANUARY 25, 1949

167

SB 62. By Senators LeCraw of the 52nd, and Higginbotham of the 31st:
A bill to make it a misdemeanor to publish an advertisement of spirituous liquors and distilled spirits by any publication or periodical or magazine published within this state; and for other purposes.
Referred to Committee on Temperance.

SB 63. By Senator Pilcher of the 19th:
A bill to amend an act approved March 30, 1937, relating to retirement of the justice of the Supreme Court to provide a justice shall be eligible for retirement after 10 years active service if appointed when 60 years of age or over; and for other purposes.
Referred to Committee on Special Judiciary.

SB 64. By Senator Pilcher of the 19th:
A bill to provide expenses to a judge of the superior court when serving on a recount committee as provided by law; and for other purposes. Referred to Committee on Special Judiciary.

SB 65. By Senators Pilcher of the 19th, Swint of the 26th, Tarver of the 48th, Clary of the 29th, Ansley of the lOth and Mason of the 28th:
A bill to prescribe the procedure for procuring an interlocutory injunction or temporary restraining order suspending statutes of this state, enjoining officers of this state or of any board of commission; to provide for the designation of three judges to hear such proceedings; and for other purposes.
Referred to Committee on Special Judiciary.

SB 66. By Senators Garrett of the 53rd, Saunders of the 25th, Mason of the 28th, Higginbotham of the 31st, Pilcher of the 19th, Coleman of the 16th, Clary of the 28th, Ansley of the lOth, Land of the 51st, Rowland of the 21st, Rich of the 8th, Massey of the 44th and Housley of the 32nd:
A bill to abolish the department of forestry and to create a state forestry commission, a director, and to provide for their appointment tenure, compensation, powers and duties; and for other purposes.
Referred to Committee on Conservation.

SB 67. By Senators Purdom of the 46th, Roddenberry of the 3rd, McCoy of the

4th and Wright of the 5th:



A bill to fix the salary of the solicitor general of the Waycross Judicial Circuit at $5200 per annum, payable by the counties composing the circuit; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 68. By Senator Grayson of the 1st:
A bill to create the Savannah-Chatham County Historic Site and Monument Commission; to prescribe their powers ; and for other purposes.
Referred to Committee on State of Republic.

168

JOURNAL OF THE SENATE,

SB 69. By Senators Grayson of the 1st and Harrison of the 17th:
A bill to require all public and private schools within this state to give regular courses of instruction on the Constitutions of the United States and the State of Georgia; and for other purposes.
Referred to Committee on Education.

SB 70. By Senators LeCraw of the 52nd and Roddenberry of the 3rd:
A. bill to provide that income tax returns of men and women serving in the armed forces between January 1, 1941, and the termination of World War II shall be allowed a deduction from gross income for any year of an amount not to exceed $1500 in addition to all other deductions allowed by law; and to appropriate $50,000 to pay refunds; and for other purposes.
Referred to the Committee on Finance.

SB 71. By Senator Smith of the 37th:
A bill to extend the corporate limits of the City of Carrollton three fourths of a mile beyond the territorial limits now fixed by law; and for other purposes.
Referred to Committee on Municipal Government.

SR 23. By Senators Clary of the 29th and Pilcher of the 19th:
A resolution to amend article II of section II of the Constitution by adding a new paragraph providing that only persons born in the U. S. of America shall be eligible to hold elective public office in this state.
Referred to Committee on Amendments to the Constitution.

SR 24. By Senator Grayson of the 1st:
A resolution directing the state librarian to furnish to the clerk of the Superior Court of Chatham County certain volumes of Georgia Reports and Georgia Appeal Reports.
Referred to Committee on General Judiciary.

HB 9. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to establish and organize a commission for a survey of cerebral palsied children who are citizens of the State of Georgia; and for other purposes.
Referred to the Committee on Public Health.

HB 35. By Messrs. Gross of Stephens, Green of Rabun, Griggs of Habersham, Hedden of Towns and Meeks of Union.
A bill to amend an act to create and organize a new judicial circuit for the State of Georgia to be called the Tugalo Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 25, 1949

169

HB 97. By Messrs. Smith of Emanuel and Ray of Warren:
A bill relating to the Secretary of State-Securities Division-Examiners; and for other purposes.
Referred to the Committee on State of Republic.

HB 114. By Messrs. Terrell of Floyd, Gross of Stephens and_ Cowart of Calhoun:

A bill to amend an act relating to the establishment of a factory for blind persons; and for other purposes.
Referred to the Committee on Public Welfare.

HB 142. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act increasing the fees of the justices of peace; and __ for other purposes.
Referred to the Committee on General Judiciary.

HB 168. By Messrs. Hinson of Ware and Smith of Emanuel:
A bill to extend the provisions of the merit system act to include the employees of the State Department of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.

HB 197. By Messrs. Johnson and Barton of Hall:
A bill to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
Referred to the Committee on General Judiciary.

Senator Housley of the 32nd Distirct, 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 back to the Senate as correct and ready for transmission to the House:
SR 6.
Respectfully submitted,
Housley of 32nd District,
Chairman

Mr. Ayers of the 13th 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 considera-

170

JOURNAL OF THE SENATE,

tion 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 28. Do Pass. SB 27. Do Pass. SB 30. Do Pass. HB 24. Do Pass, as amended. HB 47. Do Pass. HB 63. Do Pass. HB 16. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

Mr. Higginbotham of the 31st 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 49. Do Pass.

SB 50. Do Pass.

SB 51. Do Pass.

SB 52. Do Pass.

SB 53. Do Pass. SB 60. Do Pass. HB 42. Do Pass.

Respectfully submitted,

Samuel T. Wright, Secretary

Mr. Higginbotham of the 31st 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 29. HB 71. HB 72. HB 79.

Do Pass, as amended. Do Pass. Do Pass. Do Pass.

TUESDAY, JANUARY 25, 1949

171

HB 80. Do Pass. HB 89. Do Pass. HB 92. Do Pass. HB 101. Do Pass.

Respectfully submitted, Higginbotham, Chairman

Mr. Overby of the 33rd 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 fol-
lowing bills and resolutions of the Senate and the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 8. Do Pass. SB 39. Do Pass.
HB 7. Do Pass.
HB 15. Do Pass. HR 9-59-C. Do Pass. SB 24. Do Pass.
Respectfully submitted, Overby of the 33rd; Chairman

The following bills and resolutions of the Senate and House, favorably reported, were read the second time:
SB 24. By Senator Overby of the 33rd:
A bill to amend an act approved February 4, 1943, providing for the qualification and removal of members of the merit system council by providing no member of the merit system council shall have held political office or been an officer of a political party for twelve months preceding his appointment; and for other purposes.
SB 27. By Senator Rich of the 8th:
A bill amending an act establishing the City Court of Bainbridge pertaining to the clerk; and for other purposes.
SB 28. By Senator Rich of the 8th:
A bill establishing the City Court of Bainbridge, pertaining to the judge a:rid solicitor; providing that the salary of the judge and solicitor of said city court shall be $3600 per annum; and for other purposes.

172

JOURNAL OF THE SENAT:E4,

SB 30. By Senator Rich of the 8th:

A bill to amend an act abolishing the office of tax collector of Decatur

County; and creating in lieu thereof the office of tax commissioner; to

fix his term, compensation, rights, liabilities and duties; to increase the

salary of the tax commissioner from $4,000 per annull1, monthly. pay-

ments, to $5,000; and for other purposes.

'

SB 39. By Senator Pilcher of the 19th:
A bill to fix'the salary of the director of the State Highway Department -.,at not to exceed $9,000.00 per annum and the salary of the treasurer of
not to exceed $7,500 per annum; and for other purposes.
''.' , . ~; ! : , :; '.;
SB 49. By Senator Grayson of the 1st:
A bill to repeal an act of the General Assembly of 1947 erroneously marked "approved March 27, 1945", included on pages 935-938 of the Acts of :1~47 establishing a pension system for the City of' Savannah,
: and to .reenact the same; and for other purposes.

SB 50. By Senator Grayson of the 1st:
A bill to provide for a base pay of $190 per month for all regular members of the fire and police departments of Savannah; and for other purposes.

SB 51. By Senator Grayson of the 1st:

A bill to repeal an amendment to the charter of the City o~ Savannah

approved February 8, 1945, creating a Savannah airport commission;

and for other purposes.



SB 52. By Senator Grayson of the 1st:
an A bill to rel)eal act approved February 16, 1945, amending the charter
of-t}Ie,C~ty- of Savannah to create an Industrial and Domestic Water
Supply Commission, incorporated on pages 563-564, and 565 of the Acts "1945'-; and for other purposes.

SB 53: By Senator: Grayson of the 1st:
A bill creating an Industrial and Domestic Water Supply Commission as an operating agency of the mayor and aldermen of the City of Savannah consisting of five members; fixing their terms of office to prescribe by ordinance tbe rates to be charged for the sale of water; to provide for employees ari.d the fixing of compensation of employees of said commission; and for other purposes.

SB 60.

By Senator Grayson of the 1st:
A bill to amend the several acts incorporating the mayor and councilmen of the Town of Tybee by providing for a special election on the second Tuesday in June, 1949, for the election of a mayor and councilmen for the Town of Savannah Beach, Tybee Island; and for other purposes.

HB 7.

By Messrs. Twitty and Hand of Mitchell, Adams of Brantley, Tuten of Bacon, Smith of Bryan, Smith of Emanuel:
A bill to amend an act entitled "Public Safety Department"; and for other purposes.

TUESDAY, JANUARY 25, 1949

173

HB 8. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel and Tuten of Bacon:
A bill to create a State Housing Authority Board; to provide for its mem: bership of three thereon; and for other purposes.

HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon, Byrd of Taylor, Briscoe of Walton, and others.

A bill to amend an act creating a Department of Public Safety, creating

offices and providing for the pay and appointment of incumbents thereof

to govern said department; and for other purposes.



HB 16. By Mr. Jolly of Franklin:
A bill to amend an act to abolish the office of tax receiver and tax collector of Franklin County; and for other purposes.

HB 24. By Mr. Cook of Chattooga:
A bill to change the method of compensation of the tax collector of Chattooga County; and for other purposes.

HB 29. By Mr. Davis of Bartow:
A bill to amend an act granting a new city charter to the City of Cartersville; and for other purposes.

HB 42. By Mr. Briscoe of Walton:
A bill to amend an act to provide for a system of retirement payment for certain employees of the City of Monroe; and for other purposes.

HB 47. By Messrs. Cranford and Carmical of Coweta:
A bill to amend an act to abolish the office of tax receiver and tax collector for the County of Coweta; and for other purposes.

HB 63. By Messrs. Cranford and Carmical of Coweta:
A bill authorizing the board of commissioners of roads and revenues for Coweta County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

HB 71. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to vest in the City of Columbus fee simple title to a certain tract of land in said city lying north of 14th Street; and for other purposes.

HB 72. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as "Motts Green"; and for other purposes.

1'74

JOURNAL OF THE SENATE,

HB 79. By Mr. Robertson of Meriwether:
A bill to amend the charter of the City of Warm Springs; and for other purposes.

HB 80. By Mr. Bell of Elbert:
A bill to amend an act incorporating the City of Elberton by prescribing the duties of the mayor; and for other purposes.

HB 89. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act incorporating the City of Midville; to change the time for holding the annual election for the mayor and council; and for other purposes.

HB 92. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act to renew the various acts incorporating the Town of Waynesboro; to provide for the house for holding elections in said city; and for other purposes.

HR 9.

By Messrs. Twitty and Hand of Mitchell, Gross of Stephens, Ray of Warren, Smith of Emanuel and Adams of Brantley:
A resolution giving legislative approval to a certain compact entered into by the State of Georgia and other southern states by and through their respective governors on February 8, 1948, as amended, relative to the development and maintenance of regional educational services in schools in the southern states in the professional, technological, scientific, literary and other fields so as to provide greater educational advantages and facilities for the citizens in the several states who reside in such region.

The following local bill of the House was read the third time and put upon its passage:
HB 43. By Messrs. Griswell and White of Gwinnett: A bill to amend an act to create a board of county commissioners 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House was read the third time and put upon its passage :
HB 4. By Messrs. Twitty of Mitchell, Gross of Stephens, Lewis of Hancock, Hinson of Ware, and others:
A bill to establish a retirement system for the employees of the Department of Public Safety and such other agencies of the state under a merit system as funds may hereafter be provided; and for other purposes.

TUESDAY, JANUARY 25, 1949

175

The report 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 10.
The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the Senate was read the third time and put upon its passage:
SR 6. By Senator Grayson of the 1st:

A RESOLUTION
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution by striking therefrom paragraph IV of section 1 of article V in its entirety and inserting in lieu thereof a new paragraph providing for the election of U. S. Senator, Governor, Lieutenant Governor, State House officer, justices of the Supreme Court and judges of the Court of Appeals, on a county unit basis and providing for the nomiuation of candidates for United States Senator, Governor, Lieutenant Governor, State House officers, justices of Supreme Court, and judges of the Court of Appeals, in all primary elections, held by any political party, on a county unit basis; to set forth the method and procedure to be followed; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Upon the approval of this resolution in the manner hereinafter provided, that paragraph IV of section 1 of article V, the same relating to the election of Governor and the procedure and method of counting the votes, be and the same is hereby repealed by striking in its entirety all of said paragraph IV of section I of Article V, which reads as follows :
"Paragraph IV. How returns published. The members of each branch of the General Assembly shall convene in the Representatives Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly shall immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice",
and that in lieu thereof a new paragraph be substituted, to be known as paragraph IV of section 1 of Article V of the Constitution of the State of Georgia, and which shall read as follows:
"Paragraph IV. How returns published. The members of each branch of the General Assembly shall convene in the Representative Hall, and the presiding officer of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, upon a county unit basis as herein-

176

JOURNAL Olt' THE SENATE,

after set out, shall be declared duly elected Governor of this state; the person receiving the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis, that is to say, two votes for each representative to which such county is entitled in the Lower House of the General Assembly. If in any county any two or more persons shall tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the persons so tying. If no person shall have a majority of the total county unit votes, then the person having the greatest number of county unit votes shall be declared duly elected Governor.
"Paragraph IV (a). All general and special elections for U. S. Senator, Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Labor, Justices of the Supreme Court and Judges of the Court of Appeals shall be on the county unit basi.s and the provisions of paragraph IV above shall apply to all such elections.
"Paragraph IV (b). Whenever any political party shall hold primary elections for nomination of candidates for Unit~d States Senator, Governor, State House officers, Justices of the Supreme Court, and Judges of the Court of Appeals, such party or its authorities shall cause all condidates for nomination for said offices to be voted for on one and the same day throughout the State, which is hereby fixed as the second Wednesday in September of each year in which there is a regular general election. Candidates for nominations to the above named offices who receive, respectively, the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis, that is to say; two votes for each representative to which such county is entitled in the lower House of the General Assembly. If in any county any two or more candidates shall tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the candidates so tying.
All such county unit votes shall within 10 days after such primary be accurately consolidated by the chairman and secretary of the State committee of the political party holding such primary, and published in a newspaper published at the Capitol, within three days after the completion of the consolidation, certified under the hands and seals of said chairman and secretary; and the candidates for said offices, respectively, who shall receive a majority of all the county unit votes, throughout the entire state, upon the basis above set forth, shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominees of such party for the above named offices, respectively, and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates of such party for the offices named: Provided, that in the event there are only two candidates for any particular office referred to in this section, and it shall appear, after the consolidation of all of the county unit votes throughout the State, that said condidates shall have received an equal number of county unit votes,

TUESDAY, JANUARY 25, 1949

177

the one shall have received a majority of the popular votes shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party to see to it that the name of such successful candidate shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for the office named: Provided, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party."
Section 2. Be it Resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein prpoosed shall have written or printed on their ballots the words "For electing and nominating by political parties, U. S. Senator, Governor, Lieutenant Governor, Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Treasurer, the Commissioner of Agriculture and the Commissioner of Labor, Justices of Supreme Court and Judges of the Court of Appeals, by the people on a county unit basis." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballot the words "Against electing and nominating by political parties, U. S. Senator, a Governor, Lieutenant Governor, Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Treasurer, the Commissioner of Agriculture, Justices of the Supreme Court and Judges of the Court of Appeals and the Commissioner of Labor, by the people on a county unit basis." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for Members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.

The Committee on Amendments to the Constitution offered the following amendment:
Amend SR 6 by adding the following sentence at the end of section 1.
"Provided further that if in the event no candidate in a primary receives a majority of the county unit vote, that the question and determination of a run-over primary shall be governed as provided by law."
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

178

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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Dykes Florence Foster Garrett Gary Gholston

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton Lunsford Mason McCoy Newton Overby Padgett Peterson Pilcher

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Ursrey Wright Zellner

Those voting in the negative were Senators:

Davis Eve Harrison

LeCraw Massey Pittman

Turner Williams

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

On the adoption of the resolution, the ayes were 46, nays 8.

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

Senator Harrison of the 17th asked unanimous consent that SR 6 be immediately transmitted to the House, and the consent was granted.

A resolution by Senator McCoy of the 4th granting the privilege of the floor to Judge Alex S. McQueen of Charlton County was read and adopted.

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

Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to wit:
HR 49. By Messrs. Hollis of Muscogee, Twitty of Mitchell, Bennett of Barrow, and others:
A resolution to declare that the athletic associations of the University of Georgia and Georgia School of Technology are not state agencies; and for other purposes.

TUESDAY, JANUARY 25, 1949

179

The following resolution was read :

HR 49. By Messrs. Hollis of Muscogee and Twitty of Mitchell:



A resolution to declare that the athletic association of the University of Georgia and Georgia Tech are not state agencies.

Senator Harrison of the 17th moved that HR 49 be sent to the Committee on University of Georgia for consideration.

The motion prevailed.

Senator Tarver of the 48th moved that the following bill be withdrawn from the Committee on Public Welfare and recommitted to the Committee on Public Health:
SB 10. By Senators McCoy of the 4th and Tarver of the 48th:
A bill entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of dentistry; and for other purposes.
The motion prevailed, and the bill was recommitted.

Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.

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

180

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, January 26, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture readin~ and prayer was offered by the chaplain.

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

.Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

The President presented to the Senate, Hon. Wright Morrow, of Houston, Texas, National Democratic Committeeman from Texas, and Mrs. Iris Blitch, National Democratic Committeewoman from Georgia.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported.

WEDNESDAY, JANUARY 26, 1949

181

7. Third reading and passage of uncontested local Senate and House bills and resolutions.
8. Third reading and passage of Senate bills and resolutions.
9. Third reading and passage of 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 passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and others :
A bill to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters; and for other purposes.

HB 74. By Messrs. Chastain and Willis of Thomas:
A bill to reincorporate the Town of Thomasville as the City of Thomasville; and for other purposes.

HB 75. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville so as to provide for a retirement plan for the city employees; and for other purposes.
HB 117. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend the charter of the City of Augusta, said act relating to the Augusta police department; and for other purposes.

HB 118. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend an act entitled "An act to promote the efficiency and improve the condition of the fire department of the City of Augusta; and for other purposes.

HB 144. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta and the several amendatory acts thereof; and for other purposes.

HB 150. By Messrs. Mathews of Peach, Hartley of Crawford and Aultman of

Houston:



A bill to amend the Code of 1933 relating to the salary of court reporters; to provide for the levy and collection of tax in Crawford Houston and Peach counties to pay portion of salary; and for other purposes.

182

JOURNAL OF THE SENATE,

HB 151. By Mr. Mathews of Peach:
A bill to amend an act entitled "An act to amend, revise, and consolidate the several acts granting corporate authority to the Town of Fort Valley; and for other purposes.

HB 157. By Mr. Walker of Telfair:
A bill to amend an act and an amendment thereto entitled "An act to create a new charter for the Town of Lumber City, in the county of Telfair; and for other purposes.

HB 158. By Mr. Hall of Toombs:
A bill to amend an act of the General Assembly (Georgia Laws 1922, pp. 1004-1062) approved August 8, 1922, and known as an act to "create a new charter for the City of Vidalia in the County of Toombs"; to extend the territorial limits of the City of Vidalia; and for other purposes.
HB 163. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Marietta; and for other purposes.
HB 169. By Messrs. Hill and Robertson of Meriwether, Sivell of Harris and Collier of Talbot:
A bill to establish a planning district for Meriwether, Harris and Talbot Counties; to provide a planning commission for said district; and for other purposes.
HB 177. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend the charter of the City of Augusta so as to provide that all registered and qualified voters who reside within the City of Augusta as appears upon the voter's list of Richmond County shall be deemed to be registered and qualified to vote in all elections held by the City of Augusta; and for other purposes.
HB 183. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize, ratify, and confirm action of the mayor and board of aldermen of the City of Macon abandoning and closing portion of an alley in Square 89 of said city; and for other purposes.
HB 184. By Messrs. Chastain and Willis of Thomas:
A bill to amend an act establishing a system of public schools in the City of Thomasville; and for other purposes.
HB 185. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act establishing the municipal court of the City of Macon; and for other purposes.
HB 198. By Mr. Adams of Evans:
A bill to amend an act incorporating the City of Claxton, fixing salaries and terms of offices; and for other purposes.

WEDNESDAY, JANUARY 26, 1949

183

A resolution by Senator Purdom of the 46th extending the privilege of the floor to Dr. H. E. Sandford, of Atlanta, Georgia, was read and adopted.

A resolution by Senator Grayson of the 1st extending the privilege of the floor to Hon. Herschel Elders of Tattnall County, a former member of both the House and Senate, was read and adopted.

The following bills of the Senate and House were introduced, read the first time, and referred to committees:
SB 72. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill to amend the charter of the City of Atlanta; to provide that members of the police department shall retire at age of 65; to grant Rich's Inc., the right to erect overhead passageway across Forsyth Street, that the mayor shall negotiate all contracts for concessions in city buildings and city property; that the city may insure the lives of all members of the fire department; and for other purposes.
Referred to the Committee on Municipal Government.

SB 73. By Senator Grayson of the 1st:
A bill to establish a recorder's court of Chatham County; defining its jurisdiction; prescribing a salary for the judge and clerk thereof; to provide for fines and sentences and appeals therefrom; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Tuten of Bacon, Lewis of Hancock and Adams of Brantley:
A bill to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters; and for other purposes.
Referred to the Committee on State of Republic.

HB 74. By Messrs. Chastain and Willis of Thomas:
A bill to amend an act to reincorporate the Town of Thomasville as the City of Thomasville; and for other purposes. Referred to the Committee on Municipal Government.

HB 75. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville so as to provide for a retirement plan for the city employees of the City of Thomasville; and for other purposes.
Referred to Committee on Municipal Government.

HB 144. By Messrs. Smith, Walton and Alverson 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.

184

JOURNAL OF THE SENATE,

HB 150. By Messrs. Mathews of Peach, Hartley of Crawford and Aultman of Houston:
A bill to amend an act relating to the compensation of court reporters of the Macon judicial circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 151. By Mr. Mathews of Peach: A bill to amend an act granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and city council; and for other purposes.
Referred to Committee on Municipal Government.
HB 157. By Mr. Walker of Telfair: A bill to amend an act to create a new charter for the Town of Lumber City; and for other purposes.
Referred to Committee on Municipal Government.
HB 158. By Mr. Hall of Toombs: A bill to amend an act to create a new charter for the City of Vidalia; to extend the territorial limits of the City of Vidalia; and for other purposes.
Referred to Committee on Municipal Government.

HB 169. By Mr. Hill of Meriwether: A bill to establish a planning district for the counties of Meriwether, Harris and Talbot; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 163. By Messrs. Willingham and Reed of Cobb: A bill to amend an act to create a new charter for the City of Marietta; and for other purposes.
Referred to Committee on Municipal Government.
HB 183. By Messrs. Miller, Trice and Vandiver of Bibb: A bill to authorize, ratify and confirm action of the mayor and board of aldermen of the City of Macon abandoning and closing portion of an alley in Square 89 of said city; and for other purposes.
Referred to Committee on Municipal Government.
HB 184. By Messrs. Chastain and Willis of Thomas: A bill to amend an act establishing a system of public schools in the City of Thomasville, in the County of Thomas ; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, JANUARY 26, 1949

185

HB 185. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act establishing the municipal court for the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

HB 198. By Mr. Adams of Evans:
A bill to amend an act incorporating the City of Claxton; fixing salaries and terms of offices of the mayor and councilmen; fixing salaries of clerk, attorney and other officers and employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 117. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend the charter of the City of Augusta, said act relating to the Augusta police department; and for other purposes.
Referred to Committee on Municipal Government.

HB 118. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend an act entitled "An act to promote the efficiency and improve the condition of the fire department of the City of Augusta; and for other purposes.
Referred to Committee on Municipal Government.

HB 177. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend the charter of the City of Augusta so as to provide that all registered and qualified voters who reside within the City of Augusta as appears upon the voter's list of Richmond County shall be deemed to be registered and qualified to vote in all elections held by the City of Augusta; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Higginbotham of the 31st 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 5. Do Pass.

HB 6. Do Pass.

HB 126. Do Pass.

HB 96. Do Pass.

HB 120. Do Pass.

Respectfully submitted, Higginbotham of 31st,

Chairman

186

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th District, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and Sounty 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 181. . Do Pass.
Respectfully submitted,
Ayers of 13th District,
Chairman

Mr. Smith of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration lowing 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 40. Do Pass. SB 43. Do Pass. SB 56. Do Pass. SB 65. Do Pass. HB 31. Do Pass. HB 44. Do Pass. HB 30. Do Pass. HB 53. Do Pass. HB 66. Do Pass. HB 38. Do Pass.

HB 34. Do Pass. HB 33. Do Pass. HB 45. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

WEDNESDAY, JANUARY 26, 1949

187

Mr. Overby of the 33rd District, 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 23. Do Pass. SB 37. Do Pass. SB 38. Do Pass.
Respectfully submitted,
Overby of 33rd District,
Chairman

Mr. Mason of the 28th 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 consid-
eration 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 21. Do Pass.
Respectfully submitted, Mason of 28th District, Chairman

Mr. McCoy of the 4th 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
bill 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, as amended.
Respectfully submitted, McCoy of 4th District, Chairman

188

JOURNAL OF THE SENATE,

Mr. Rich of the 8th District, chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President: Your Committee on Highways and Public Roads 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 34. Do Pass. HB 174. Do Pass. HB 175. Do Pass.
Respectfully submitted,
Rich of 8th District, Chairman

Mr. Clary of the 29th 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 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 37. Do Pass. HB 82. Do Pass. HB 83. Do Pass. HB 65. Do Pass. HB 39. Do Pass.
Respectfully submitted, Clary of 29th District, Chairman
Mr. Ayers of the 13th 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 46. Do Pass. SB 57. Do Pass. SB 54. Do Pass. SB 29. Do Pass.

WEDNESDAY, JANUARY 26, 1949

i89

SB 59. Do Pass. SB 6. Do Pass. SB 47. Do Pass. SB 45. Do Pass. HB 122. Do Pass. HB 141. Do Pass. HB 138. Do Pass. HB 22. Do Pass. HB 94. Do Pass. HB 95. Do Pass. HB 102. Do Pass. HB 41. Do Pass. HB 36. Do Pass. HB 58. Do Pass. HB 133. Do Pass.

Respectfully submitted, Ayers of 13th District; Chairman

Mr. Housley of the 32nd 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 biiis 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 trans-

mission to the Governor:

SB 3.

-~ . . .

Respectfully submitted,

Housley of 32nd District;

Chairpum

Mr. Housley of the 32nd 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 biiis and/or resolutions of the Senate and have instructed me, as

190

JOURNAL OF THE SENATE,

chairman, to report the same back to the Senate as correct and ready for transmission to the House:

SB 24.

SB 27.

SB 28.

SB 30.

SB 49.

SB 50.

SB 51.

SB 52.

SB 53. SB 60.

Respectfully submitted,

Housley of the 32nd District,

Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 6. By Senator LeCraw of the 52nd:
A bill to establish a local government commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein, for the purpose of modernizing and streamlining local governments; to provide said commission may draft a plan or plans consolidating the government of Fulton County and the City of Atlanta, to submit to the people; and for other purposes.

SB 10. By Senator McCoy of the 4th and Tarver of the 48th:
A bill entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of dentistry; and for other purposes.

SB 23. By Senator Turner of the 34th :
A bill to provide that the insurance commissioner shall fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.

SB 29. By Senator Rich of the 8th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenue for the County of Decatur; providing for their election, qualifications, term of office, powers, duties and compensation as approved March 4, 1935; to increase the per diem pay of their services rendered to said county; and for other purposes.

WEDNESDAY, JANUARY 26, 1949

191

SB 34. By Senators Gholston of the 30th and Mason of the 28th, Daniel of the 49th and Swint of the 26th:
A bill to provide for ten man highway commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation, and tenure; to provide for a chairman and provide for bond; to provide for a highway engineer and treasurer; and prescribe their duties, compensation, and tenure; and for other purposes.

SB 37. By Senator Turner of the 34th:
A bill to amend code section 56-224 (e) of the Code of Georgia as amended designated as "Authorized investments by Insurance Companies" by striking said section (e) and substituting a new section to provide no company shall invest in a home office building or building for office purposes unless its assets shall exceed $100,000.00; and for other purposes.

SB 38. By Senator Turner of the 34th:
A bill to amend section 56-216 of the Code of Georgia 1933 by striking the same and substituting a new section 56-216 (a) to provide the method for policyholders to participate in net profits of insurance companies; and for other purposes.
SB 46. By Senator Grayson of the 1st:
A bill to amend an act to create the commissioners of Chatham County approved February 21, 1873, as amended January 30, 1945, by fixing the per diem at $25.00 per day for regular meetings and $5.00 for every called or extra meeting and to provide they may draw a salary not to exceed $2.00 per year in addition to the per diem; and for other purposes.
SB 47. By Senator Grayson of the 1st:
A bill to authorize the commissioners of Chatham County to create a pension board; to provide the commission shall appoint the members of such board; to provide the commissioners may levy taxes and appropriate money for the payment of pensions; and for other purposes.
SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the Code of 1933 and to substitute a new section 59-705; to provide in all civil causes it shall be good cause to challenge that a juror has expressed an opinion or wish as to which party ought to prevail; to provide for individual examination of the panel of jurors without interposing any challenge; and for other purposes.
SB 43. By Senators Ursrey of the 54th and Purdom of the 46th:
A bill to amend code section 3-108 of 1933 by providing that a beneficiary of a contract made between other parties for his benefit may maintain actions against the promisor or other parties of interest; and for other purposes.

192

JOURNAL OF THE SENATE,

SB 45. By Senator Massey of the 44th:
A bill to amend an act approved February 10, 1937, creating .the office of tax commissioner of Catoosa County so as to fix the slilaty of the tax commissioner at $3,000 per annum and clerical help at $1,000 per annum; and for other purposes.

SB 54. By Senator Grayson of the 1st:
A bill to fix the salary of the judge of the City Court of Savannah at $8,500 per year; the salary of the clerk of the City Court of Savannah at $4,800; to fix the salary of the sheriff of the City Court at $4,800, plus $600 as expenses for an automobile; and for other purposes.

SB 59. By Senator Pilcher of the 19th:
A bill to provide a salary of $40.00 per month to the ordinary of Warren County in addition to fees; and for other purposes.

SB 55. By Senator Grayson of the 1st, Saunders of the 25th, Eve of the 18th and Williams of the 20th:

A bill to amend the State Ports Authority Act approved March 9, 1945,

by changing the name to "Georgia Ports Authority" to provide qualifi-

cation for members of the Georgia Ports Authority, to authorize the

Governor to convey lands known as the medical depot site in Chatham

County; and for other purposes.

.

SB 56. By Senator Grayson of the 1st:
A bill to fix the salary of the solicitor general of the Eastern Judicial Circuit of Georgia at $8,500.00 per annum; and for other purposes.

SB 57. By Senator Grayson of the 1st:
A bill to fix the salary of the elective officers of Chatham County as follows; and for other purposes.

SR 21. By Senator Grayson of the 1st, Saunders of the 25th and Pilcher of the 19th:
A resolution proposing an amendment to article 7, section 3, paragraph 2 of the constitution to authorize the state to issue bonds for the purpose of constructing a system of state docks; and for other purposes.

HB 5.

By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Camilla to provide for an additional ad valorem tax; and for other purposes.

HB 6.

By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham so as to empower said city to improve the streets and alleys of said city; and for other purposes.

WEDNESDAY, JANUARY 26, 1949

193

HB 22. By Mr. Kemp of Clayton:
A bill abolishing the office of tax receiver and tax collector of Clayton County; and for other purposes.

HB 30. By Mr. Lewis of Hancock:
A bill to amend an act to provide for the filing of a petition to the Superior Court, or the Court of Ordinary by any person desirous of establishing the time and place of his birth and of securing the issuance of a certificate of birth; and for other purposes.

HB 31. By Mr. Lewis of Hancock: A bill to amend the code proViding for the selection of an official organ for legal advertising; and for other purposes.
HB 33. By Mr. Gross of Stephens: A bill to amend an act relating to the conversion of national bank into state bank; and for other purposes.
HB 34. By Mr. Griggs of Habersham: A bill relating to bills and notes and adding a new section; and for other purposes.
HB 36. By Mrs. Blitch of Clinch: A bill to amend an act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch; and for other purposes.
HB 37. By Mr. Griggs of Habersham: A bill to amend an act relating to the examination by and certificate of the Superintendent of Banks as to his approval or disapproval of application for bank charter; and for other purposes.
HB 38. By Mr. Griggs of Habersham: A bill to amend an act relating to the investment by guardians of the funds of their wards in bonds or other securities issued by this state and in bonds or other obligations issued by the United States Government, or bonds of certain corporations which are guaranteed by the U. S. Government; and for other purposes.
HB 39. By Mr. Gross of Stephens: A bill to amend an act relating to the forfeiture of charters of banks; and for other purposes.
HB 41. By Mr. Kemp of Clayton: A bill to incorporate the Town of Riverdale in the County of Clayton; and for other purposes.

194

JOURNAL OF THE SENATE,

HB 44. By Mr. Howard of DeKalb:
A bill to repeal section 26-6902 of chapter 26 of the Code of 1933 which provides for the punishment for one found guilty of the offense of sodomy; and for other purposes.

HB 45. By Mr. Howard of DeKalb:
A bill to amend section 26-2102 of the Code of Georgia of 1933 changing punishment for bribery; and for other purposes.

HB 53. By Mr. Raulerson of Pierce:
A bill to prescribe and establish the rules of practice and procedure in the City Court of Blackshear; and for other purposes.
HB 58. By Mr. Hodges of Butts:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Butts County; and for other purposes.

HB 65. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien and others:
A bill to amend an act pertaining to the proceedings in the nature of a mandamus against the Superintendent of Banks ; and for other purposes.
HB 66. By Messrs. Langdale and Mathis of Lowndes, Gross of Stephens and others:
A bill to amend an act relating to bills and notes and to public holidays; and for other purposes.
HB 82. By Mr. Gross of Stephens:
A bill to amend an act relating to the salaries of assistant superintendent examiners, and clerks of the Department of Banking; and for other purposes.
HB 83. By Mr. Gross of Stephens:
A bill pertaining to the qualifications of directors of banks; and for other purposes.
HB 94. By Messrs. Dodd and Trapnell of Bulloch: A bill to amend an act to abolish the offices of tax receiver and tax collector of Bulloch County; and for other purposes.

HB 95. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act creating the Board of County Commissioners for the County of Bulloch; and for other purposes.

WEDNESDAY, JANUARY 26, 1949

195

HB 96. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act creating a new charter for the City of Statesboro; to have the general election on the first Friday in December; and for other purposes.

HB 102. By Mr. Hall of Toombs:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues in and for the County of Toombs; and for other purposes.
HB 120. By Mr. Edenfield of Mcintosh:
A bill to authorize the mayor and aldermen of the City of Darien; and for other purposes.
HB 122. By Messrs. Barton and Johnson of Hall:
A bill to amend "An act to establish a City Court in the County of Hall, and to provide for the appointment of judge and solicitor thereof"; and for other purposes.
HB 126. By Mr. Chalker of Pulaski:
A bill to amend the charter of the City of Hawkinsville; to abolish the commissioner-city manager form of government; and for other purposes.
HB 133. By Mr. Moore of Dodge:
A bill to amend an act which created the office of Commissioner of Roads and Revenues for Dodge County; and for other purposes.
HB 138. By Mr. Kemp of Clayton: A bill to create and establish for Clayton County, a Planning Comtnission and Board of Zoning Appeals; and for other purposes.
HB 141. By Messrs. Alexander and Duncan of Carroll: A bill to amend an act to increase the salary of the tax commissioner of Carroll County; and for other purposes.
HB 174. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens and others: A bill to amend an act empowering the State Highway Department to contract with counties; to provide that all contracts let by the State Highway Deparment to counties for road work provide that such work must be done by convict labor and not otherwise; and for other purposes.
HB 175. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens and others: A bill to provide that the state highway director and/or State Highway Department be prohibited from negotiating contracts for highway construction; and for other purposes.

196

JOURNAL OF THE SENATE,

HB 181. By Mr. Bell of Elbert:
A bill to provide a Board of Commissioners of Roads and Revenues for the County of Elbert; and for other purposes.

The following local bills of the Senate were read the third time and put upon their passage:
SB 27. By Senator Rich of the 8th:
A bill to amend an act amending an act establishing the City Court of Bainbridge pertaining to the clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 28. By Senator Rich of the 8th:
A bill tQ amend an act establishing the City Court of Bainbridge, pertaining to the judge and solicitor; providing that the salary of the judge and solicitor of said City Court shall be $3,600 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 30. By Senator Rich of the 8th:
A bill to amend an act abolishing the office of tax collector of Decatur County; and creating in lieu thereof the office of tax commissioner; to fix his term, compensation, rights, liabilities and duties; to increase . the salary of the tax commissioner from $4,000 per annum, payable monthly, to $5,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 49. By Senator Grayson of the 1st:
A bill to repeal an act of the General Assembly of 1947 erroneously marked "approved March 27, 1948", included on pages 935-938 of the acts of 1947 establishing a pension system for the City of Savannah, and to reenact the same ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,
was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 26, 1949

197

SB 50. By Senator Grayson of the 1st:
A bill to provide for a base pay of $190 per month for all regular members of the Fire and Police Departments of the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 51. By Senator Grayson of the 1st:
A bill to repeal an amendment to the charter of the City of Savannah approved February 8, 1945, creating a Savannah Airport 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 52. By Senator Grayson of the 1st:
A bill to repeal an act approved February 18, 1945, amending the charter of the City of Savannah to create an Industrial and Domestic Water Supply Commission, incorporated on pages 563, 564 and 565 of the acts of 1945; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 53. By Senator Grayson of the 1st:
A bill creating an Industrial and Domestic Water Supply Commission in an operating agency of the mayor and aldermen of the City of Savannah consisting of five members; fixing their terms of office to prescribe by ordinance the rates to be charged for the sale of water; to provide for employees and the fixing of compensation of employees of 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 60. By Senator Grayson of the 1st:
A bill to amend the several acts incorporating the mayor and councilmen of the town of Tybee by providing for a special election on the second Tuesday in June 1949 for the election of a mayor and councilmen for the Town of Savannah Beach, Tybee Island; and for other purposes.

198

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted:

SR 22. By Senator Overby of the 33rd:
Providing memorialization of the national guard, ground and air, as it is now organized under the militia clauses of the constitution by Congress and the President of the United States; and for other purposes.

SR 25. By Senators Cochran of the 7th, Eve of the 18th and others:
Requesting the representatives and senators in Congress to introduce legislation to afford adequate and proper consideration to World War veterans in the allocation of cotton and wheat acreage allotments.

SR 26. By Senator Stark of the 35th:
A resolution by the Senate, the House concurring, that certain employees who rendered services to the State of Georgia be paid for their services and expenses.
The following local bills of the House were read the third time and put upon their passage:
HB 24. By Mr. Cook of Chattooga:
A bill to change the method of compensation of the tax collector of Chattooga County; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:
Amend HB 24, section I, line 3 of said act by striking the words and figures "$2,400.00" and inserting in lieu thereof the words and figures $3,600.00.
Amend HB 24 by adding a new section to be known as section lA to read as follows :
This act shall not become effective to change the compensation of said tax collector until the end of his current term, January 1, 1953.
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.
.'PR 29. By Mr. Davis of Bartow:
A bill to amend an act granting a new city charter for the City of Cartersville; and for other purposes.

WEDNESDAY, JANUARY 26, 1949

199

Senator Pittman of the 42nd offered the following amendment:
Amend HB 29, paragraph 3, section 33A by striking the section in its entirety.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 16. By Mr. J oily of Franklin:
A bill to amend an act to abolish the office of tax receiver and tax collector of Franklin County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 42. By Mr. Briscoe of Walton:
A bill to provide for a system of retirement payment for certain employees of the City of Monroe; and for other purposes.
The report 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 47. By Mr. Cranford of Coweta:
A bill to abolish the office of the tax receiver and tax collector for the County of Coweta; and for other purposes.
The report 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 63. By Mr. Cranford and Carmical of Coweta:
A bill authorizing the Board of Commissioners of Roads and Revenue for Coweta County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

200

JOURNAL OF THE SENATE,

HB 72. By Mr. Hollis of Muscogee:
A bill to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as "Motts Green"; and for other purposes.
The report 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 71. By Mr. Hollis of Muscogee:
A bill to vest in the City of Columbus fee simple title to a certain tract of land in said city lying north of 14th street; and for other purposes.
The report 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 79. By Mr. Robertson of Meriwether:
A bill to amend the charter of the City of Warm Springs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 80. By Mr. Bell of Elbert:
A bill to amend an act incorporating the City of Elberton by prescribing the duties of the mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 89. By Mr. Cates of Burke:
A bill incorporating the City of Midville; to change the time for holding the annual election for the mayor and council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 26, 1949

201

HB 92. By Mr. Cates of Burke: A bill to amend an act to renew the various acts incorporating the Town of Waynesboro; to provide for the house for holding elections in 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 101. By Mr. Gillis of Treutlen:
A bill to amend an act to incorporate the City of Soperton; to define the 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smith of the 37th asked unanimous consent that the following bill of the House be recommitted to the Committee on General Judiciary:

HB 31. By Mr. Lewis of Hancock:
A bill to amend the code providing for the selection of an official organ for legal advertising; and for other purposes.
The consent was granted.

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 24. By Senator Overby of the 33rd:
A bill to amend an act approved February 4, 1943, providing for the qualification and removal of members of the Merit System Council by providing no member of the Merit System Council shall have held political office or been an officer of a political party for 12 months preceding his appointment; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.

HB 7. By Mr. Twitty of Mitchell, Hand of Mitchell, Adams of Brantley, Tuten of Bacon, Smith of Bryan and Smith of Emanuel:
A bill to amend an act entitled "Public Safety Department"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

202

JOURNAL OF THE SENATE,

HB 8. By Mr. Twitty of Mitchell, Hand of Mitchell, Ray of Warren and Smith of Emanuel:
A bill to create a State Housing Authority Board; to provide for its membership of three thereon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed. to.
On the passage of the bill, the ayes were 37, nays 4.
The bill, having received the requisite constitutional majority, was passed.

HB 15. By Mr. Twitty of Mitchell, Hand of Mitchell, Tuten of Bacon, and Brisco of Walton:
A bill to amend an act creating a Department of Public Safety; creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.

Senator Pilcher of the 19th offered the following substitute:
A BILL
To be entitled an act expressing a token of appreciation of the people of Georgia for the sacrifice, heroism, and patriotism of the veterans of World Wars I and II by authorizing the issuance of a free honorary driver's license for life to such veterans under certain conditions; to repeal all laws and parts of laws in conflict herewith; 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 as one of the means of showing the appreciation of the people of the State of Georgia for the sacrifice, heroism, and patriotism of the veterans of World Wars I and II, this act is enacted for the purpose of presenting a free honorary driver's license for life to all veterans of the armed forces of the United States of America and all persons who have been discharged from service with the U. S. Merchant Marine or U. S. Maritime Service, who were residents of the State of Georgia at the time of beginning active duty in such service and who were subsequently separated from such services under honorable or because of medical conditions.
SECTION 2.
The word or terms "veteran" or "veterans" as used in this act refers to both veterans of the armed forces and discharged persons from the Merchant Marine or Maritime Service, who qualify under the restrictions outlined in section 1 of this act.
SECTION 3.
It is hereby made the duty of the director of the Department of Public Safety of Georgia, or his successor in office, to cause to be issued to each veteran who is a legal resident of this state, and who shall so apply, an honorary driver's license, which shall entitle the holder thereof

WEDNESDAY, JANUARY 26, 1949

203

to an exemption from the payment of any fee or fees for a driver's license, and shall entitle the holder to drive a motor vehicle upon the streets, roads, and highways of this state, until the same be suspended, revoked or cancelled in accordance with the law.
SECTION 4.
It is hereby made the duty of the director of the Department of Public Safety, or his successor in office, to cause to be printed or engraved such suitable cards or forms, conforming as far as practicable to the cards issued to applicants for a regular driver's license, but appropriate to serve as permanent honorary driver's license; said cards or forms to be of such texture and material as will serve as permanent license cards.
SECTION 5. The director of the Department of Public Safety, or his successor in office, shall prescribe and furnish the forms to be used by applicants for said honorary driver's licenses, and is hereby authorized to promulgate rules and regulations which shall have the force and effect of law, for the purpose of determining and passing upon the eligibility of applications for such licenses. Any applicant who is denied an honorary driver's license by said director is hereby granted the right to appeal to the Department of Public Safety to review de novo his right to have issued to him an honorary driver's license.
SECTION 6. Any license issued under the authority of this act shall be subject to suspension, cancellation and revocation in precisely the same manner, and for the same causes, and by the same authorities, as are licenses issued to other persons who are non veterans.
SECTION 7. Any person who by fraud or false statement shall secure or use an honorary driver's license, as herein authorized shall be punished as for a misdemeanor.
SECTION 8. The licenses issued under the authority of this act are not transferrable and any veteran who permits the use of such a license by another person shall forfeit the privileges extended under the provisions of this act. Provided, however, that should any honorary driver's license be lost, stolen or destroyed the Department of Public Safety shall be notified immediately and a record made thereof. Under such conditions the veteran shall be issued a duplicate honorary driver's license which however, shall have a new number.
SECTION 9. Nothing contained in this act shall exempt the members of the family of the holder of an honorary driver's license from the necessity of obtaining the proper license for each member of the family who desires to operate such a vehicle.
SECTION 10.
To repeal all laws and parts of laws in conflict herewith.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

204

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 by substitute.
HR 9. By Messrs. Twitty and Hand of Mitchell, Gross of Stephens and Ray of Warren:
A resolution giving legislative approval to compact between State of Georgia and other southern states by and through their Governors relative to development and maintenance of regional educational services in schools.
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.
A sealed communication was received from His Excellency, the Governor, through Hon. Benton Odum, executive secretary.
Senator Pilcher of the 19th moved that the Senate do now go into executive session for the purpose of considering a sealed message from His Excellency, the Governor.
The motion prevailed, and the Senate resolved itself in executive session at 12:45 o'clock.
The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, secretary of Senate:
January 26, 1949

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

Dear Governor:

Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows :

Nomination sent to the Senate by you this date, was confirmed as follows:

Honorable A. N. Moye, of the County of Lamar, to be appointed director of the State Parks, Historic Sites and Monuments of the State of Georgia, for the term beginning November 18, 1948, and for the term provided by law. The vote on this confirmation was ayes 51, nays 0.

GDS:lw

Respectfully submitted, George D. Stewart, Secretary of Senate

The Senate reconvened in regular session at 12:50 and resumed the order of business.
Senator Blalock of the 36th moved that the Senate do now adjourn and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, JANUARY 27, 1949

20.6

Senate Chamber, Atlanta, Georgia. Thursday, January 27, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and waif 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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported. 7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions. The consent was granted.

206

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 10. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon, Smith of Emanuel and others:
A bill to create the Veterans Educational Council and to provide for the transfer of certain powers therein to the Department of Veterans Service; and for other purposes.

HB 78. By Messrs. Covington and Terrell of Floyd:
A bill to amend an act entitled "Notaries Public-Method of appointment changed-Powers, Duties, fees" approved March 27, 1947, by striking and repealing therefrom section 71-101 which vest the power of appointing notaries public in the judges of the Superior Court; and for other purposes.
HB 166. By Messrs. Page, Hood and McGee of Chatham:
A bill to amend the charter of the City of Savannah and the several acts amendatory thereto, incorporating the mayor and aldermen of the City of Savannah relating to supplementary thereto; to create a civil service system in the City of Savannah; and for other purposes.

HB 166. By Messrs. Kidd and Jennings of Baldwin:
A bill to provide for the permanent tenure of certain employees of the Milledgeville State Hospital; and for other purposes.

HB 208. By Mr. Harden of Ben Hill:
A bill to amend and revise the charter of the City of Fitzgerald; and for other purposes.

HB 211. By Mr. Stevens of Webster:
A bill to amend an act approved July 28, 1921, entitled an act to create the office of county treasury for the County of Webster; and for other purposes.

HR 64. By Messrs. Howard of DeKalb, Langdale of Lowndes, Sheffield of Brooks and others.
A resolution requesting the representatives and senators in Congress to introduce legislation to afford adequate and proper consideration to World War veterans in the allocation of cotton and wheat acreage allotments.

SB 3.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to create the State Depository Board, prescribing its powers and

THURSDAY, JANUARY 27, 1949

207

duties with reference to designation of state depositories and regulating of deposits therein by the State Treasurer; transferring to the board certain of the Governor's duties relative to depositories; repealing and amending inconsistent laws; and for other purposes.

The following bills and/or resolutions of the Senate were introduced, read the first time and referred to committee :
SB 74. By Senator Coleman of the 16th:
A bill to fix the salary of the treasurer of Laurens County at $1,800.00 per year instead of $1,000.00 per year; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 75. By Senator Coleman of the 16th:
A bill to raise the salary of the county commissioners of Laurens County to $100.00 per month and to prohibit them from employing relatives within a certain degree of relationship; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 76. By Senators Ursrey of the 54th, Housley of the 32nd, Roddenberry of the 3rd, Higginbotham of the 31st, Tarver of the 48th and Mason of the 28th:
A bill to amend the seed inspection laws by providing for wholesaler and retailer license fees; to provide for inspection stamps to be purchased from the Commissioner of Agriculture; to provide the Commissioner of Agriculture may adopt rules and regulations; and for other purposes. Referred to Committee on Agriculture.
The following bills of the House were read the first time and referred to committees : HB 10. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon, Lewis of
Hancock and Smith of Emanuel:
A bill to repeal an act to establish a Veterans Educational Council; and for other purposes.
Referred to the Committee on Veterans Affairs.
HB 78. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell:
A bill to amend an act entitled "Notaries Public-Method of Appointment Changed-Powers, Duties, Fees"; and for other purposes.
Referred to the Committee on General Judiciary.
HB 156. By Messrs. Page, Hood and McGee of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of City of Savannah; and for other purposes. Referred to the Committee on Municipal Government.

208

JOURNAL OF THE SENATE,

HB 165. By Messrs. Kidd and Jennings of Baldwin:
A bill to provide for the permanent tenure of certain employees of the Milledgeville State Hospital; and for other purposes.
Referred to Committee on Public Welfare.

HB 208. By Mr. Harden of Ben Hill:
A bill to amend and revise the charter of the City of Fitzgerald; and for other purposes.
Referred to the Committee on Municipal Government.

HB 211. By Mr. Stevens of Webster:
A bill to amend an act to create the office of county treasurer for the County of Webster; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Gholston of the 30th District, chairman of the Committee on University of Georgia, submitted the following report:

Mr. President:
Your Committee on University of Georgia 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 49. Do Pass as amended.

Respectfully submitted,

Gholston of 30th District,

Chairman

Mr. McCoy of the 4th 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
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 9. Do Pass.
HR 1059d. Do Pass.
Respectfully submitted, McCoy of 4th District, Chairman

THURSDAY, JANUARY 27, 1949

209

Mr. Higginbotham of the 31st 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 90. Do Pass.

HB 121. Do Pass.

HB 136. Do Pass.

HB 110. Do Pass.

HB 55. Do Pass.

HB 124. Do Pass.

HB 139. Do Pass.

SB 71. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Ayers of the 13th 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 the same back to the Senate with the following recommendations:

SB 48. SB 58. SB 67. HB 98. HB 93. HB 137.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as amended.

HB 57. HB 125. HB 91. HB 21. HB 130. HB 131. HB 132.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

210

JOURNAL OF THE SENATE,

Mr. Purdom of the 46th 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 116. Do Pass as amended.

Respectfully submitted, Purdom of 46th District, Chairman

Mr. Garrett of the 53rd 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 70. Do Pass.
Respectfully submitted, Garrett of 53rd District, Chairman
Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:
Mr. President: Your Committee on Conservation 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 66. Do Pass.
HB 105. Do Pass.
Respectfully submitted, Wright of 5th District, Chairman

THURSDAY, JANUARY 27, 1949

211

Mr. Housley of the 32nd 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 Governor:

SB 2.

SR 13.

Respectfully submitted,

Housley of 32nd District, Chairman

Mr. Housley of the 32nd 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 6.

SB 10.

SB 23.

SB 29.

SB 37.

SB 39.

SB 45.

SB 46.

SB 47.

SB 54.

SB 55.

SB 56.

SB 57.

SB 59. SR 28. SR 27.

Respectfully submitted, Housley of 32nd District, Chairman

212

JOURNAL OF THE SENATE,

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

SB 48. By Senator Grayson of the 1st:
A bill to fix the salaries of the senior and junior judge of the Municipal Court of Savannah by providing the chief judge of the Municipal Court and ex-officio judge of the City Court of Savannah shall receive a salary of $7,500 per annum; and for other purposes.

SB 58. By Senator Grayson of the 1st:
A bill to provide the judge of the Superior Court of the Eastern Judicial Circuit shall be paid a salary of $1,000 by Chatham County in addition to the salary paid by the state; and for other purposes.

SB 66. By Senators Garrett of the 53rd, Saunders of the 25th, Mason of the 28th, Higginbotham of the 31st, Pilcher of the 19th, Coleman of the 16th, Clary of the 28th, Ansley of the lOth, Land of the 51st, Rowland of the 21st, Rich of the 8th, Massey of the 44th and Housley of the 32nd:
A bill to abolish the Department of Forestry and to create a State Forestry Commission, a director, and to provide for their appointment tenure, compensation, powers and duties; and for other purposes.

SB 67. By Senators Purdom of the 46th, Roddenberry of the 3rd, McCoy of the 4th and Wright of the 5th:
A bill to fix the salary of the solicitor general of the Waycross Judicial Circuit at $5,200 per annum, payable by the counties composing the circuit ; and for other purposes.

SB 70.

By Senators LeCraw of the 52nd, and Roddenberry of the 3rd:
A bill to provide that income tax returns of men and women serving in the armed forces between January 1, 1941 and the termination of World War II shall be allowed a deduction from gross income for any year of an amount not to exceed $1,500 in addition to all other deductions allowed by law; and to appropriate $50,000 to pay refunds; and for other purposes.

SB 71.

By Senator Smith of the 37th:
A bill to extend the corporate limits of the City of Carrollton threefourths of a mile beyond the territorial limits now fixed by law; and for other purposes.

HB 9.

By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to establish and organize a commission for a survey of cerebral palsied children who are citizens of the State of Georgia; and for other purposes.

HB 21. By Mr. Baggett of Grady:
A bill to amend an act to establish the City Court of Cairo; and for other purposes.

THURSDAY, JANUARY 27, 1949

213

HB 55. By Mr. Raulerson of Pierce:
A bill to consolidate and revise the charter for the City of Blackshear; and for other purposes.

HB 57. By Mr. Etheredge of Baker:
A bill to increase the bond of the sheriff of Baker County; and for other purposes.

HB 90. By Mr. Cates of Burke:
A bill to amend the charter of the City of Waynesboro; to further extend the corporate limits of said city; and for other purposes.

HB 91. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act entitled "Clerk of Superior Court, Salary For"; and for other purposes.

HB 93. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act to create the City Court of Statesboro, so as to increase the salary of the solicitor of said court; and for other purposes.

HB 98. By Messrs. Dodd and Trapnell of Bulloch:
A bill to amend an act creating the City Court of Statesboro, so as to increase the salary of the judge of said court; and for other purposes.

HB 105. By Messrs. Sivell of Harris and Hand of Mitchell:
A bill to grant and convey a certain portion of Roosevelt State Park (Pine Mountain State Park) to Cason J. Callaway for the sum of one thousand dollars; and for other purposes.

HB 110. By Mr. Kemp of Clayton: A bill to create and incorporate the City of Mountain View; to describe and define the corporate limits; and for other purposes.
HB 116. By Mr. Ray of Warren: A bill to make general appropriations for the operation of the state government; and for other purposes.

HB 121. By Mr. Edenfield of Mcintosh:
A bill to authorize the mayor and aldermen of the City of Darien to close the alley way in block 99 in the City of Darien; and for other purposes.
HB 124. By Messrs. Barton and Johnson of Hall:
A bill to amend the charter of the City of Gainesville; to provide for the establishment of a Civil Service Board; and for other purposes.

214

JOURNAL OF THE SENATE,

HB 125. By Mr. Chalker of Pulaski:
A bill to amend an act to create the office of Commissioner of Roads and Revenues in and for the County of Pulaski; and for other purposes.

HB 130. By Mr. Lockett of Randolph:
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the County of Randolph; and for other purposes.

HB 131. By Mr. Moore of Dodge:
A bill to amend an act to create the office of Commissioner of Roads and Revenues in and for the County of Dodge; and for other purposes.

HB 132. By Mr. Moore of Dodge:
A bill to repeal an act to provide for the appointment of a probation officer for Dodge County; and for other purposes.

HB 139. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.

HB 136. By Mr. Kemp of Clayton:
A bill to be entitled an act to amend an act to create and incorporate the City of Morrow, in the County of Clayton, and grant a charter to that municipality under the name and style; and for other purposes.

HB 137. By Mr. Kemp of Clayton:
A bill to amend an act to create a Commissioner of Roads and Revenues of Clayton County, to fix his compensation and provide his expense account; and for other purposes.

HR 10-59d. By Mr. Cook of Chattooga:
A resolution to request a full and complete legal investigation by the Attorney General of the emptying into the Chattooga River of certain waste matters, including dyes, caustics and various chemicals by the Riegel Textile Corporation in Chattoga County, and for other purposes.

The following resolutions of the Senate and House were read and adopted:
SR 27. By Senator Dykes of the 14th:
A resolution approving for payment the salaries of offices of the Governor's office for 67 days in the year 1947 and directing the State Treasurer and State Auditor to pay the same.

HR 54. By Messrs. Howard of DeKalb, Langdale of Lowndes and Sheffield of Brooks:
A resolution requesting members of Congress to introduce legislation to afford adequate consideration to World War veterans in the allocation of cotton and wheat acreage allotments.

THURSDAY, JANUARY 27, 1949

215

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 6. By Senator LeCraw of the 52nd:
A bill to establish a local government commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein, for the purpose of modernizing and streamlining local governments; to provide said commission may draft a plan or plans consolidating the governments of Fulton County and the City of Atlanta, to submit to the people; and for other purposes.
The report 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 29. By Senator Rich of the 8th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for the County of Decatur; providing for their election, qualification, term of office, powers, duties, and compensation as approved March 4, 1935; to increase the per diem pay of their services rendered to said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 45.

By Senator Massey of the 44th:
A bill to amend an act approved February 10, 1937, creating the office of tax commissioner of Catoosa County so as to fix the salary of the tax commissioner at $3,000 per annum and clerical help at $1,000 per annum; and for other purposes.

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

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

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

SB 46. By Senator Grayson of the 1st:
A bill to amend the act to create the commissioners of Chatham County approved February 21, 1873, as amended January 30, 1945, by fixing the per diem at $25.00 per day for regular meetings and $5.00 for every called or extra meeting and to provide they may draw a salary not to exceed $2,000 per year in addition to the per diem; and for other purposes.
The report 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.

216

JOURNAL OF THE SENATE,

SB 47. By Senator Grayson of the 1st:
A bill to authorize the commissioner of Chatham County to create a pension board; to provide the commission shall appoint the members of such board; to provide the commissioners may levy taxes and appropriate money for the payment of pensions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 54. By Senator Grayson of the 1st:
A bill to fix the salary of the judge of the City Court of Savannah at $8,500 per year; the salary of the clerk of the City Court of Savannah at $4,800; to fix the salary of the sheriff of the City Court at $4,800, plus $600 as expenses for an automobile; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 56. By Senator Grayson of the 1st:
A bill to fix the salary of the solicitor general of the Eastern Judicial Circuit of Georgia at $8,500 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 57. By Senator Grayson of the 1st: A bill to fix the salary of the elective officer of Chatham County as follows: Ordinary $7,500 per year; clerk of the Superior Court $7,000 per year; sheriff of Chatham County $7,000 per year; tax collector $8,500; tax receiver $7,000 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 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 59. By Senator Pilcher of the 19th:
A bill to provide a salary of $40.00 per month to the ordinary of Warren County in addition to fees; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 27, 1949

217

HB 5. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Camilla, to provide for an additional ad valorem tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 6. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham so as to empower said city to improve the streets and alleys 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 22. By Mr. Kemp of Clayton:
A bill to amend the act abolishing the office of tax receiver and tax collector of Clayton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 36. By Mrs. Blitch of Clinch:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for the County of Clinch; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 41. By Mr. Kemp of Clayton:
A bill to incorporate the Town of Riverdale in the County of Clayton; and for other purposes.
The report 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.

218

JOURNAL OF THE SENATE,

HB 53. By Mr. Raulerson of Pierce:
A bill to prescribe and establish the rules of practice and procedure in the City Court 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 58. By Mr. Hodges of Butts:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Butts County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 94. By Mr. Dodd of Bulloch, and others:
A bill to amend an act to abolish the office of tax receiver and tax 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 95. By Mr. Dodd 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 96. By Mr. Dodd of Bulloch, and others:
A bill to amend an act creating a new charter for the City of Statesboro; to have the general election on the first Friday in December; and for other purposes.
The report 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, JANUARY 27, 1949

219

HB 102. By Mr. Hall of Toombs:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues in and for the County of Toombs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 122. By Mr. Barton of Hall:
A bill to amend "An act to establish a city court in the County of Hall, and to provide for the appointment 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 120. By Mr. Edenfield of Mcintosh:
A bill to provide a new charter for the City of Darien; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 126. By Mr. Chalker of Pulaski:
A bill to amend the charter of the City of Hawkinsville; to abolish the commissioner-city manager form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 133. By Mr. Moore of Dodge:
A bill to amend an act which created the office of Commissioner of Roads and Revenue for 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

220

JOURNAL OF THE SENATE,

HB 138. By Mr. Kemp of Clayton:
A bill to create and establish for Clayton County, a Planning 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 141. By Mr. Alexander of Carroll:
A bill to amend an act to increase the salary of the tax commissioner of 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 181. By Mr. Bell of Elbert:
A bill to amend an act to provide a Board of Commissioners of Roads and Revenues for the County of Elbert; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was taken up for consideration:
HR 49. By Messrs. Hollis of Muscogee, Twitty of Mitchell, and others:
A resolution to declare that the athletic association of the University of Georgia and Georgia School of Technology are not state agencies ; and for other purposes.

The Committee on University of Georgia offered the following amendment:
By adding a new section to be known as section 6 and to read as follows:
"Provided however, that this resolution shall not apply to any tax money appropriated by the State of Georgia."
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended was agreed to.
On the adoption of the resolution, the ayes were 34, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.
A resolution by Senator Pilcher of the 19th extending the privilege of the

THURSDAY, JANUARY 27, 1949

221

floor to Hon. F. H. DeBeauguine, county school superintendent of Warren County, was read and adopted.

The following general bills and resolutions were read the third time and put upon their passage:
SB 10. By Senators McCoy of the 4th and Tarver of the 48th:
A bill to be entitled an act entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of dentistry; and for other purposes.
The Committee on Public Health offered the following substitute:
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 Section Six (6) of that certain act entitled "Dentistry Practice Regulated," approved August 17, 1920, and incorporated in the Acts of the General Assembly of 1920 on page 136 thereof, which reads as follows:
"Section 6. Be it further enacted by the authority aforesaid, That all persons shall be held to be practicing dentistry within the meaning of this act who shall charge a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or lesions of the human teeth, mouth, gums or jaws, or extract teeth or attempt to correct the malposition thereof or who shall fill or crown a human tooth or teeth, or do any operation whatsoever on the human tooth, or teeth, gums or jaws, or who shall make examination of any human tooth, teeth, gums or jaws, or take an impression thereof for the purpose of treating or operating upon the same or who shall by any means whatsoever make it known, or imply that he will do such operations. And be it further enacted that proof of any one or all of the acts mentioned above in the section shall constitute prima facie evidence of the practice of dentistry."
be and the same is hereby repealed and a new section inserted in lieu thereof to be known as Section Six (6) of said act approved August 17, 1920, to read as follows:
"Section 6. All persons who shall charge a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or lesions of the human teeth, mouth, gums or jaws, or extract teeth or attempt to correct the malposition thereof, or who shall fill or crown a human tooth or teeth, or do any operation whatsoever on the human tooth, or teeth, gums or jaws, or who shall make examination of any human tooth, teeth, gums, or jaws, or take an impression thereof for the purpose of treating or operating upon the same, or who shall make or repair appliances usable on teeth or as teeth, unless said appliances are ordered by and returned to a licensed dentist; or who shall diagnose dental radiographs or make radiographs, except for use by a licensed physician or licensed dentist, or who shall by any means whatsoever make it known, or imply that he will do such operations, shall be held to be practicing dentistry. Proof of any one or all of the acts mentioned in this section shall constitute prima facie evidence of the practice of dentistry."

222

JOURNAL OF THE SENATE,

Section 2. BE IT FURTHER ENACTED by authority of the same that the provisions of this act are severable, and if any of its provisions are declared unconstitutional, the decision so holding shall not be construed as impairing or altering any other of its provisions.
Section 3. BE IT FURTHER ENACTED by authority of the same that all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

The Committee on Public Health offered the following amendment to the committee substitute:
Amend the committee substitute to SB 10 by striking in section 6 on page 2 thereof, beginning the 14th line, the following language: "or who shall scrape, polish or clean teeth other than a licensed dental hygienist or a licensed dental nurse," so that when said section is amended it shall read as follows :
"Section 6. All persons who shall charge a fee or salary or any other reward, whether paid or unpaid to anyone directly or indirectly, for operations or parts of operations of any kind in the treatment of diseases or lesions of the human teeth, mouth, gums or jaws, or extract teeth or attempt to correct the malposition thereof, or who shall fill or crown a human tooth or teeth, or do any operation whatsoever on the human tooth, or teeth, gums or jaws, or who shall make examination of any human tooth, teeth, gums or jaws, or take an impression thereof for the purpose of treating or operating upon the same, or who shall make or repair appliances usable on teeth or as teeth, unless said appliances are ordered by and returned to a licensed dentist; or who shall diagnose dental radiographs or make radiographs, except for use by a licensed physician or licensed dentist, or who shall by any means whatsoever make it known, or imply that he will do such operations, shall be held to be practicing dentistry. Proof of any one or all of the acts mentioned in this section shall constitute prima facie evidence of the practice of dentistry."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.

SB 39. By Senator Pilcher of the 19th:
A bill to fix the salary of the director of the State Highway Department at not to exceed $9,000.00 per annum and the salary of the treasurer of not to exceed $7,500.00 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 39, nays 2.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 27, 1949

223

SB 23. By Senator Turner of the 34th:
A bill to provide that the insurance commissioner shall fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.

The Committee on Insurance offered the following amendment:
Amend SB 23 as follows: By adding at the end of section 1 the following: "Provided, however, that the amount so fixed shall not exceed the sum of $5400 per year."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 34. By Senators Gholston of the 30th, Mason of the 28th, Daniel of the 49th and Swint of the 27th:
A bill to provide for a ten-man Highway Commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation and tenure; to provide for a chairman of the commission, to fix his salary and duties, and provide for bond; to provide for a highway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.
Senator Pilcher of the 19th asked unanimous consent that further action on SB 34 be postponed until February 1.
The consent was granted.

SB 37. By Senator Turner of the 34th:
A bill to amend Code section 56-224 (e) of the Code of Georgia as amended designated as "Authorized investments by insurance companies" by striking said section (e) and substituting a new section to provide no company shall invest in a home office building or buildings for office purposes unless its assets shall exceed $100,000.00; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 38. By Senator Turner of the 34th:
A bill to amend section 56-216 of the Code of 1933 by striking the same and substituting a new section 56-216 (A) to provide the method for policy holders to participate in net profits of insurance companies; and for other purposes.

224

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 55. By Senators Grayson of the 1st, Saunders of the 25th, Eve of the 18th, Williams of the 20th, Jones of the 38th, Peterson of the 15th, Smith of the 37th, Tarver of the 48th, Boyett of the 11th, Garrett of the 53rd, and Pilcher of the 19th:
A bill to amend the State Ports Authority Act approved March 9, 1945, by changing the name to "Georgia Ports Authority" to provide qualification for members of the Georgia Ports Authority, to authorize the Governor to convey lands known as the Medical Depot Site in Chatham County to the authority; to authorize the authority to borrow money and to issue revenue anticipation certificates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 21. By Senators Grayson of the 1st, Saunders of the 25th, Pilcher of the 19th, Eve of the 18th, Williams of the 20th, Jones of the 38th, Peterson of the 15th, Smith of the 37th, Tarver of the 48th, Boyett of the 11th, Land of the 24th, and Garrett of the 53rd:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article 7, section 3, paragraph 2, of the 1945 Constitution of the State of Georgia relating to the public debt, finance, and taxation, by adding a new paragraph authorizing the General Assembly to obligate the state by incurring a bonded indebtedness, specifying the purposes for which the proceeds derived from the sale of said bond shall be used for the construction and maintenance of a system of state docks through either a department of the state or a state port authority and/or a Georgia ports authority as an operating agency of the state, as now created or hereafter created by the General Assembly providing for the approval of the expenditure of the proceeds of the sale of such bonds as the debt of the state as hereafter authorized; repealing any conflicting provisions of the Constitution; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that paragraph 2, of section 3, of article 7, of the Constitution of the State of Georgia of 1945 relating to the state debt, finance and taxation be and the same is hereby amended by adding a new paragraph to be known as paragraph 2a of section 2, article 7 of the 1945 Constitution of the State of Georgia, which said paragraph shall read as follows:
"Paragraph 2a. In addition to the constitutional powers now conferred upon the General Assembly to incur a bonded debt and notwithstanding any existing constitutional provision, the General Assembly of the State of Georgia is hereby authorized to incur an additional bonded

THURSDAY, JANUARY Z7, 1949

225

indebtedness and to obligate the State of Georgia for the retirement of the same in an additional amount to that provided by the Constitution, in an amount not to exceed the sum of twenty million dollars. Said bonded debt may be incurred for the exclusive purposes as follows:
(1) Of purchasing and or acquiring lands, docks and or improvements and or facilities and or equipment designed to be used for the sole purpose of a system of state docks.
(2) Said bonded debt and proceeds therefrom shall be in addition to the above for the purpose of construction of a system of state docks and the construction of buildings, improvements, machinery and equipment deemed necessary and essential for the modern operation of a system of state docks.
(3) Said funds derived from the incurrence of said bonded debt may also be used for the maintenance and operation of said system of state docks. The construction, acquirement, maintenance, operation and purchase as set forth above shall be directed and operated through a department of the state or through a state port authority or Georgia ports authority as now created or as may be hereafter created by the General Assembly as an operating agency of the state. Provided further that the funds derived as the proceeds from the sale of bonds issued and sold under the provisions hereof shall be expanded by such agency on the recommendation of such agency of the state after plans therefor have been submitted to the Governor of the State of Georgia and the state auditor and have obtained their approval for the expenditure of such sums as may be provided under the plan submitted by such agency of the state."
Section 2. That when said amendment shall be agreed to by twothirds vote of the members of each House, with the "ayes" and "nays" thereon entered on their respective journals, said proposal to amend the Constitution shall be published in one or more newspapers in each congressional district for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and shall be submitted to the people for ratification or rejection at the next general election at which members of the General Assembly are chosen. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "for ratification of amendment to article 7, section 3, paragraph 2 of the Constitution authorizing the state to incur a bonded debt for the purpose of constructing, maintaining and operating a system of state docks" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "against ratification of amendment to article 7, section 3, paragraph 2 of the Constitution authorizing the state to incur a bonded debt for the purpose of constructing, maintaining and operating a system of state docks," and if the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, this amendment shall become a part of the Constitution and if as adopted and ratified by the people, the result shall be declared and this amendment shall be proclaimed as a part of the Constitution of the State as provided by the Constitution and laws relating to amendments to the Constitution.
Section 3. Be it further enacted that all laws or parts of laws in conflict with the provisions of this amendment be and the same are declared repealed.

226

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd offered the following amendment:
Amended SR 21 to read by inserting the words "and/or issuing revenue anticipation certificates" after the words bonded indebtedness and "and/ or revenue anticipation certificates" after the words bonded debt and bonds.
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
The resolution proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Ayers

Higginbotham Housley

Boyett Bryant

Jones Land, 51st

Cochran Daniel Dykes Eve Florence Foster Garrett Gary Gholston Harris Grayson

Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson

Those voting in the negative were Senators:

Brooks

Davis

Pilcher Pittman Purdom Rackley Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Zellner
Harrison

The roll call was verified.

On the adoption of the 1esolution, the ayes were 45, nays 3.

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

Senator Grayson of the 1st asked unanimous consent that SR 21 be immediately transmitted to the House, and the consent was granted.

Senator Harrison of the 17th asked for leave of absence until February 7, and the President granted the request.

Senator Pilcher of the 19th asked unanimous consent' that when the Senate adjourn today it stand adjourned until 9 o'clock tomorrow morning.

The consent was granted.

Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 9 o'clock tomorrow morning.

FRIDAY, JANUARY 28, 1949

227

Senate Chamber, Atlanta, Georgia. Friday, January 28, 1949.

The Senate met pursuant to adjournment at 9 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain. By unanimous consent, the roll call was dispensed with. Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent the reading of the journal was dispensed with.
Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today :
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported. 7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of 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 passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to wit:
HB 77. By Messrs. Covington and Terrell of Floyd, and others:
A bill to amend section 106-102 of the 1933 Code of Georgia, by striking and repealing the same in its entirety, and substituting in lieu thereof a new section relating to trade-marks; and for other purposes.
HB 103. By Messrs. McMillan of Washington, Kemp of Clayton, and others:
A bill to amend an act approved February 1, 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; and for other purposes.
HB 107. By Messrs. Smith of Emanuel and Cowart of Calhoun:
A bill to amend an act known as the motor fuel tax law; to provide for
refund tax paid on gasoline when used solely for agricultural purposes

228

JOURNAL OF THE SENATE,

other than for the propulsion of motor vehicles upon the public highways; and for other purposes.

HB 113. By Mr. Twitty of Mitchell: A bill to amend section 56-216 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section, making the provisions of said section apply to all participating policies whether issued by mutual or stock companies; and for other purposes.
HB 147. By Messrs. Kemp of Clayton, Whitworth of Madison, Duncan of Carroll, and others. A bill to provide that every person, firm or corporation that sells, distributes or gives away fireworks shall first secure a license from the county governing authority; and for other purposes.
HB 160. By Messrs. Durden and Davis of Dougherty: A bill to provide for certified weighers, to provide for appointment of same, defining their powers and duties, providing penalties for violations thereof; and for other purposes.
HB 210. By Messrs. Page, McGee and Hood of Chatham: A bill to amend an act known as the "Revenue Certificate Law of 1937" by adding to section 2 of said act a provision that said act shall apply to a combination of sea wall, groin and public parking systems; and for other purposes.
HB 234. By Mr. Sills of Candler: A bill to amend an act approved March 23, 1933 (Ga. L. 1933, p. 430) entitled an act to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler; and for other purposes.
HB 236. By Messrs. Hinson and Ryle of Ware: A bill to increase the fee of the coroner of Ware County; to increase the fee of the coroners jury; and for other purposes.
HB 243. By Messrs. Campbell of Oconee, Court Gillis of Treutlen, Hopkins of Charlton, and others: A bill to amend an act approved March 26, 1937, as amended by an act approved March 6, 1945, the same relating to state soil conservation; and for other purposes.
HB 248. By Mr. Cagle of Cherokee: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Cherokee County, approved August 9, 1915; and for other purposes.
HB 254. By Mr. Hagan of Screven: A bill to amend section 11 and section 7 of an act entitled an act to create the office of the County Commissioner of Screven County; and for other purposes.

FRIDAY, JANUARY 28, 1949

229

HB 256. By Mr. Meeks of Union:
A bill to abolish the offices of tax collector and tax receiver in Union County, to create the office of tax director, prescribe his duties, fix his salary; and for other purposes.

SB 2.

By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, and others:
A bill to provide that it shall be the ministerial duty of the Secretary of State to furnish and prepare for and deliver to the Governor for his signature and seal of the Executive Department; all commissions, dedimi potestatems, and bonds for public officers which are required to be commissioned by the Governor; and for other purposes.

SR 13.

By Senator Saunders of the 25th:
A resolutions authorizing the Governor to transmit certain lands of the State of Georgia from the Pine Mountain Valley Rural Corporation to Cason J. Callaway. .

The following bills of the House were read the first time and referred to committees:
HB 77. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell:
A bill to amend an act relating to trade-marks, the procedure for obtaining same, costs, renewals, etc.; and for other purposes.
Referred to Committee on State of the Republic.

HB 103. By Messrs. McMillan and Tarbutton of Washington, Kemp of Clayton, and others. A bill to amend an act relating to the powers and duties of county boards of education; and for other purposes.
Referred to Committee on General Judiciary.
HB 107. By Messrs. Smith of Emanuel and Cowart of Calhoun: A bill to amend an act known as the motor fuel tax law; to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than for the propulsion of motor vehicles upon the public highways; and for other purposes.
Referred to Committee on Appropriations.
HB 113. By Mr. Twitty of Mitchell: A bill to amend an act regarding participation by policyholders in net profits; and for other purposes.
Referred to Committee on Insurance.
HB 147. By Messrs. Kemp of Clayton, Whitworth of Madison, Trapnell of Bulloch, and others : A bill to provide that every person, firm or corporation that sells, either at wholesale or retail, distributes or gives away fireworks shall :first

230

JOURNAL OF THE SENATE,

secure a license from the county governing authority; and for other purposes.
Referred to Committee on Public Welfare.

HB 160. By Messrs. Durden and Davis of Dougherty:
A bill to provide for certified public weighers, to provide for appointment of same; and for other purposes.
Referred to Committee on State of the Republic.

HB 210. By Messrs. Page, McGee and Hood of Chatham:
A bill to amend an act known as the "Revenue Certificate Law of 1937"; by providing that said act shall apply to a combination of sea wall, groin and public parking systems; and for other purposes.
Referred to Committee on General Judiciary.

HB 234. By Mr. Sills of Candler:
A bill to amend an act approved March 23, 1933 (Ga. Laws 1933, page 430) entitled an act to provide for the creation of a Board of Roads and Revenue Commissioners in and for the County of Candler; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 236. By Messrs. Hinson and Ryle of Ware:
A bill to increase the fee of the coroner of Ware County, to increase the
fee of the coroners jury; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 243. By Messrs. Campbell of Oconee, Gillis of Treutlen, Hopkins of Charlton, and others:
A bill to amend an act approved March 28, 1937, as amended by an act approved March 6, 1945, the same relating to state soil conservation; and for other purposes.
Referred to the Committee on Conservation.

HB 248. By Mr. Cagle of Cherokee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Cherokee County, approved August 9, 1915; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 254. By Mr. Hagan of Screven:
A bill to amend section 11 and section 7 of an act entitled an act to create the office of the County Commissioner of Screven County; and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, JANUARY 28, 1949

231

HB 256. By Mr. Meeks of Union:
A bill to abolish the office of tax collector and tax receiver in Union County and to create the office of tax director, prescribe his duties, fix his salary; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary 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 35. Do Pass, as amended. HB 88. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Brooks of the 50th 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 consid-
eration 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 18. Do Pass. Respectfully submitted, Brooks of 50th District, Chairman
Mr. Higginbotham of the 31st 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 72. Do Pass, as amended. HB 144. Do Pass. HB 75. Do Pass. liB 184. Do Pass.

232

JOURNAL OF THE SENATE,

HB 177. Do Pass. HB 163. Do Pass. HB 158. Do Pass. HB 198. Do Pass. HB 183. Do Pass. HB 157. Do Pass. HB 151. Do Pass. HB 74. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 72. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill to amend the charter of the City of Atlanta; to provide that members of the police department shall retire at age of 65; to grant Rich's Inc. the right to erect overhead passageway across Forsyth Street; that the mayor shall negotiate all contracts for concessions in city buildings and city property; that the city may insure the lives of all members of the fire department; and for other purposes.
SR 18. By Senator Purdom of the 46th:
A resolution to amend paragraph 4 of section 7 of article 7 of the Constitution of Georgia so as to include therein county boards of education as having authority to obtain and incur loans as therein provided.
HB 35. By Messrs. Gross of Stephens, Green of Rabun, Griggs of Habersham, Hedden of Towns and Meeks of Union:
A bill to amend an act to create and organize a new judicial circuit for the State of Georgia to be called the Tugalo Judicial Circuit; and for other purposes.
HB 74. By Messrs. Chastain and Willis of Thomas:
A bill to amend an act to reincorporate the Town of Thomasville as the City of Thomasville; and for other purposes.
HB 75. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville so as to provide for a retirement plan for the city employees of the City of Thomasville; and for other purposes.

FRIDAY, JANUARY 28, 1949

233

HB 88. By Mr. Nightingale of Glynn:
A bill to repeal an act entitled "An act to authorize municipalities to, by ordinance annex territory to be included within its limits upon the unanimous application in writing of the owners of the land affected; and for other purposes.

HB 144. By Messrs. Smith, Walton and Alverson of Fultol}:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 151. By Mr. Mathews of Peach:
A bill to amend an act granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and city council; and for other purposes.

HB 157. By Mr. Walker of Telfair:
A bill to amend an act to create a new charter for the Town of Lumber City; and for other purposes.

HB 158. By Mr. Hall of Toombs:
A bill to amend an act to create a new charter for the City of Vidalia; to extend the territorial limits of the City of Vidalia; and for other purposes.

HB 163. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Marietta; and for other purposes.

HB 177. By Mr. Bell of Richmond:
A bill to amend the charter of the City of Augusta so as to provide that all registered and qualified voters who reside within the City of Augusta as appears upon the voter's list of Richmond County shall be deemed to be registered and qualified to vote in all elections held by the City of Augusta; and for other purposes.
HB 183. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize, ratify and confirm action of the mayor and board of aldermen of the City of Macon abandoning and closing portion of an alley in Square 89 of said city; and for other purposes.
HB 184. By Messrs. Chastain and Willis of Thomas:
A bill to amend an act establishing a system of public schools in Thomasville, in the County of Thomas; and for other purposes.
HB 198. By Mr. Adams of Evans:
A bill to amend an act incorporating the City of Claxton; fixing salaries and terms of offices of the mayor and councilmen; fixing salaries of clerk, marshal, attorney and other officers and employees; and for other purposes.

234

JOURNAL OF THE SENATE,

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 48. By Senator Grayson of the 1st:
A bill to fix the salaries of the senior and junior judge of the Municipal Court of Savannah by providing the chief judge of the municipal court and ex-officio judge of the City Court of Savannah shall receive a salary of $7,500 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 58. By Senator Grayson of the 1st:
A bill to provide the judge of the Superior Court of the Eastern Judicial Circuit shall be paid a salary of $1,000 by Chatham County in addition to the salary paid by the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 67. By Senators Purdom of the 46th, Roddenberry of the 3rd, McCoy of the 4th and Wright of the 5th:
A bill to fix the salary of the solicitor general of the Waycross Judicial Circuit at $5,200 per annum, payable by the counties composing the 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 71. By Senator Smith of the 37th:
A bill to extend the corporate limits of the City of Carrollton three fourths of a mile beyond the territorial limits now fixed 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 28, 1949

235

HB 21. By Mr. Baggett of Grady:
A bill to amend an act to establish the City Court of Cairo; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 55. By Mr. Raulerson of Pierce:
A bill to consolidate and revise the charter for 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 57. By Mr. Etheredge 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 90. By Mr. Cates of Burke, and others:
A bill to amend the charter of the City of Waynesboro; to further extend the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 91. By Mr. Dodd of Bulloch and others:
A bill to amend an act entitled "Clerk of Superior Court, Salary For"; and for other purposes.
The report 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.

236

JOURNAL OF THE SENATE,

HB 93. By Mr. Dodd of Bulloch and others:
A bill to amend an act to create the City Court of Statesboro, so as to increase the salary of the solicitor of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 98. By Mr. Dodd of Bulloch and others:
A bill to amend an act creating the City Court of Statesboro, so as to increase the salary of the 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 110. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Mountain View; to describe and define the corporate limits; and for other purposes.
Senator Swint of the 26th offered the following amendment:
Amend HB 110 by striking section 2 of said act in its entirety and substituting a new section 2 to read as follows:
Section 2. That the corporate limits of said city shall include the following described area, all of which shall be within the corporate limits of said municipality:
Beginning at a point in the center of the right of way of the Central of Georgia Railroad, where said right of way intersects the Fulton County line; running thence west along the Fulton County line 4950 feet, more or less, to the center of Landers Drive; thence southeasterly along the center of Landers Drive 3364 feet, more or less, to the center of College Park public road; thence east along the center of said College Park public road 370 feet, more or less, to the center of Mud creek; thence following the center of Mud Creek 2340 feet south to a made corner; thence due east 6535 feet, more or less, to the center of the Ballard public road; thence northerly along the center of the Ballard public road 5949 feet, more or less to the Fulton County line; thence west along the Fulton County line 3430 feet, more or less, to the center of the right of way of the Central of Georgia Railroad and the point of beginning. All of the described area being in the 13th district of Clayton County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, JANUARY 28, 1949

237

HB 121. By Mr. Edenfield of Mcintosh:
A bill to authorize the mayor and aldermen of the City of Darien to close the alleyway in Block 99 in the City of Darien; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 124. By Mr. Barton of Hall:

A bill to amend the charter of the City of Gainesville; to provide for the establishment of a civil service board; and for other purposes.

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

was agreed to.



On the passage of the bill, the ayes were 32, nays 0.

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

HB 125. By Mr. Chalker of Pulaski:

A bill to amend an act to create the office of Commissioner of Roads and
Revenues in and for the County of Pulaski; and for other purposes.

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

was agreed to.



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

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

HB 130. By Mr. Lockett of Randolph:
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the County of Randolph; and for other purposes.
The report 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 131. By Mr. Moore of Dodge:
A bill to amend an act to create the office of Commissioner of Roads and Revenues in for for the County of Dodge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

'238

JOURNAL OF THE SENATE,

HB 132. By Mr. Moore of Dodge:
A bill to repeal an act to provide for the appointment of a probation officer for 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 136. By Mr. Kemp of Clayton:
A bill to amend an act to create and incorporate the City of Morrow, in the County of Clayton, and grant a charter to that municipality under the name and style; and for other purposes.
The report 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 137. By Mr. Kemp of Clayton:
A bill to create a commissioner of roads and revenues of Clayton County, to fix his compensation and provide his expense account; and for other purposes.

Senator Swint of the 26th offered the following amendment:
Amend HB 137 as follows:
1. By striking the second sentence in section 1 of said act in its entirety. The language stricken reading as follows: "Should said commissioner fail to keep his office open during the usual business hours, as herein provided, or should move his office from said courthouse to any other place then his term of office shall terminate at once and the ordinary of the county shall call an election to determine his successor, said election to be held within thirty days from the removal of said office from the courthouse."
2. By striking the following language from section 4 of said act in the 4th and 5th line there of "Not to exceed one hundred fifty ($150.00) dollars per month" and by striking the following language from section 4 of said act which is in the 4th and 5th lines of the new section numbered in said act as section 9, the language stricken reading as follows: "Not to exceed one hundred fifty ($150.00) dollars per month."
3. By adding at the end of section 4 of said act the following sentence: "Said clerk shall perform such other duties as may be required by said commissioner."
4. By adding the word "members" between the word "Board" and the word "shall" in the 21st line of section 6 of said act, so that the sentence beginning in the 21st line of section 6 shall read as follows: "Said advisory board members shall receive the sum of $10.00 per diem for each days service, said sum being limited to $200.00 in any calendar year."

FRIDAY, JANUARY 28, 1949

239

5. By adding the following sentence at the end of section 7 of said act to read as follows: "Should any such funds not be used in the calendar year, the same shall revert to the general funds of the county."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 139. By Mr. Nightingale of Glynn and others:
A bill to amend the charter of the City of Brunswick; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted :

SR 28. By Senator Foster of the 40th:
A resolution providing for a person who rendered services to the state for 67 days, and who has not been paid for said services, shall be authorized to receive salary.
Senator Foster of the 40th asked unanimous consent that SR 28 be immediately transmitted to the House, and the consent was granted.

SR 29. By Senator Ursrey of the 54th: A resolution to adjourn Monday, January 31, at 2 P.M.
By unanimous consent SR 29 was immediately transmitted to the House.

SR 30. By Senator Blalock of the 36th :
A resolution thanking His Excellency, Governor Herman Talmadge, and Georgia's First Lady for their excellent entertainment of the members of the Georgia General Assembly, and others.

The following general bills of the Senate and House were read the third time and put upon their passage:
SB 66. By Senators Garrett of the 53rd, Saunders of the 25th, Mason of the 28th, Higginbotham of the 31st, Pilcher of the 19th, Coleman of the 16th, Clary of the 28th, Ansley of the lOth, Land of the 51st, Rowland of the 21st, Rich of the 8th, Massey of the 44th, and Housley of the 32nd:
A bill to abolish the Department of Forestry and to create a State Forestry Commission, a director, and to provide for their appointment, tenure, compensation, powers and duties; and for other purposes.
Senator Peterson of the 15th moved that SB 66 be postponed until February 2, and the motion prevailed.

240

JOURNAL OF THE SENATE,

SB 70. By Senators LeCraw of the 52nd and Roddenberry of the 3rd:
A bill to provide that income tax returns of men and women serving in the armed forces between January 1, 1941, and the termination of World War II shall be allowed a deduction from gross income for any year of an amount not to exceed $1500 in addition to all other deductions allowed by law; and to appropriate $50,000 to pay refunds; and for other purposes.
Senator LeCraw of the 52nd moved that SB 70 be postponed until January 31, and the motion prevailed.

SB 43. By Senators Ursery of the 54th and Purdom of the 46th:
A bill to amend Code section 3-108 of 1933 by providing that a beneficiary of a contract made between other parties for his benefit may maintain actions against the promisor or other parties of interest; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 9. By Mr. Twitty of Mitchell and others:
A bill to establish and organize a commission for a survey of cerebral palsied children who are citizens of the State of Georgia; and for other purposes.
The report of the co:r,nmittee, 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 30. By Mr. Lewis of Hancock:
A bill to amend an act to provide for the filing of a petition to the superior court, or the court of ordinary by any person desirous of establishing the time and place of his birth and of securing the issuance of a certificate of birth; and for other purposes.
The report 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 39. By Mr. Gross of Stephens:
A bill to amend an act relating to the forfeiture of charters of banks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 28, 1949

241

HB 44. By Mr. Howard of DeKalb:
A bill to repeal section 26-6902 of chapter 26 of the Code of 1933 which provides for punishment for one found guilty of the offense of sodomy; and for other purposes.
The report 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 45. By Mr. Howard of DeKalb:
A bill to amend section 26-2102 of the Code of Georgia 1933 changing punishment for bribery; and for other purposes.
The report 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 65. By Mr. Langdale of Lowndes and others:
A bill to amend an act pertaining to the proceedings in the nature of a mandamus against the superintendent of banks; and for other purposes.
The report 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 66. By Mr. Langdale of Lowndes and others:
A bill to amend an act relating to biHs and notes; and for other purposes. The report 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 82. By Mr. Gross of Stephens:
A bill to amend an act relating to the salaries of assistant superintendent, examiners, and clerks of the Department of Banking; and for other purposes.
The report 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 83. By Mr. Gross of Stephens:
A bill pertaining to the qualifications of directors of banks; and for other purposes.

242

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 174. By Mr. Hand of Mitchell and others:
A bill to amend an act empowering the State Highway Department to contract with counties; to provide that all contracts let by the State Highway Department to counties for road work provide that such work must be done by convict labor and not otherwise; and for other purposes.
The report 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 175. By Mr. Hand of Mitchell and others:
A bill to provide that the State Highway Director and/or State Highway Department, be prohibited from negotiating contracts for highway construction; and for other purposes.
The report of the committee, which was favorable to the passage of the hili, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite ~onstitutional majority, was passed.

HB 105. By Mr. Sivell of Harris and others:
A bill to grant and convey a certain portion of Roosevelt State Park (Pine Mountain State Park) to Cason J. Callaway for the sum of One Thousand Dollars; and for other purposes.
Senator Pilcher of the 19th moved that the bill be tabled.
The motion prevailed.
A privilege resolution by Senator Pilcher of the 19th extending the privilege of the floor to Dr. H. B. Cason, of Warrenton, was read and adopted.
Senator Pilcher of the 19th moved that when the Senate adjourn today it stand adjourned until Monday morning, and the motion prevailed.
Senator Overby of the 33rd moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 10 o'clock.

MONDAY, JANUARY 31, 1949

243

Senate Chamber, Atlanta, Georgia. Monday, January 31, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture readi11g and prayer was offered by the chaplain, Rev. W. H. Wages, Baptist Church, Rebecca, Georgia.

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

Ansley

Grayson

Peterson

Ayers

Harris

Pilcher

Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Florence Foster

Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Stark Swint Tarver Turner Ursrey

Gholston

Overby Padgett

Zellner

The following Senators did not answer to their names: Eve, Garrett, Gary, Harrison, Saunders, Smith, Williams, and Wright.

Senator Tarver of the 48th reported that the journal of Friday's proceedings had been examined and found correct.

Senator Davis of the 27th moved that the Senate reconsider its action of yesterday on the passage of the following bill of the House:
HB 174. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens, Ray of Warren and Smith of Emanuel:
A bill to be entitled an act to amend an act empowering the State High-. way Department to contract with counties; to provide that all contracts let by the State Highway Department to counties for road work provide that such work must be done by convict labor and not otherwise; and for other purposes.
On the motion to reconsider, the ayes were 12, nays 17, and the motion was lost.

Senator McCoy of the 4th moved that the Senate reconsider its action of yesterday on the passage of the following bill of the House:
HB 139. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick, and for other purposes.

JOURNAL OF THE SENATE,
On the motion to reconsider, the ayes were 31, nays 0, and the motion prevailed.
By unanimous consent the reading of the journal was dispensed with, and the jc:iurna1 was confirmed.
Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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.
The following bills of the Senate were introduced, read the first time and referred to committees : SB 77. By Senator Padgett of the 6th:
A bill to license and regulate the practice of naturopathic medicine; to provide a Board of Examiners; to define naturopathic medicine; and for other purposes. Referred to the Committee on Public Health.
SB 78. By Senator LeCraw of the 52nd: A bill to extend the city limits of the City of Atlanta to include Centravilla subdivision along Anchor Terrace and Avon Avenue in lots 29 and 30 of block E ; and for other purposes.
Referred to the Committee on Municipal Government.
SB 79. By Senator McCoy of the 4th: A bill to require premarital examinations for syphilis; and for other purposes.
Referred to the Committee on Public Health.
SB 80. By Senators Land of the 24th and Overby of the 33rd: A bill to provide that the owner or operator of a visual or sound radio broadcasting station shall not be liable for defamatory statements made by one other than the owner or agents; to provide that no owner shall be held liable for defamatory statements made by one on behalf of a candidate for public office; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 31, 1949

245

HB 69. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to reenact the charter of the City of Macon; to set up and establish a pension fund for policemen and firemen of the City of Macon; and for other purposes.
Referred to the Committee on Municipal Government.

HB 84. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend an act to reenact the charter of the City of Macon; to provide for the pensions and retirement of certain officers and employees of the City of Macon; and for other purposes.
Referred to the Committee on Municipal Government.

HB 192. By Messrs. Hale of Dade, Buie of Camden and Greer of Lanier:
A bill to provide in counties having a population of not less than 5,500 nor more than 6,000 that the clerk of Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of all traffic laws of the State of Georgia in said counties; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 207. By Messrs. Vickers and Ellis of Coffee:
A bill to amend an act establishing the City Court of Douglas in and for the County of Coffee; to provide for an increase in the salary of the judge of City Court of Douglas; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 216. By Mr. Aultman of Houston:
A bill to provide for holding three terms of the Superior Court of Houston County; to prescribe a time for holding such terms; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 235. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act providing for the fee for legal advertisement, to provide that counties having a city therein with a population greater than 200,000 shall charge a rate of $1.25 for each insertion of the legal ad for the first four insertions; and for other purposes.
Referred to the Committee on General Judiciary.

HB 267. By Messrs. Gowen and Nightingale of Glynn:
A bill to preserve for posterity certain portions of the 'Marshes of Glynn" as a memorial to Georgia's immortal Sidney Lanier; and for other purposes.
Referred to Committee on Conservation.

246

JOURNAL OF THE SENATE,

HB 270. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act creating a Municipal Court of Atlanta, to allow justices of peace outside jurisdiction of said court; and for other purposes.
Referred to the Committee on Municipal Government.

HB 283. By Messrs. Willingham and Reed of Cobb:
A bill to change the compensation of the clerk of the Superior Court, the sheriff and the ordinary of Cobb County from the fee system to the salary system; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 284. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a Commissioner of Roads and Revenues for Cobb County, to provide for the election of same; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 285. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb County; to authorize the County Commissioner of DeKalb County to establish rules and regulations to establish a pension board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 290. By Messrs. Hubert, McWhorter and Howard of DeKalb:
A bill to amend an act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Housley of the 32nd 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 36.
SB 38.
SB 70.
SB 43.
SB 48.

MONDAY, JANUARY 31, 1949

247

SB 58. SB 67. SB 71. SR 21. SR 29. SR 30.

Respectfully submitted, Housley of 32nd District, Chairman

Mr. Ayers of the 13th 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 256. Do Pass as amended.
HB 111. Do Pass. Respectfully submitted,
Ayers of 13th District,
Chairman

Mr. Ayers of the 13th 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 75. Do Pass. SB 74. Do Pass. SB 73. Do Pass. HB 145. Do Pass. HB 178. Do Pass. HB 185. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

248

JOURNAL OF THE SENATE,

Mr. McCoy of the 4th 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
bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendation:
HB 3. Do Pass. Respectfully submitted,
McCoy of 4th District,
Chairman

Mr. Housley of the 32nd 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 Governor :

SB 4. SB 15. SR 26. SR 27. SR 28.

Respectfully submitted, Housley of 32nd 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 and resolutions of the House and Senate to wit:
HB 69. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act approved August 3, 1927, entitled an act to reenact the charter of the City of Macon; and for other purposes.
HB 84. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill to amend an act approved August 3, 1927, entitled to reenact the charter of the City of Macon; to provide for the pension and retirement of certain officers; and for other purposes.

MONDAY, JANUARY 31, 1949

249

HB 192. By Messrs. Hale of Dade, Buie of Camden, and Greer of Lanier:
A bill to provide that in all counties with a certain population, the clerk of the Superior Court shall be clerk of the Court of Ordinary in all cases of traffic violation; and for other purposes.

HB 207. By Messrs. Vickers and Ellis of Coffee:
A bill to amend an act establishing the City Court of Douglas; and for other purposes.

HB 216. By Mr. Aultman of Houston:
A bill to provide for holding three terms of the Superior Court of Houston County; and for other purposes.

HB 235. By Messrs. Alverson, Smith, and Walton of Fulton:
A bill to amend the code section 39-1105 providing for the fee for legal advertisement; and for other purposes.

HB 267. By Messrs. Gowen and Nightingale of Glynn:
A bill to preserve for posterity certain portions of the Marshes of Glynn; and for other purposes.

HB 270. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 20, 1913, creating a municipal court of Atlanta; and for other purposes.

HB 283. By Messrs. Willingham and Reed of Cobb: A bill to change the compensation of the clerk of the Superior Court, the sheriff, and the ordinary of Cobb County; and for other purposes.
HB 284. By Messrs. Willingham and Reed of Cobb: A bill to amend an act approved August 7, 1924, known as "An act to create a Commissioner of Roads and Revenue for Cobb County; and for other purposes.
HB 285. By Messrs. McWhorter, Howard and Hubert of DeKalb: A bill to create a system of pensions and retirement pay for officers and employees of DeKalb County; and for other purposes.
HB 290. By Messrs. Hubert, McWhorter and Howard of DeKalb: A bill to amend an act creating the office of Commissioners of Roads and Revenues of DeKalb County; and for other purposes.

HR 51. By Messrs. Howard of DeKalb and Byrd of Taylor:
A resolution to provide compensation for W. R. Buice, assistant director of parks.

250

JOURNAL OF THE SENATE,

HR 61. By Mrs. Blitch of Clinch:
A resolution that the sincere thanks of all members to be extended to the fine department store, Rich's, and to Dr. and Mrs. Paty; and for other purposes.

SR 20. By Senator Pilcher of the 19th:
A resolution extending congratulations and appreciation of the General Assembly to the Atlanta Journal; and for other purposes.

SR 22. By Senator Overby of the 33rd:
A resolution providing memoralization of the national guard, ground and air, and it is now organized under the militia clauses of the constitution by Congress and the President of the United States; and for other purposes.

SR 25. By Senator Cochran of the 7th and others:
A resolution requesting that the representatives and senators in Congress introduce legislation to afford adequate and proper consideration to World War veterans in the allocation of cotton and wheat acreage allotments; and for other purposes.

SR 26. By Senator Starke of the 35th:
A resolution that certain employees who rendered services to the State of Georgia be paid for their services and expenses.

SR 27. By Senator Dykes of the 14th:
A resolution approving for payment the salaries of the Governor's office for 67 days in the year 1947 and directing the State Treasurer and State Auditor to pay the same.

SR 28.
A resolution providing for a person who rendered services to the state for 67 days and who has not been paid for said services, shall be authorized to receive salary.

The following bills of the Senate and House, favorably reported, were read the second time:
SB 73. By Senator Grayson of the 1st:
A bill to establish a Recorder's Court of Chatham County; defining its jurisdiction; prescribing a salary for the judge and clerk thereof; to provide for fines and sentences and appeals therefrom; and for other purposes.

SB 74. By Senator Coleman of the 16th:
A bill to fix the salary of the treasurer of Laurens County at $1,800.00 per year instead of $1,000.00 per year; and for other purposes.

MONDAY, JANUARY 31, 1949

251

SB 75. By Senator Coleman of the 16th:
A bill to raise the salary of the County Commissioners of Laurens County to $100.00 per month and to prohibit them from employing relatives within a certain degree of relationship; and for other purposes.

HB 3.

By Messrs. Hand and Twitty of Mitchell:
A bill to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers; to designate the State Board of Health as the agency to administer such grants; and for other purposes.

HB 111. By Mr. McGarity of Henry:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Henry County; and for other purposes.

HB 145. By Messrs. Hood, McGee and Page of Chatham:
A bill to amend an act to create and organize commissioners of Chatham County; and for other purposes.

HB 185. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act establishing the Municipal Court for the City of Macon; and for other purposes.

HB 256. By Mr. Meeks of Union:
A bill to abolish the offices of tax collector and tax receiver of Union County; and for other purposes.

HB 178. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Richmond County; and for other purposes.

The following local bill of the Senate was read the third time and put upon its passage :
SB 72. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill to amend the charter of the City of Atlanta; to provide that members of the police department shall retire at the age of 65; to grant Rich's, Inc., the right to erect overhead passageway across Forsyth Street; that the mayor shall negotiate all contracts for concessions in city buildings and city property; that the city may insure the lives of all members of the fire department; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
By inserting in line 8 of section 9 of said bill after the word "and" the following: "confirmed or rejected by the council", so that, as amended, said section shall read as follows:
SECTION 9. There is hereby created the position of deputy recorder in the Recorder's Court of the City of Atlanta. He shall serve as senior

252

JOURNAL OF THE SENATE,

clerk of both divisions of the Recorders' Court and shall have power to act as recorder in the absence or disqualification of either of the recorders. In the absence of both recorders and deputy recorders, the mayor shall designate some competent person to preside in either or both divisions. The deputy recorder shall be appointed by the mayor and confirmed or rejected by the council and shall serve for a term of four (4) years. The first term shall begin on March 1, 1946. The deputy recorder herein provided for shall be a licensed attorney at law, admitted to practice in the Superior Courts of this state.
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.
The following local bills of the House were read the third time and put upon their passage:

HB 74:._ By Messrs. Chastain of Thomas and Willis of Thomas:
A bill to amend an act to reincorporate the Town of Thomasville so as to provide for a retirement plan for the city employees of the City of Thomasville; and for other purposes.
The report 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 75. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville so as to provide for a retirement plan for the city employees of the City of Thomasville; and for other purposes.
The report 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 144. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 31, 1949

253

HB 151. By Mr. Mathews of Peach:
A bill to amend an act granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and City Council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 157. By Mr. Walker of Telfair:
A bill to amend an act to create a new charter for the Town of Lumber 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 158. By Mr. Hall of Toombs:
A bill to amend an act to create a new charter for the City of Vidalia; to extend the territorial limits of the City of Vidalia; and for other purposes.
The report 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 177. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend the charter of the City of Au.gusta so as to provide that all registered and qualified voters who reside within the City of Augusta as appears upon the voters' list of Richmond County shall be deemed to be registered and qualified to vote in all elections held by 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 163. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Marietta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

254

JOURNAL OF THE SENATE,

HB 183. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize, ratify and confirm action of the mayor and Board of Aldermen of the City of Macon abandoning and closing portion of an alley in square 89 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 198. By Mr. Adams of Evans:
A bill to amend an act incorporating the City of Claxton; fixing salaries and terms of offices of the mayor and councilmen ; fixing salaries of clerk, marshal, attorney and other officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 184. By Messrs. Chastain and Willis of Thomas:
A bill to amend an act establishing a system of public schools in the City of Thomasville, in the County of Thomas; and for other purposes.
The report 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.

A privileged resolution by Senator Land of the 24th extending the privileges of the floor to Hon. J. Robert Elliott, former member of the General Assembly and present Democratic national committeeman from Georgia, was read and adopted.
The following general bill of Senate and House were read the third time and put upon their passage:
SB 36. By Senator Ursrey of the 54th:
A bill to provide the opening date for tobacco warehouses, for the selling season shall be August 1st of each year; the selling week shall be five days; that the warehouse shall remain open for 26 selling days; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Ursrey of the 54th called for the ayes and nays, and the call was sustained.

MONDAY, JANUARY 31, 1949

255

The roll call was as follows :

Those voting in the affirmative were Senators:

Boyett Brooks Bryant Clary Cochran Davis Dykes Florence Foster Gholston

Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason McCoy

Those voting in the negative were Senators:

Daniel Peterson

Purdom Sims

Newton Overby Padgett Pilcher Pittman Rich Roddenberry Tarver Ursrey Zellner
Swint

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 30, nays 5. The bill, having received the requisite constitutional majority, was passed.

SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the code of 1933 and to substitute a new section 59-705; to provide in all civil causes it shall be good cause of challenge that a juror has expressed an opinion or wish as to which party ought to prevail; to provide for individual examination of the panel of jurors without interposing any challenge; and for other purposes.
Senator Foster of the 40th moved that SB 40 be postponed for further action until February 3, and the motion prevailed.

SB 70. By Senators LeCraw of the 52nd and Roddenberry of the 3rd:
A bill to provide that income tax returns of men and women serving in the armed forces between January 1, 1941, and the termination of World War II shall be allowed a deduction from gross income for any year of an amount not to exceed $1,500 in addition to all other deductions allowed by law; and to appropriate $50,000 to pay refunds; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend SB 70 by striking from the caption thereof the following words:
"to appropriate fifty thousand dollars ($50,000.00) out of which to pay said refunds";
and to further amend SB 70 by striking from section 1 thereof, the

256

JOURNAL OF THE SENATE,

word "thousand" which is between the word "fifteen" and the word "dollars", and substitute in lieu thereof, the word "hundred";
and to further amend SB 70 by striking in its entirety section 3 which section provides for an appropriation out of which to pay refunds; and to further amend SB 70 by renumbering section 4 so that it will now be numbered section 3;
and to further amend SB 70 by renumbering section 5 so that it will now be numbered section 4.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 33. By Mr. Gross of Stephens:
A bill to amend an act relating to the conversion of national bank into state bank; and for other purposes.
Senator Clary of the 29th moved that further action of HB 33 be postponed until February 2, and the motion prevailed.

HB 37. By Mr. Griggs of Habersham:
A bill to amend an act relating to the examination by and certificate of the Superintendent of Banks as to his approval or disapproval of application for bank 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 38. By Mr. Griggs of Habersham:
A bill to amend an act relating to the investment by guardians of the funds of their wards in bonds or other securities issued by this state and in bonds or other obligations issued by the U. S. Government, or bonds of certain corporations which are guaranteed by the U. S. Government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 88. By Mr. Nightingale of Glynn: A bill to repeal "An act to authorize municipalities to, by ordinance

MONDAY, JANUARY 31, 1949

257

annex territory to be included within its limits upon the unanimous applcation in writing of owners of the land affected".

Senator Overby of the 33rd offered the following amendment:
Amend HB 88 by adding the following words in the title thereof: "And thereafter and hereafter adopted; and for other purposes", at the end of said title, and substituting a comma for a period after the :figures "1946" at the end of said title.
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.

A privileged resolution by Senator Pittman of the 42nd extending privileges of the floor to Hon. Elbert Forrester, a former member of the Senate, was read and adopted.
HR 10. By Mr. Cook of Chattooga:
A resolution to request a full and complete legal investigation by the Attorney General of the emptying into the Chattooga River of certain waste matters, including dyes, caustics and various chemicals by the Riegel Textile Corporation in Chattooga County; and for other purposes.
Senator Pittman of the 42nd moved that further consideration on HR 10 be postponed until February 8, and the motion prevailed.

The fol.lowing resolution of the House was read: HR 51. By Messrs. Howard of DeKalb and Byrd of Taylor:
A resolution to provide compensation for W. R. Buice, assistant director of parks; and for other purposes. On the adoption of the resolution, the ayes were 28, nays 2. The resolution was adopted. The following resolution of the House was read and adopted:

HR 61. By Mrs. Blitch of Clinch:
A resolution that the sincere thanks of all members, to be extended to the fine department store, Rich's, and to Dr. and Mrs. Paty; and for other purposes.
Senator Pilcher of the 19th moved that the Senate stand adjourned, and the motion prevailed.
The President announced the Senate adjourn until 10 o'clock tomorrow morning.

258

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, February 1, 1949.

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.
Senator Grayson of the 1st asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.

Senator LeCraw of the 52nd moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 72. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill to amend the charter of the City of Atlanta; to provide that members of the police department shall retire at the age of 65; to grant Rich's Inc., the right to erect overhead passageway across Forsyth Street; that the mayor shall negotiate all contracts for concessions in city buildings and city property; that the city may insure the lives of all members of the fire department; and for other purposes.
The motion prevailed and the bill was reconsidered.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
The President presented to the Senate Dr. Harmon Caldwell, chairman of the Board of Regents.

Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills and resolutions. The consent was granted.

Senator Lunsford of the 9th gave notice that at the proper time he would move that the Senate disagree with the adverse report of the Committee on State of Republic, on the following bill of the Senate:

TUESDAY, FEBRUARY 1, 1949

259

SB 41. By Senator Lunsford of the 9th:
A bill to provide for the levy of a maintenance tax for state purposes on motor vehicles operating as rolling stores; and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:

SB 81. By Senator Grayson of the 1st:
A bill to authorize the issuance and sale of investment certificates, to provide for the licensing and examination of issuers of such certificates; to provide who may act as trustees for investment funds; to limit the commission on the sale of investment certificates; and for other purposes.
Referred to Committee on General Judiciary.

SB 82. By Senators Grayson of the 1st and Zellner of the 22nd:
A bill to require all persons on the payroll of the state, its departments and agencies, county and city governments, school districts and boards of education to take a loyalty oath; and for other purposes.
Referred to Committee on State of Republic.
SB 83. By Senator Zellner of the 22nd:
A bill to provide that the Milk Control Board shall have and exercise the powers and duties now imposed by law upon the Commissioner of Agriculture with respect to regulating dairies, dairy products, and the sale and distribution of milk containing powdered milk; and for other purposes.
Referred to Committee on Agriculture.
SB 84. By Senator Padgett of the 6th:
A bill to provide for licensing physical therapy technicians; to define physical therapy; to provide for a board of examiners; to set up qualifications for taking examinations; and for other purposes.
Referred to Committee on Public Health.

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:
HR 12-62a. By Messrs. Greer of Lanier and Smith of Bryan:
A resolution to request the Board of Regents to carry out provisions of an act setting up a state-owned hospital at Augusta, for the University of Georgia Medical School.

260

JOURNAL OF THE SENATE,

HB 64. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien, and others:
A bill to amend section 14-1809.1 of the Code of Georgia so as to provide for permissive holidays for banks and trust companies in all counties of the state without regard to population; and for other purposes.

HB 106. By Mr. Greer of Lanier:
A bill to amend chapter 34-19 of the Code of Georgia of 1933, and all acts amendatory thereto, by providing that the provisions of chapter 34-19 and all amendments thereto shall apply and be operative in every county and municipality of this state; and for other purposes.

HB 171. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Adams of Brantley, Hopkins of Charlton, and others: A bill to provide statewide forest fire protection; for the protection and reforestation of forest land; to define forest lands and forest fires; to repeal conflicting laws; and for other purposes.
HR 28-171a. By Messrs. Gillis of Treutlen, Hopkins of Charlton and others: A resolution that a forest fire emergency committee is hereby created defining the need, purposes, duties, naming the membership and their responsibilities; and for other purposes.
HB 225. By Mr. Hale of Dade: A bill to provide a new charter for the City of Trenton, by consolidating the act of 1935, known as Trenton new charter, approved March 15, 1935; and for other purposes.
HB 228. By Messrs. Johnson and Barton of Hall: A bill to amend an act creating the Gainesville public school system as provided by the acts of the Legislature; and for other purposes.
HB 230. By Mr. Evitt of Catoosa: A bill to amend an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
HB 244. By Messrs. Gillis of Treutlen, Adams of Wheeler and others: A bill to abolish the Department of Forestry, the State Division of Conservation, the office of ex-officio commissioner of Conservation, insofar as they pertain to Department of Forestry; and for other purposes.
HB 250. By Messrs. Myers and Pearlman of Sumner, Holloway of Schley and others: A bill to amend an act approved August 18, 1917, entitled, "An act to abolish the fee system now existing in the superior courts of the Southwestern judicial circuit; and for other purposes.

TUESDAY, FEBRUARY 1, 1949

261

HB 259. By Mr. Butler of Lamar:
A bill to amend an act approved August 22, 1907, entitled "An act to authorize the City of Barnesville to establish and maintain a system of public schools by local taxation; and for other purposes.

HB 262. By Messrs. Willingham of Cobb, Smith of Emanuel, Tuten of Bacon, and others:
A bill amending sections 114-704 and 114-716 of the Code of 1933 providing that the employers first report of injury and other reports may be admissible evidence on behalf of employees in any proceeding held before the State Board of Workmen's Compensation; and for other purposes.

HB 265. By Messrs. Johnson and Barton of Hall:
A bill to amend the charter of the City of Gainesville as provided by the acts of the Legislature, pertaining to insurance covering the employees of said city; and for other purposes.

HB 278. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, in DeKalb County; and for other purposes.

HB 280. By Messrs. Johnson and Barton of Hall :
A bill to amend the charter of the City of Gainesville as provided by the acts of the Legislature, Georgia Laws 1922, page 834; and for other purposes.

HB 313. By Mr. Sheffield of Brooks:
A bill to-authorize and empower, direct and require the Board of City Commissioners of Quitman, Ga., to provide an ad valorem tax on all real and personal property within the corporate limits of said City of Quitman of two mills for the years 1949 and 1950 only, in addition to all of the tax now provided by law; and for other purposes.

HB 321. By Mr. Bennett of Barrow:
A bill to create a new charter of the Town of Auburn, Barrow County; and for other purposes.

SB 4.

By Senator Pilcher of the 19th:
A bill to amend the charter of Warrenton, to wit: The act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and various amendatory acts thereof; and for other purposes.

SB 15. By Senator Pilcher of the 19th:
A bill to amend an act entitled an act incorporating the Town of Warrenton, approved December 12, 1859, and various amendatory acts thereof, and the amendment thereto; and for other purposes.

262

JOURNAL OF THE SENATE,

SB 33. By Senator Zellner of the 22nd:
A bill to amend the act of the General Assembly approved March 30, 1937, entitled an act to declare an emergency concerning the production, distribution and sale of milk; and for other purposes.

SB 50. 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; and for other purposes.

SB 51. By Senator Grayson of the 1st:
A bill repealing that certain amendment to the charter of the mayor and aldermen of the City ofSavannah approved February 8, 1945, creating a Savannah Airport Commission; and for other purposes.
SB 52. By Senator Grayson of the 1st:
A bill repealing the amendment to the charter of the mayor and aldermen of the City of Savnanah approved February 8, 1945, creating an Industrial and Domestic Water Supply Commission; and for other purposes.

SB 53. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah creating and extending the Industrial and Domestic Water Supply Commission; repealing all laws in conflict therewith; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to wit:
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Cochran of the 7th and Grayson of the 1st:
A bill to abolish the Agricultural Development Board of Georgia ; to create within the Executive Department a Department of Commerce and Agriculture; to establish for the operation of said Department of Commerce and Agriculture a board of commissioners; and for other purposes.
The House has agreed to Senate amendment to the following bills of the House, to wit:
HB 110. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Mountain View; to describe and define the corporate limits; and for other purposes.
HB 137. By Mr. Kemp of Clayton:
A bill to amend an act to create a commissioner of roads and revenues of Clayton County, to fix his compensation and provide his expense account; and for other purposes.

TUESDAY, FEBRUARY 1, 1949

263

Mr. LeCraw of the 52nd District, chairman of the Committee on Veteran Affairs, submitted the following report:

Mr. President:
Your Committee on Veteran Affairs 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 Pass.

Respectfully submitted, LeCraw of 52nd District, Chairman

Mr. Overby of the 33rd 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 41. Do Not Pass. HR 19-100A. Do Pass as amended. SB 68. Do Pass. SB 35. Do Pass as amended.
Respectfully submitted, Overby of 33rd District, Chairman

Mr. Higginbotham of the 31st 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 78. Do Pass. HB 69. Do Pass. HB 84. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

264

JOURNAL OF THE SENATE,

Mr. Starke of the 35th District, chairman of the Committee on Game and Fish, submitted the following report:

Mr. President: Your Committee on Game and Fish has had under consideration the fol-
lowing bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 12. Do Pass.
SB 13. Do Pass. Respectfully submitted, Starke of 35th District,
Chairman

Mr. Williams of the 20th 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 114. Do Pass. Respectfully submitted,
Williams of 20th District,
Chairman

Senator Housley of the 32nd 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 17.
SB 66.
SB 73.
SB 74. SB 75. SB 78.
Respectfully submitted, Housley of 32nd District, Chairman

TUESDAY, FEBRUARY 1, 1949

265

Senator Housley of the 32nd District, chairman of the Committee on Engrossing and Enrolling, submitted the following report:

Mr. President:
Your Committee on Eng~ossing 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 Governor:

SB 33. SB 14. SB 60.

Respectfully submitted, Housley of 32nd District, Chairman

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

SB 12. By Senator Purdom of the 46th:
A bill to prohibit the use of traps, poisons, drugs, etc., for hunting wild game; to define night hunting; to provide penalties; and for other purposes.

SB 15. By Senator Purdom of the 46th:
A bill to require permission to hunt game on lands of another; to prescribe penalties; and for other purposes.

SB 35. By Senators Roddenberry of the 3rd, Housley of the 32nd, Ursrey of the 54th, McCoy of the 4th, Overby of the 33rd, Purdom of the 46th, Grayson of the 1st, Foster of the 40th, and Dykes of the 14th:
A bill to fix the mileage paid to officers and employees of various departments, boards and bureaus when traveling in the service of the state at a uniform rate of .08 per mile; and for other purposes.

SB 68. By Senator Grayson of the 1st:
A bill to create the Savannah-Chatham County Historic Site and Monument Commission; to prescribe their powers; and for other purposes.

SB 78. By Senator LeCraw of the 52nd:
A bill to extend the city limits of the City of Atlanta to include Centravilla sub-division along Anchor Terrace and Avon Avenue in lots 29 and 30 of block E; and for other purposes.

266

JOURNAL OF THE SENATE,

HB 10. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon, Lewis of Hancock and Smith of Emanuel:
A bill to repeal an act to establish a veterans educational council; and for other purposes.

HB 69. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to re-enact the charter of the City of Macon; to set up and establish a pension fund for policemen and firemen of the City of Macon; and for other purposes.

HB 84. By Messrs. Trice, Miller 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, to provide for the penalties and retirement of certain officers; and for other purposes.

HB 114. By Messrs. Terrell of Floyd, Gross of Stephens and Cowart of Calhoun:

A bill to amend an act relating to the establishment of a factory for blind persons ; and for other purposes.

HR 19-lOOa. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Gross of Stephens and Smith of Emanuel:
A resolution establishing authority of the Governor, State Highway Director and Attorney General to execute agreements with U. S. Government concerning highway rights of way through dams and reservoirs built by U. S. government; and for other purposes.

The following resolution was read and adopted: By Senator Grayson of the 1st:

A RESOLUTION
WHEREAS, in the Savannah Morning News of Sunday, January 30, 1949, there appeared an article from Jacksonville, Florida, to the effect that the Jacksonville Tourist and Convention Bureau has adopted the practice of advising motoring tourists to avoid motoring through Georgia because of speed traps in the State of Georgia, and
WHEREAS, such a charge by the Jacksonville Tourist and Convention Bureau about alleged speed traps will have a disastrous effect in the State of Georgia and will give to us publicity which will directly and adversely affect the business of our hotels, restaurants, filling stations and numerous other businesses, and
WHEREAS, this type of publicity is not appreciated by the people the State of Georgia, and
WHEREAS, on January 12, 1949, Major George B. Wilson, Director of the Department of Public Safety, under which the Georgia State Highway Patrol operates, had already taken cognizance of the alleged complaints and on that date, January 12, 1949, issued the following order:
"This is to advise all members of the Uniform Division of the De-

TUESDAY, FEBRUARY 1, 1949

267

partment of Public Safety that hiding for the purpose of apprehending traffic law violators is strictly forbidden.
"A marked patrol car which cannot be seen from both directions less than 300 yards will be considered hiding. "Any member caught violating this order will be dismissed immediately."
and
WHEREAS, it is the opinion of the Senate of the State of Georgia that since the issuance of this order by Major George W. Wilson that if there has ever been any cause for complaii\_t before this order, that thereafter there will be no just cause for complaint, and
WHEREAS, the Senate believes that motorists touring the State of Georgia will be only subjected to fair and courteous treatment,
THEREFORE, BE IT RESOLVED by the Senate that Major George W. Wilson be commended for his action and that the State Highway Patrol be urged to cooperate in every way with the letter and the spirit of this order, and
BE IT FURTHER RESOLVED that the Senate of the State of Georgia through its Secretary send a copy of this Resolution to the Jack, sonville Tourist and Convention Bureau with the unanimous thought of the State Senate directing the Jacksonville Tourist and Convention Bureau to the idea that we in Georgia do not appreciate such unfavorable publicity which has been clearly intended to divert business from Georgia, and
BE IT FURTHER RESOLVED that it is the hope of the State Senate that this resolution will receive publicity throughout the country in order that every traveling motorist will know that despite the charges made that every effort will be made in Georgia to conduct motorists safely through our State with a minimum of hazard and with every courtesy that can possibly be extended to persons traveling through our State who shall respect our laws.

A resolution by Senator Purdom of the 46th granting privileges of the floor to Honorable C. C. O'Neal of Blackshear was read and adopted.

The following local bills of the House were read the third time and put upon their passage :
SB 73. By Senator Grayson of 1st:
A bill to establish a recorder's court in Chatham County; defining its jurisdiction; prescribing a salary for the judge and clerk thereof; to provide for fines and sentences and appeals therefrom; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

268

JOURNAL OF THE SENATE,

SB 74. By Senator Coleman of the 16th:
A bill to fix the salary of the treasurer of Laurens County at $1,800.00 per year instead of $1,000.00; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 75. By Senator Coleman of the 16th:
A bill to raise the salary of the county commissioners of Laurens County to $100.00 per month and to prohibit them from employing relatives within a certain degree of relationship; and for other purposes.
The report 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 111. By Mr. McGarity of Henry:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Henry County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 139. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
Senator McCoy of the 4th offered the following amendment:
Amend HB 139 by striking section 12 in its entirety and substituting a new section to read as follows:
Section 12. That from and after the passage of this act that section one of the act approved February 11, 1937, entitled an act to amend the charter of the City of Brunswick; and for other purposes (Ga. Laws 1937, pages 1517-1519), be stricken and in lieu thereof the following enacted: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to wit: The northern boundary line shall begin at the intersection of a certain creek called Dart's Narrows, or cut, and the waters of Back River, and shall run thence due west and along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September 1896 by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boun-

TUESDAY, FEBRUARY 1, 1949

269

dary line of the corporate limits of said city to the point where said line intersects the easterly line of Hampton Avenue (as shown on the map of Goodyear Park Subdivision made by Smith and Gillespie, and approved by the City Planning Board and a Commission of the City of Brunswick), and running thence northerly along said easterly line of Hampton Street to the northerly line of Fourth Street, thence running westerly along said northerly line of Fourth Street to the westerly line of North Cleburn Avenue; thence running southerly along said westerly line of North Cleburn Avenue to its point of intersection with the said Wylly-Meader true northern boundary line of the corporate limits of said city; thence running due west along said true northern boundary line to the point where said line intersects the western line of the right-of-way of the Atlantic Coast Line Railroad Company; thence northerly along said right-of-way line to the southern side of Seventh Street; thence westerly along the southern side of Seventh Street and as said line is prolonged westerly to the center line of the Brunswick and Altamaha Canal; thence south and along the center line of said canal to the point where center line of said canal would be intersected by the northern line of Second Street if prolonged westerly; thence south 72 degrees, 37 minutes, 26 seconds west to the channel of Turtle River; thence southwardly and eastwardly along the channel of said Turtle River and the south line of the channel of St. Simons Sound to the outer sea buoy in the open sea; thence westerly along the northern line of the channel of St. Simons Sound to the mouth of said Back River; then up said river to the point or place of beginning.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 145. By Messrs. Hood, McGee and Page of Chatham:
A bill to amend an act to create and organize commissioners 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 178. By Messrs. Bell, Coleman and Cohen of Richmond: A bill to amend 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

270

JOURNAL OF THE SENATE,

HB 185. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act establishing the Municipal Court for the City of Macon ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 256. By Mr. Meeks of Union:
A bill to abolish the offices of tax collector and tax receiver of Union County; and for other purposes.

Senator Foster of the 40th offered the following amendment:
Amend by striking from the bill the words "tax director" wherever they appear in the bill and substitute therefor the words "tax commissioner (director of taxes)."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The President presented to the Senate Hon. Lyell T. Beggs, Commander-inChief, Veterans of Foreign Wars of the United States, and His Excellency, Governor Herman Talmadge. Commander Beggs addressed the Senate briefly.
Senator Purdom of the 46th asked unanimous consent that the Senate recess today from 12 :30 until 2 o'clock, and 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 substitute to the following bill of the House, to wit:
HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon, Briscoe of Walton, and others :
A bill to amend an act creating the Department of Public Safety, creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.
The following general bills of the Senate and House were read the third time and put upon their passage:
SB 66. By Senators Garrett of the 53rd, Saunders of the 25th, Mason of the 28th, and others :

TUESDAY, FEBRUARY 1, 1949

271

A bill to abolish the Department of Forestry and to create a State Foroestry Commission, a director, and to provide for their appointment, tenure, compensation, powers and duties; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:
Amend SB 66 as follows:
After the word "commission" in the seventh line of section 8 a new sentence is added to read: The salary of said director shall not exceed $6,000 per year.
On the adoption of the amendment, the ayes were 34, nays 4, 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 17. By Senators Wright of the 5th, Blalock of the 36th, Purdom of the 46th, and McCoy of the 4th:
A bill to provide statewide forest fire protection for the protection and reforestation of forest lands; to define forest lands and forest fires; and for other purposes.
The report 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 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell, and others:
A bill to make general appropriations for the operation of the state government; and for other purposes.
Senator Purdom of the 46th asked unanimous consent that the bill be considered section by section, and the consent was granted.
Sections 1, 2, 3, 4, 5, 6, and 7 were adopted.
Section 8 was read.
The Committee on Appropriations offered the following amendment:
Amend HB 116, section 8, subsection (a) by adding at the end of said section, following the present proviso, the following proviso to read as follows:
"Provided further, if the General Assembly by resolution declares that the athletic associations are not state agencies, the words "including athletic funds" in the preceding proviso shall be null and void."
The amendment was adopted.

272

JOURNAL OF THE SENATE,

Section 8 was adopted as amended. Section 9 was adopted. Section 10 was read.

The Committee on Appropriations offered the following amendment:
Amend HB 116, section 10, subsection (c) by adding after the subsection the following proviso to read as follows:
"Provided, that 50% of the State and Federal funds available for construction of secondary highways, farm to market roads, rural post roads and school bus routes shall be distributed and expended on rural post roads and farm to market roads as defined in Act of the General Assembly approved March 18, 1937 (Ga. Laws 1937, pages 912-918), and 50% of the funds available shall be distributed and expended on the construction of secondary roads on the State Highway System."
The amendment was adopted.
Section 10 was adopted as amended.
Sections 11, 12, 13, 14, 15, 16, 17, and 18 were adopted.
The President announced the Senate recessed until 2 o'clock.
The Senate reconvened at 2 o'clock and resumed the regular order of business.
Senator Cochran of the 7th asked unanimous consent that the Senate reconsider its action in adopting section 10 (d), and the consent was granted.
Senator Cochran of the 7th offered the following amendment to section 10 (d):
Amend section 10 (d) by striking $5,00,0,000.00 and inserting in lieu thereof $4,700,000.00.
The amendment was adopted.
Section 10 was adopted as amended.
Senator Pittman of the 42nd asked unanimous consent that the Senate reconsider its action on adopting section 12, and the consent was granted.
Senator Pittman of the 42nd offered the following amendment to section 12:
Amend section 10 (d) by striking $5,000,000.00 and inserting in lieu said section and the figures $750,000.00 are substituted therefor."
The amendment was adopted.
Section 12 was adopted as amended.
Section 19 was read.
Senator Cochran of the 7th offered the following amendment:
Amend section 19, subsection (a), by striking $4,930,000 and substituting in lieu thereof $5,430,000.00 and adding the following proviso: "The sum of $500,000.00 shall be available to Milledgeville State Hospital as additional operating funds."

TUESDAY, FEBRUARY 1, 1949

273

The amendment was adopted. Section 19 was adopted as amended. Section 20 was adopted. Section 21 was read.

Senator Tarver of the 48th offered the following amendment:
Amend section 21 (b) by striking the figure $250,000.00 and inserting in lieu thereof $500,000.00.
On the adoption of the amendment, the ayes were 26, nays 7, and the amendment was adopted.
Section 21 was adopted as amended.
Sections 22, 23, 24, and 25 were adopted.
Section 26 was read.

The Committee on Appropriations offered the following amendment: Amend HB 116, section 26, by inserting after the word "division" in the last line the words "and the liquefied petroleum safety act."
The amendment was adopted. Section 26 was adopted as amended. Section 27 was read and adopted. Section 28 was read.

The Committee on Appropriations offered the following amendment:
Amend HB 116, subsection (e), by adding after the subsection a proviso to read as follows: ,"Provided that of this appropriations an amount of not less than $50,000.00 shall be expended each year in the development of the Kolomoki State Park and Indian Mounds."
The amendment was adopted.
Section 28 was adopted as amended.
Sections 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42 were adopted.
Senator Garrett of the 53rd moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

274

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, February 2, 1949

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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gholston

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Massey McCoy Newton Overby Padgett Peterson Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Zellner

The following Senators did not answer to their names: Gary, Harrison, LeCraw, and Wright.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.

Senator Lunsford of the 9th moved that the Senate disagree with the report of the Committee on State of Republic which was adverse to the passage of the following bill :

SB 41. By Senator Lunsford of the 9th:
A bill to provide for the levy of a maintenance tax for state purposes on motor vehicles operated as rolling stores; and for other purposes.
On the motion to disagree, the ayes were 20, nays 23, and the bill was placed at the foot of the calendar.
Senator Pilcher of the 19th asked unanimous consent that the reading of the journal be dispensed with.
The consent was granted and the journal was confirmed.
Senator Stark of the 35th asked unanimous consent that the following bill be withdrawn from the Committee on Finance and recommitted to the Committee on General Judiciary :

WEDNESDAY, FEBRUARY 2, 1949

275

SB 44. By Senators Stark of the 35th, Purdom of the 46th, Dykes of the 14th, Foster of the 40th, and Overby of the 33rd: A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes ; to protect and stabilize the collection of taxes on the sale of cigarettes ; and for other purposes.
The consent was granted. Senator Pilcher of the 19th 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 bills and resolutions, favorably reported by the committees. 5. Third reading and passage of uncontested local bills and resolutions. 6. Third reading and passage of general bills and resolutions. The consent was granted.
The following resolution was read and adopted:

A RESOLUTION
By Senator Davis of the 27th:
Whereas, the Honorable Sam T. Wright, Senator from the Fifth District, is ill at his home in Waycross, Georgia; and
Whereas, this body has missed the aid, presence and assistance of Senator Wright in carrying on the state's business;
NOW THEREFORE, BE IT RESOLVED: That we, the State Senate in session assembled, express our wish and desire that he have a complete and speedy recovery, and look forward to his early return to his work with this honorable body.
The following resolution was read and adopted:
By Senator LeCraw of the 52nd:
A RESOLUTION Whereas, Lyall T. Beggs, Commander-in-Chief, Veterans of Foreign Wars of the United States, has appeared today before our body, and
Whereas, the V. F. W., an organization of Americans who have served our country in foreign lands and skies and on foreign waters in war-time in all parts of the world, and
Whereas, the V. F. W. is presently observing the 50th anniversary of its founding, and
Whereas, many citizens of our state, including Governor Talmadge, Lieut. Governor Griffin, and many in our State Senate and State House of

276

JOURNAL OF THE SENATE,

Representatives, are members of this unique patriotic organization, which among other things fosters and promotes Americanism and service to our country, state and respective communities also in peace-time; now therefore
Be It Resolved: That the Georgia State Senate greatly appreciates the visit of Commander-in-Chief Lyall T. Beggs and extends through him to the Veterans of Foreign Wars everywhere, fraternal greetings of comradeship and heartiest best wishes and congratulations from the Empire State of the South upon the occasion of the 50th anniversary of the V. F. W.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 1. By Senators Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, and others:
A bill to be entitled an act to abolish the Agricultural and Development Board; to create within the Executive Department a Department of Commerce; to provide a board of commissioners for the operation of said department and to provide for the appointment and terms of office of chairman and members of the board; to provide for the appointment of a secretary of the board, his term of office, compensation and duties; to provide for employment of assistants and agents for aid and counsel; to provide for the payment of expenses of the board; and for other purposes.
The House amendments were as follows:
By Mr. McCracken of Jefferson:
Amend SB 1 by striking wherever they appear the words, "and agriculture," when amended so the name of the department will read "Department of Commerce."
The amendment was agreed to.

By Mr. Nightingale of Glynn:
Amend SB 1 by striking from section 8 thereof the last sentence of said section, reading as follows: "That said board shall not employ or have employed more than five (5) full time employees at any one time."
The amendment was agreed to.

The following bill was taken up for the purpose of considering House action thereto:
HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon and Briscoe of Welch:
A bill to amend an act creating the Department of Public Safety, creating offices and providing for the pay and appointment of incumbents to govern said department.
Senator Pilcher of the 19th moved that the Senate insist on its position in the passage of the bill by substitute, and respectfully asked that a committee of conference be appointed.

WEDNESDAY, FEBRUARY 2, 1949

277

The motion prevailed and the President appointed as a, committee of conference on the part <1f the Senate:
Senators Overby of the 33rd, Dykes of the 14th, and Land of the 24th.

The following resolution was read:
SR 31. By Senator Ursrey of the 54th:
Resolved that before any bill is acted upon by a committee, a bill affecting any district that the Senator represents, the Senator representing same shall be requested to appear before the committee, and that any action taken by committee must be after the department head of department involved has been requested to appear in person before committee.
The President referred the resolution to the Committee on Rules.

The following bills and/or resolutions of the Senate were introduced, read the first time and referred to committees:
SB 85. By Senators Rich of the 8th, Blalock of the 36th and Land of the 24th:
A bill to create a Georgia Board of Veterinary Examiners; to define and regulate the practice of veterinary medicine; to provide for examination and licensing of veterinarians ; and for other purposes.
Referred to Committee on General Judiciary.

SB 86. By Senator Turner of the 34th:
A bill to repeal section 56-1307 of the Code of 1933 and to amend section 56-1308, to prohibit minimum capital stock of health and accident insurance companies of less than $100,000, after January 1, 1952, and to permit them to write ordinary life insurance, and to provide how mutual industrial life, health and accident insurance companies may become stock companies and to require $100,000 capital stock; and for other purposes.
Referred to Committee on Insurance.

SB 87. By Senator Grayson of the 1st:
A bill to amend Code section 95-204 by providing the method of condemning land for the purpose of altering, grading, improving or relocating an old road or establishing a new one; and for other purposes.
Referred to Committee on General Judiciary.

SB 88. By Senator Grayson of the 1st:
A bill to change the name of Armstrong Junior College to Armstrong College of Savannah and provide for three additional ex-officio members of the board; and for other purposes.
Referred to Committee on Municipal Government.

278

JOURNAL OF THE SENATE,

SB 89. By Senator Grayson of the 1st:
A bill to authorize a Savannah River Commission to build, maintain and operate municipally owned river bridges across the Savannah river into the State of South Carolina; to provide the rate or tolls to be charged; and for other purposes.
Referred to Committee on Municipal Government.

SB 90. By Senator Grayson of the 1st:
A bill to amend the laws applicable to the Georgia Real Estate Commission; to provide for a commission of three persons, their qualification, terms of appointment; provide for powers to subpoena witnesses and conduct hearings; to provide for appeals therefrom; and for other purposes.
Referred to Committee on General Judiciary.

SB 91. By Senator Pilcher of the 19th:
A bill to amend the act changing the compensation and expenses of the members of the State Board of Corrections so that they shall receive $10.00 per day in addition to expenses; and for other purposes.
Referred to Committee on State of Republic.

SB 92. By Senator Pilcher of the 19th:
A bill to amend an act approved February 1, 1946, to provide that funds arising from the sale of supplies, materials, farm products, live stock, etc., produced or manufactured by the State Board of Corrections shall be used by the Board of Corrections to cover the cost of materials and expenses; and for other purpo~e~.
Referred to Committee on State of Republic.

SR 32. By Senator Cochran of the 7th:
A resolution to authorize the Board of Education and county commissioners of Thomas County to pay the funeral expenses of Levida Green who was killed by a school bus on the school grounds at Meigs, Georgia.
Referred to Committee on Education and Public Schools.

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:
HB 128. By Messrs. Walker of Telfair, Moore of Dodge, Kidd of Baldwin, and others.
A bill to repeal an act entitled "An act to make additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1949

279

HB 245. By Messrs. Davis of Bartow, Twitty of Mitchell, Gross of Stephens, and others.
A bill to provide for an increase in the pay of court reporters from $15 to $20 per day; and for other purposes.

SB 14. By Senator Land of the 24th:
A bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers," approved August 24, 1872, as amended by an act approved February 26, 1875, as amended by an act approved October 13, 1885, and as amended by an act approved August 2, 1923; by providing for the election of two additional commissioners; by providing for a change in the length of tenure of office of said commissioners; by providing for a referendum; and for other purposes.
SB 60. 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, now known, under the acts of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to wit:
HR 48-257a. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states.
HR 63. By Messrs. Green of Rabun and Terrell of Floyd:
A resolution thanking the officials of the University of Georgia for their gracious hospitality; and for other purposes.

HR 65. By Mr. Covington of Floyd: A resolution commending General Courtney Hicks Hodges on the date of his retirement, January 31, 1949.
HR 66. By Messrs. Ray of Warren, Twitty and Hand of Mitchell, and others: A resolution indorsing HR 267 and SR 522 in 81st Congress known as "A bill to assist the states in the development and maintenance of local public-health units."
SR 30. By Senator Blalock of the 36th:
A resolution thanking His Excellency, Governor Herman Talmadge, and Georgia's First Lady for their excellent entertainment of members of the Georgia General Assembly, and others.
The following bills and resolutions of the House we1e read the first time and referred to committees:

280

JOURNAL OF THE SENATE,

HB 64. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien, Witherington of Echols and Hollis of Muscogee:
A bill to amend an act relative to permissive holidays in counties having a population of 70,000 or more; and for other purposes.
Referred to Committee on Banks and Banking.

HB 106. By Mr. Greer of Lanier:
A bill to amend an act, by providing that the provisions of chapter 34-19 and all amendments thereto shall apply and be operative in every county and municipality of this state and that it is unnecessary to have the grand jury approve of same, same relating to rules and regulations governing all election; and for other purposes.
Referred to Committee on State of Republic.

HB 128. By Messrs. Walker of Telfair, Moore of Dodge, Kidd of Baldwin, Hilton of Montgomery and Hall of Toombs:
A bill to repeal an act to make additions to the law of libel by newspapers, magazines or periodicals ; and for other purposes.
Referred to Committee on General Judiciary.

HB 171. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Adams of Brantley, Hopkins of Charlton, and others.
A bill to provide statewide forest fire protection; for the protection and reforestation of forest land; and for other purposes.
Referred to Committee on Conservation.

HB 225. By Mr. Hale 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 228. By Messrs. Johnson and Barton of Hall:
A bill to amend an act creating the Gainesville public school system; providing for the levy of a tax in support and maintenance of said schools; and for other purposes.
Referred to Committee on Education.

HB 230. By Mr. Evitt of Catoosa:
A bill to amend an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, FEBRUARY 2, 1949

281

HB 244. By Messrs. Gillis of Treutlen, Adams of Wheeler, Langdale of Lowndes, Jennings of Baldwin, Lewis of Hancock, Hopkins of Charlton, and Covington of Floyd:
A bill to abolish the Department of Forestry, the State Division of Conservation, the office of ex-officio commissioner of conservation; to create a state forestry commission; and for other purposes.
Referred to Committee on Conservation.

HB 245. By Messrs. Davis of Bartow, Twitty of Mitchell, Gross of Stephens, Jenkins of Bartow, Bledsoe and Britton of Whitfield, Evitt of Catoosa, and others.
A bill to amend an act relating to the compensation of court reporters for the State of Georgia; increasing their compensation; and for other purposes.
Referred to Committee on Special Judiciary.

HB 250. By Messrs. Myers and Pearlman of Sumter, Coogle of Macon, Stewart of Webster, Holloway of Schley and Stocks of Lee:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Southwestern Judicial Circuit so as to increase the salary of the solicitor general; and for other purposes.
Referred to Committee on Special Judiciary.

HB 259. By Mr. Butler of Lamar: A bill to amend an act to authorize the City of Barnesville to establish and maintain a system of public schools by local taxation; and for other purposes.
Referred to Committee on Municipal Government.
HB 262. By Mr. Willingham of Cobb: A bill to amend an act relating to reports to be made by employers under the Workmen's Compensation Act of Georgia; and for other purposes.
Referred to Committee on Industrial Relations.
HB 265. By Messrs. Johnson and Barton of Hall: A bill to amend the charter of the City of Gainesville, so as to authorize the city commission to enter into contracts for group life, health or accident insurance; and for other purposes.
Referred to Committee on Municipal Government.
HB 278. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
Referred to Committee on Municipal Government.

282

JOURNAL OF THE SENATE,

HB 280. By Messrs. Johnson and Barton of Hall:
A bill to amend the charter of the City of Gainesville regarding compensation to commissioners; and for other purposes.
Referred to Committee on Municipal Government.

HB 313. By Mr. Sheffield of Brooks:
A bill to authorize and empower, direct and require the Board of City Commissioners of Quitman to provide an ad valorem tax on all real and personal property within the corporate limits of said City of Qui~ man of two mills for the years 1949 and 1950 only; and for other purposes.
Referred to Committee on Municipal Government.

HB 321. By Mr. Bennett of Barrow:
A bill to create a new charter for the Town of Auburn; to define the corporate limits; to provide for the election of its officers; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 12-62A. By Messrs. Greer of Lanier and Smith of Bryan:
A resolution to request the Board of Regents to carry out provisions of an act setting up a state owned hospital at Augusta for the University of Georgia Medical School; and for other purposes.
Referred to Committee on University of Georgia.

HR 28-171a. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Hopkins of Charlton, Adams of Brantley, Buie of Camden, Witherington of Echols, Sheffield of Brooks, Adams of Wheeler, and others:
A resolution to resolve that a forest fire emergency committee is hereby created, defining the needs, purposes, duties, naming the memberships and their responsibilities; and for other purposes.
Referred to Committee on Conservation.

HR 48. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating sa~ isfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states; and for other purposes.
Referred to Committee on Co-op State Government.

The following resolutions were read and adopted:
HR 63. By Messrs. Greene of Rabun and Terrell of Floyd:
A resolution thanking the officials of the University of Georgia for their gracious hospitality; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1949

283

HR 65. By Mr. Covington of Floyd:
A resolution commending General Courtney Hicks Hodges on the date of. his retirement, January 31, 1949.

HR 66. By Messrs. Ray of Warren, Twitty and Hand of Mitchell, and others:
A resolution indorsing HR 267 and SR 522 in the 81st Congress, known as "A bill to assist the states in the development and maintenance of local public health units."
Mr. Ayers of the 13th 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 99. Do Pass.

HB 290. Do Pass.

HB 285. Do Pass.

HB 234. Do Pass.

HB 150. Do Pass.

HB 169. Do Pass. HB 284. Do Pass. HB 283. Do Pass. HB 248. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Higginbotham of the 31st 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 117. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

284

JOURNAL OF THE SENATE,

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

HB 99. By Mr. Tuten of Bacon:
A bill to amend an act designating and prescribing the terms of the Superior Court of Bacon County; and for other purposes.

HB 117. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend the charter of the City of Augusta; incorporated as the City Council of Augusta; and for other purposes.

HB 150. By Messrs. Mathews of Peach, Hartley of Crawford and Aultman of Houston:
A bill to amend an act relating to the compensation of court reporter of the Macon Judicial Circuit; and for other purposes.

HB 169. By Mr. Hill of Meriwether:
A bill to establish a planning district for the counties of Meriwether, Harris and Talbot; and for other purposes.

HB 234. By Mr. Sills of Candler:
A bill to amend an act to provide for the creation of a Board of Roads and Revenue Commissioners in and for the County of Candler; and for other purposes.

HB 248. By Mr. Cagle of Cherokee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Cherokee County; and for other purposes.

HB 283. By Messrs. Willingham and Reed of Cobb:
A bill to change the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system; and for other purposes.

HB 284. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a Commissioner of Roads and Revenues for Cobb County, to provide for the election of same; and for other purposes.

HB 285. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb County; to authorize the comunty commissioner of DeKalb County to establish rules and regulations to establish a pension board; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1949

285

HB 290. By Messrs. Hubert, McWhorter and Howard of DeKalb:
A bill to amend an act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 78. By Senator LeCraw of 52nd:
A bill to extend the city limits of the City of Atlanta to include Centravilla subdivision along Anchor Terrace and Avon Avenue in lots 29 and 30 of block E; and for other purposes.
The report 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 69. By Mr. Vandiver of Bibb:
A bill to reenact the charter of the City of Macon; to set up and establish a pension fund for policemen and firemen of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 84. By Mr. Miller of Bibb:
A bill to amend an act to reenact the charter of the City of Macon, to provide for the pensions and retirement of certain officers and employees of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill, carried over as unfinished business from yesterday, was taken up:

HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell, Gross of Stephens, McMillan of Washington, Edenfield of Emanuel, Hall of Toombs and others:
A bill to make general appropriations for the operation of the state government; and for other purposes.

286

JOURNAL OF THE SENATE,

Section 43 was read.

Senator Blalock of the 36th offered the following amendment:
Amend section 43 of HB 116 by adding at the end thereof the following:
"Said sum to cover all legitimate claims for refunds which have heretofore accrued and which may hereafter accrue pursuant to the provisions of act of the General Assembly approved March 28, 1947 (Georgia Laws 1947, page 1115), beginning July 1, 1947, the same being the effective date of said act."
On the adoption of the amendment the ayes were 16, nays 24, and the amendment was lost.
Senator Garrett of the 53rd offered the following amendment:
Amend section 43 as follows: by adding thereto the following sentence "No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by the act of the Georgia General Assembly of 1947 (Georgia Laws 1947, page 1115, by virtue of said wholesale distribution being engaged in retailing gasoline.
On the adoption of the amendment, the ayes were 16, nays 14, and the amendment was adopted.
Senator Lunsford of the 9th offered the following amendment:
Amend section 43 by adding the words "provided that no commission, percentage, or kick back shall be collected from or paid to any individual, firm, corporation, or organization, for collecting the 2% refund which may hereafter be due to any retail dealer of gasoline in the State of Georgia."
On the adoption of the amendment, the ayes were 2, nays 38, and the amendment was lost.

Senator McCoy offered the following amendment:
Amend HB 116, section 43, by adding at the end of said proviso to read as follows:
"The 2% refund authorized by law to retail gasoline dealers shall not be paid until the income of the state in any fiscal year shall be in excess of the amount required to pay the specific appropriations provided in this act."
On the adoption of the amendment, the ayes were 9, nays 25, and the amendment was lost.
Senator Davis of the 27th offered the following amendment:
Amend HB 116, section 43 by striking the figures $1,700,000.00 in line seven and inserting in lieu thereof the figures $1,500,000.00.
On the adoption of the amendment, the ayes were 3, nays 29 and the amendment was lost.

WEDNESDA~FEBRUARY2, 1~9

287

Senator Lunsford of the 9th offered the following amendment:
Add the words at the end of paragraph two beginning after the word "law" after first striking the period and inserting in lieu thereof a comma, these words, "except that no money from any source of income shall be appropriated to pay any refund heretofore accrued or hereafter to accrue pursuant to the provisions of act of the General Assembly approved March 28, 1947 (Georgia Laws 1947, page 1115)."
On the adoption of the amendment, the ayes were 2, nays 28, and the amendment was lost.
Section 43 was adopted as amended.
Senator Grayson of the 1st asked unanimous consent that debate on HB 116 be limited to five minutes for each Senator on each section .
The consent was granted.

The President presented to the Senate Hon. James Peters of Manchester, chairman of the state Democratic party, and Hon. J. J. Brown of McDuffie County.
The hour of adjournment having arrived, the President announced the Senate adjourned until10 o'clock tomorrow morning.

288

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 3, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 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 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:

HB 212. By Messrs. Baker and Mathews of Clarke:
A bill to change the times of convening the regular terms of the Superior Court of Clarke County; and for other purposes.

HB 218. By Mr. Evitt of Catoosa:
A bill to incorporate the Town of Fort Oglethorpe, in Catoosa and Walker Counties; and for other purposes.

HB 247. By Mr. Cagle of Cherokee County:
A bill to amend an act approved August 9, 1915, and amended August 3, 1920, as further amended by an act of the Georgia Legislature 1929, which pertains to and deals with the fixing of the salary of the clerk to the Commissioners of Roads and Revenue of Cherokee County; and for other purposes.

THURSDAY, FEBRUARY 3, 1949

289

HB 255. By Mr. Hagan of Screven:
A bill to amend an act approved December 15, 1902, establishing the City Court of Sylvania in and for the County of Screven, as found in Georgia laws of 1902; and for other purposes.

HB 281. By Mr. Risner of Hart:
A bill to amend section 6 of the act approved March 4, 1935, (Georgia Laws, 1935, pp. 687-690) creating the office of tax commissioner for the County of Hart, fixing the term and compensation of said officer; and for other purposes.

HB 282. By Messrs. Willingham and Reed of Cobb:
A bill to abolish the office of tax collector and tax receiver in the County of Cobb, to consolidate said offices and create the office of county tax commissioner and a chief clerk therein; and for other purposes.

HB 336. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act approved March 3, 1939, establishing a general employees' pension system in Fulton County, as amended, by reenacting the provisions of the 1946 and 1947 amendments to said law; and for other purposes.

HB 342. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Danielsville, in the County of Madison; and for other purposes.

SB 25. By Senator Pilcher of the 19th:
A bill to extend the provisions of the merit system act approved February 4, 1943 (Georgia Laws 1943, pages 171-177) to include the employees of the State Highway Department; to repeal conflicting laws; and for other purposes.
SB 45. By Senator Massey of the 44th:
A bill to amend an act approved February 10, 1937, entitled an act to abolish the office of tax receiver and tax collector of Catoosa County, and to create the office of county tax commissioner of Catoosa County, to fix the term and compensation of said office; and substituting a new section fixing the compensation of said county tax commissioner; and for other purposes.
SB 46. By Senator Grayson of the 1st:
A bill to amend an act which created and organized the commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several acts amendatory thereof and relating and supplementary thereto; and for other purposes.

290

JOURNAL OF THE SENATE,

SB 47. By Senator Grayson of the 1st:
A bill to amend the act entitled "An act 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.

SB 54. By Senator Grayson of the 1st:
A bill to amend the several acts creating and relative to the City Court of Savannah; and for other purposes.

SB 56. By Senator Grayson of the 1st:
A bill fixing, establishing, and providing a salary for the solicitor general of the Eastern Judicial Circuit of Georgia; repealing section 2 of the act approved February 22, 1933, fixng the salary of said solicitor general of the Eastern Judicial Circuit of Georgia; repealing all laws in conflict herewith; and for other purposes.

SB 57. By Senator Grayson of the 1st:
A bill fixing, prescribing and establishing compensation and/or salaries of the elective county officials of said County of Chatham, including the ordinary, clerk of the Superior Court, county sheriff, tax collector and tax receiver; repealing all laws in conflict with the provisions of this act ; and for other purposes.

SB 59. By Senator Pilcher of the 19th:
A bill to provide payment of $120.00 per quarter to the ordinary of Warren County, Georgia, providing an effective date thereof; and for other purposes.

The House has passed as amended, by requisite constitutional majority, the following bill of the Senate to wit:
SB 49. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah providing a pension system for employees of the mayor and aldermen of the City of Savannah, repealing all laws in conflict herewith; and for other purposes.

The House insists on its position to disagree to the Senate substitute to the following bill of the House to wit:
HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon, Briscoe of Walton and many others:
A bill to amend an act creating the Department of Public Safety, creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.

THURSDAY, FEBRUARY 3, 1949

291

The Speaker has appointed on the part of the House as a committee of conference the following members of the House :
Byrd of Taylor
Vickers of Colquitt Howard of DeKalb.

The House has adopted the following resolution of the House to wit:
HR 60-360a. By Messrs. Dorsey of White, Twitty of Mitchell, Barton of Hall, Meeks of Union, and Green of Rabun:
A resolution resolving that the director of state parks be permitted to negotiate with the Federal Government for the lease of certain lands located in White County and known as the Chattahoochee National Forest Area, and that said director be permitted to erect certain permanent structures thereon ; and for other purposes.
The following bills and/or resolutions were introduced, read the first time and referred to the committee:

SB 93. By Senators Dykes of the 14th, Stark of the 35th, Tarver of the 48th, Rich of the 8th, Land of the 24th, Land of the 51st, Massey of the 44th, Coleman of the 16th, Zellner of the 22nd, Boyett of the 11th and Bryant of the 43rd:
A bill to establish a State Racing Commission; to provide for holding and conducting race meetings and for licensing and taxing such racing; to provide and regulate the making of pari mutuel pools within licensed race tracks ; and for other purposes.
Referred to the Committee on State of Republic.

SB 94. By Senator Pilcher of the 19th:
A bill to amend the teacher retirement system by extending the compulsory time of retirement for those who have attained the age of 70 from June 30, 1949, to June 30, 1952; and for other purposes.
Referred to Committee on Education.

SB 95. By Senator Zellner of the 22nd:
A bill to authorize special elections in any county to legalize the sale of malt beverages, beer, wines, spirituous liquors or whiskey; to provide the manner and method of calling and holding said elections; to provide a waiting period of two years before another election can be called; and for other purposes.
Referred to Committee on Temperance.

SB 96. By Senators Rich of the 8th, Coleman of the 16th, Rowland of the 21st, Tarver of the 48th and Ayers of the 13th :
A bill to make it illegal to use hoop nets, gill nets, trammel nets, seines, traps, and baskets in all creeks, rivers and waters of this state, except by

292

JOURNAL OF THE SENATE,

special permit from the State Game and Fish Commission; excepting private ponds; and for other purposes.
Referred to Committee on Game and Fish.

SB 97. By Senator Turner of the 34th:
A bill to provide for the registration of marriages, divorces and annulment of marriage with the State Department of Health; to provide for reports by the ordinary and clerks of court; to provide a filing fee with each petition for divorce or annulment of marriage; and for other purposes.
Referred to the Committee on General Judiciary.

SB 98. By Senator Ayers of the 13th:
A bill to make every auctioneer who sells motor vehicles at auction be held responsible to the purchaser in the event it is shown that said motor vehicle was stolen; and for other purposes.
Referred to Committee on Motor Vehicles.

SR 33. By Senator Pilcher of the 19th:
A resolution to amend the Constitution by adding paragraph I of section VII of article V to create a State Highway Board of three members to be elected by the General Assembly; and for other purposes.
Referred to Committee on Amendments to the Constitution.

The following bills of the House were read the first time and referred to committee:
HB 212. By Messrs. Baker and Mathews of Clarke:
A bill to change the time of convening the regular terms of the Superior Court of Clarke County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 218. By Mr. Evitt of Catoosa:
A bill to incorporate the town of Fort Oglethorpe, in Catoosa and Walker Counties and for other purposes.
Referred to Committee on Municipal Government.

HB 247. By Mr. Cagle of Cherokee:
A bill to amend an act which pertains to and deals with the fixing of the salary of the clerk of the Commissioners of Roads and Revenues of Cherokee County; and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, FEBRUARY 3, 1949

293

HB 255. By Mr. Hagan of Screven:
A bill to amend an act establishing the City Court of Sylvania in and for the County of Screven; as found in Georgia laws of 1902; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 281. By Mr. Risner of Hart:
A bill to amend an act creating the tax commissioner for the County of Hart, fixing the term and compensation of said officer; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 282. By Messrs. Willingham and Reed of Cobb:
A bill to abolish the office of tax collector and tax receiver in the County of Cobb, to consolidate said offices and create the office of county tax commissioner and a chief clerk therein; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 336. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act establishing a general employees' pension system in Fulton County, as amended, by reenacting the provisions of the 1946 and 1947 amendments to said law and for other purposes.
Referred to Committee on Counties and County Matters.

HB 342. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Danielsville, in the County of Madison; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Higginbotham of the 31st 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:

HB 280. Do Pass. HB 265. Do Pass. HB 208. Do Pass. SB 88. Do Pass.

294

JOURNAL OF THE SENATE,

SB 89. Do Pass. HB 259. Do Pass. HB 230. Do Pass. HB 225. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Zellner of the 22nd District, chairman of the Committee on Education, has submitted the following report:

Mr. President:

Your Committee on Education 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 32. Do Pass.

Respectfully submitted, Zellner of 22nd District, Chairman

Mr. Pittman of the 42nd 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 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, Pittman of 42nd District, Chairman

Mr. Higginbotham of the 31st 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 278. Do Pass.

HB 270. Do Pass.

Respectfully submitted,

Higginbotham of 31st District,

Chairman

THURSDAY, FEBRUARY 3, 1949

295

Mr. Smith of the 37th 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 24. Do Pass.

SB 44. Do Pass.

SB 64. Do Pass.

SB 80. Do Pass.

SB 90. Do Pass.

HB 11. Do Pass. HB 87. Do Pass.

HB 128. Do Pass.

HB 142. Do Pass. HB 197. Do Pass. HB 210. Do Pass.

HB 235. Do Pass. HB 245. Do Pass as amended HB 31. Do Pass as amended.

Respectfully submitted,

Smith of 37th District, Chairman

Mr. Overby of the 33rd 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:
HB 2. Do Pass as amended.
SB 91. Do Pass. SB 82. Do Pass. HB 97. Do Pass. HB 77. Do Pass as amended.

296

JOURNAL OF THE SENATE,

HB 168. Do Pass. SB 92. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. Saunders of the 25th 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 62. Do Pass.

Respectfully submitted, Saunders of 25th District, Chairman

Mr. Padgett of the 6th District, vice chairman of the Committee on Con servation, submitted the following report:

Mr. President:
Your Committee on Conservation has had under consideration the following bills and resolution of the House and has instructed me, as vice chairman, to report the same back to the Senate with the following recommendations:
HR 28-171-a. Do Pass.
HB 244. Do Pass.
HB 171. Do Pass.
Respectfully submitted, Padgett of 6th District, Vice Chairman

Mr. Clary of the 29th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 64. Do Pass.

Respectfully submitted, Clary of 29th District, Chairman

THURSDAY, FEBRUARY 3, 1949

297

Mr. Padgett of the 6th District, vice chairman of the Committee on Conservation, submitted the following report:

Mr. President:

Your Committee on Conservation 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 243. Do Pass.

Respectfully submitted, Padgett of 6th District, Vice Chairman

Mr. Housley of the 32nd 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 12. SB 35. SB 40. SB 68. SB 72.

SR 18.

Respectfully submitted,

Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 41. By Senator Lunsford of the 9th:
A bill to provide for the levy of a maintenance tax for state purposes on motor vehicles operated as rolling stores; and for other purposes.
SB 44. By Senators Stark of the 35th, Purdom of the 46th, Dykes of the 14th, Foster of the 40th and Overby of the 33rd:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes; to protect and stabilize the collection of taxes on the sale of cigarettes; and for other purposes.

298

JOURNAL OF THE SENATE,

SB 64. By Senator Pilcher of the 19th:
A bill to provide expenses to a judge of the Superior Court when serving on a recount committee as provided by law; and for other purposes.

SB 80. By Senator Land of 24th and Overby of 33rd:
A bill to provide that the owner or operator of a visual or sound radio broadcasting station shall not be liable for defamatory statements made by one other than the owner or agents; to provide that no owner shall be held liable for defamatory statements made by one on behalf of a candidate for public office; and for other purposes.

SB 90. By Senator Grayson of the 1st:
A bill to amend the laws applicable to the Georgia Real Estate Commission; to provide for a commission of three persons, their qualification, terms of appointment; provide for powers to subpoena witnesses and conduct hearings; to provide for appeals therefrom; and for other purposes.

SR 24. By Senator Grayson of the 1st:
A resolution directing the state librarian to furnish to the clerk of the Superior Court of Chatham County certain volumes of Georgia Reports and Georgia Appeal Reports.

SB 62. By Senators LeCraw of the 52nd, and Higginbotham of the 31st:
A bill to make it a misdemeanor to publish an advertisement of spirituous liquors and distilled spirits by any publication or periodical or magazine published within this state; and for other purposes.

SB 82. By Senators Grayson of the 1st, and Zellner of the 22nd:
A bill to require all persons on the payroll of the state, its departments and agencies, county and city governments, school districts and boards of education to take a loyalty oath; and for other purposes.

SB 88. By Senator Grayson of the 1st:
A bill to change the name of Armstrong Junior College to Armstrong College of Savannah and provide for three additional ex officio members of the board; and for other purposes.

SB 89. By Senator Grayson of the 1st:
A bill to authorize a Savannah River Commission to build, maintain and operate municipally owned river bridges across the Savannah River into the State of South Carolina; to provide the rate or tolls to be charged; and for other purposes.

SR 32. By Senator Cochran of the 7th:
A resolution to authorize the Board of Education and County Commissioners of Thomas County to pay the funeral expenses of Levida Greene who was killed by a school bus on the school grounds at Meigs, Georgia.

THURSDAY, FEBRUARY 3, 1949

299

SB 91. By Senator Pilcher of the 19th:
A bill to amend the act changing the compensation and expenses of the members of the State Board of Corrections so they shall receive $10.00 per day in addition to expenses, and for other purposes.

SB 92. By Senator Pilcher of the 19th:
A bill to amend an act approved February 1, 1946, to provide that funds arising from the sale of supplies, materials, farm products, live stock, etc., produced or manufactured by the State Board of Corrections shall be used by the Board of Corrections to cover the cost of materials and expenses; and for other purposes.

HB 2.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Tuten of Bacon, Lewis of Hancock and Adams of Brantley:
A bill to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters; and for other purposes.

HB 11. By Mr. Twitty of Mitchell:
A bill to amend an act to provide for the creation of the office of judge of the Superior Courts emeritus, to prescribe eligibility for incumbrance; and for other purposes.

HB 31. By Mr. Lewis of Hancock:
A bill to amend the code providing for the selection of an official organ for legal advertising; and for other purposes.

HB 64. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien, Witherington of Echols and Hollis of Muscogee:
A bill to amend an. act relative to permissive holidays in counties having population of 70,000 or more; and for other purposes.

HB 77. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell:
A bill to amend an act relating to trade-marks, the procedure for obtaining same, costs, renewals, etc.; and for other purposes.

HB 87. By Mr. Davis of Bartow:
A bill to amend an act making 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 funds; and for other purposes.

HB 97. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to amend an act relating to the Secretary of State-Securities Division-Examiners; and for other purposes.

300

JOURNAL OF THE SENATE,

HB 128. By Mr. Walker of Telfair, Moore of Dodge, Kidd of Baldwin and others:
A bill to repeal an act to make additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.

HB 142. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act increasing the fees of the justices of peace; and for other purposes.

HB 168. By Messrs. Hinson of Ware and Smith of Emanuel:
A bill to extend the provisions of the merit system act to include the employees of the State Department of Public Safety; and for other purposes.

HB 171. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Adams of Brantley, Hopkins of Charlton and others:
A bill to provide statewide forest fire protection; for the protection and reforestation of forest land; and for other purposes.

HB 197. By Messrs. Johnson and Barton of Hall: A bill to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
HB 208. By Mr. Harden of Ben Hill: A bill to amend an act revising the charter for the City of Fitzgerald; and for other purposes.

HB 210. By Messrs. Page, McGee and Hood of Chatham: A bill to amend an act known as the "Revenue Certificate Law of 1937"; by providing that said act shall apply to a combination of sea wall, groin and public parking systems; and for other purposes.
HB 225. By Mr. Hale of Dade: A bill to provide a new charter for the City of Trenton; and for other purposes.
HB 230. By Mr. Evitt of Catoosa:
A bill to amend an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
HB 235. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act providing for the fee for legal advertisement, to provide that counties having a city therein with a population greater than 200,000 shall charge a rate of $1.25 for each insertion of the legal ad for the first four insertions; and for other purposes.

THURSDAY, FEBRUARY 3, 1949

301

HB 243. By Messrs. Campbell of Oconee, Gillis of Treutlen, Hopkins of Charlton and Moore of Dodge:
A bill to amend an act relating to state soil conservation; to provide for a new committee as a state agency; and for other purposes.

HB 244. By Messrs. Gillis of Treutlen, Adams of Wheeler and others:
A bill to abolish the Department of Forestry, the State Division of Conservation, the office of ex-officio commissioner of conservation; and for other purposes.

HB 245. By Messrs. Davis of Barton, Twitty of Mitchell, Gross of Stephens, Jenkins of Bartow, Bledsoe of Whitfield and others:
A bill to amend an act relating to the compensation of court reporters for the State of Georgia; increasing their compensation; and for other purposes.

HB 250. By Messrs. Myers and Pearlman of Sumter, Coogle of Macon and others:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Southwestern Judicial Circuit so as to increase the salary of the solicitor general ; and for other purposes.

HB 259. By Mr. Butler of Lamar:
A bill to amend an act to authorize the City of Barnesville to establish and maintain a system of public schools by local taxation; and for other purposes.

HB 265. By Messrs. Johnson and Barton of Hall:
A bill to amend the charter of the City of Gainesville, so as to authorize the City Commission to enter into contracts for group life, health or accident insurance; and for other purposes.

HB 270. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act creating a Municipal Court of Atlanta, to allow justices of peace outside jurisdiction of said court; and for other purposes.

HB 278. By Messrs. Howard, Hubert and McWhorter of DeKalb:

A bill to amend an act creating a new charter for the City of Chamblee;

and for other purposes.



HB 280. By Messrs. Johnson and Barton of Hall:
A bill to amend the charter of the City of Gainesville regarding compensation to commissioners; and for other purposes.

HR 28-171a. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Hopkins of Charlton, Adams of Brantley, Buie of Camden, Witherington of Echols, Sheffield of Brooks and Adams of Wheeler and others :
A resolution to resolve that a forest fire emergency committee is hereby created, defining the needs, purposes, duties, naming the memberships and their responsibilities; and for other purposes.

302

JOURNAL OF THE SENATE,

The following local bills of the House and Senate were read the third time and put upon their passage:
HB 99. By Mr. Tuten of Bacon:
A bill to amend an act designating and prescribing the terms of the Superior Court of Bacon County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 117. By Messrs. Cohen, Coleman and Bell of Richmond:

A bill to amend the charter of the City of Augusta; incorporated as the City Council 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 35, nays 0.

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

HB 150. By Messrs. Mathews of Peach, Hartley of Crawford and Aultman of Houston: A bill to amend an act relating to the compensation of court reporter of the Macon 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 169. By Mr. Hill of Meriwether: A bill to establish a planning district for the Counties of Meriwether, Harris and Talbot ; and for other purposes.
The report 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 234. By Mr. Sills of Candler :
A bill to amend an act to provide for the creation of a Board of Roads and Revenue Commissioners in and for the County of Candler; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 3, 1949

303

HB 283. By Messrs. Willingham and Reed of Cobb:
A bill to change the compensation of the clerk of the Superior Court, the sheriff and the ordinary of Cobb County from the fee system to the salary system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 248. By Mr. Cagle of Cherokee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Cherokee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 284. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a Commissioner of Roads and Revenues for Cobb County, to provide for the election of same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 285. By Messrs. Howard, MeWhorter and Hubert of DeKalb:
A bill to create a system of pensions and retirement pay for officers and employees of DeKalb County; to authorize the County Commissioner of DeKalb County to establish rules and regulations to establish 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 290. By Messrs. Hubert, McWhorter and Howard of DeKalb:
A bill to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

304

JOURNAL OF THE SENATE,

SB 68. By Senator Grayson of the 1st:
A bill to create the Savannah-Chatham County Historic Site and Monument Commission; to prescribe their powers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Pittman of the 42nd asked unanimous consent that the following resolution of the House be recommitted to the Committee on Public Health.
HR 10. By Mr. Cook of Chatooga:
A resolution to request a full and complete legal investigation by the attorney general of the emptying into the Chattooga River of certain waste matters, including dyes, caustics and various chemicals by the Reigel Textile Corporation in Chatooga County; and for other purposes.
The consent was granted.

The following resolution of the House was read and adopted:
HR 60. By Messrs. Dorsey of White, Twitty of Mitchell, Barton of Hall and others:
A resolution that the director of state parks and the Governor be authorized to negotiate with federal authorities in the procuring of lease of certain lands in White County known as part of the Chattahoochee National Forest Area; and for other purposes.
The following resolution was read:
By Senator LeCraw of the 52nd:
WHEREAS, at the numerous Veterans Administration Hospitals located in Georgia no adequate transient facilities exist whereby the relatives and members of immediate families of the veterans who are patients in said hospitals may be furnished at nominal cost with sleeping and eating accommodations during prolonged visits at the bedsides of these patients; and
WHEREAS, in many cases the serious condition of these patients renders the presence nearby of the next-of-kin or others with close family ties of definite value in promoting recovery and assisting convalescence; and
WHEREAS, there is no existing provision of law or regulation whereby the Veterans Administration or the State of Georgia can take care of such a situation; and
WHEREAS, it is believed that in certain neighboring states arrangements between the federal and state authorities are in effect whereby accommodations for visiting relatives of inmates of these hospitals are maintained on a self-sustaining basis and at nominal cost to the transient guests, and that such provisions have proved successful and satisfactory.

THURSDAY, FEBRUARY 3, 1949

305

THEREFORE, BE IT RESOLVED BY THE SENATE: That the presiding officer be, and he is hereby authorized and directed to name a select committee composed of three members of this body, whose duty it shall be to investigate, develop and report full information as to what disposition is made in some of our neighboring states dealing with the matter of providing transient sleeping and refreshment accommodations in immeidate proximity to veterans hospitals for the use of bona fide members of families who have occasion to visit patients in these institutons and whose visits are prolonged more than a single day, and to submit recommendations which will enable the State of Georgia to provide similar services for the economy and convenience of persons in this state who have occasion to be called to the bedside of veteran inmates of government hospitals.
RESOLVED FURTHER, that said committee shall submit its report to the next session of the Senate following adjournment of the present session of the General Assembly, and that the members shall be reimbursed their reasonable expenses of travel and other items incurred in connection with the development and submission of thi11 report.
The resolution was adopted and the President appointed as a committee Senators Lecraw of the 52nd, Purdom of the 46th and Rodenberry of the 3rd.

The following bill of the House which was carried over as unfinished business was taken up:
HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell and others :
A bill to make general appropriations for the operation of the state government; and for other purposes.
Sections 44, 45, 46, 47, 48, 49, 50, 51 and 52 were read and adopted.
Section 53 was read.

Senator Pilcher of the 19th offered the following amendment:
Amend HB 116, section 53, by striking from section 53 of said act the words or figures "and 33" and inserting the word "and" before the figure 63 so that said section 53 as amended, shall read as follows:
"Section 53-all appropriations and expenditures authorized by this act shall be subject to provisions of article VII, section IX, paragraph II of the Constitution of Georgia, which continues in force and effect sections 55, 57, 58, 59, 60, 62 and 63 of the appropriations act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly".
By adding another section directly after section 53 to be called section 53 (a) as follows :
"Section 33 of the general appropriation act approved January 29, 1943, relating to "Income Equalization Account", and which is found in acts of 1943, page 91 and which provides as follows:
"Income Equalization Account--The State Treasurer and other fiscal officers are authorized and directed to set up as an appropriation in this account an amount equal to the amount or amounts that is determined

306

JOURNAL OF THE SENATE,

by the State Auditor to be a surplus in available funds after the prorating of monthly income has been made to the monthly allotments authorized under this act. In the event the income for the month is insufficient to make a 100% prorating to meet the allotments authorized under this act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for highway construction or for other purposes, in accordance with provisions of section 8 of the budget act." is hereby specifically and separately repealed in its entirety as contemplated in paragraph 2 of section 9, article 7 of the Constitution of Georgia of 1945.
By adding another section, to be called section 53 (b) directly after 53 (a) as follows :
"Income Equalization Account-The State Treasurer, and other fiscal officers, are authorized and directed to set up in this account an amount equal to the amount, or amounts, that are determined by the State .Auditor to be surplus in available funds after the prorating of monthly income has been made to the monthly allotments authorized under this act. In the event the income for the month is insufficient to make a 100% prorating to meet the allotments authorized under this act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency".
"In the event there is at any time a surplus in this account, an amount in the specific sum of $750,000 and not more than this sum, is hereby appropriated as a contingent or emergency appropriation to be expended pursuant to the provisions of section 8 of the budget bill (Laws of 1931, Extra Session, page 98) and said contingent or emergency appropriation shall not exceed said specific sum of $750,000.00 for each fiscal year covered by this general appropriation act; but, provided, however, that there shall not at any time be expended out of any surplus in said income equalization account any funds for any purpose save and except to adjust appropriations, and to pay allotments, out of said contingency or emergency appropriation in the total amount, during any fiscal year, of the specific sum of $750,000 as aforesaid, and not more than said sum".
The amendment was adopted.
Section 53 was adopted as amended.
Section 54 was read and adopted.

Senator Lunsford of the 9th moved that the Senate reconsider its action in adopting section 28 (b).
The motion prevailed.

Senator Lunsford of the 9th offered the following amendment:
Amend section 28, subsection (b) by inserting the word "enough", between the words "and" and "additional", also strike the word "realized" and substitute in lieu thereof the words "actually received and imbursed into the state treasury", also insert the words "not more than" between the word "at and the figures, $750,000.00.

THURSDAY, FEBRUARY 3, 1949

"307

The amendment was adopted.
Section 28 (b) was adopted as amended.
Senator Purdom of the 46th moved the adoption of the first 54 sections of the bill known as the first section of HB 116.
Senator Purdom of the 46th called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows :

The following Senators voted in the affirmative:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Eve Florence Foster Garrett Gholston

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton Overby Padgett Pittman

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Zellner

Senator Purdom of the 46th asked unanimous consent that further action on HB 116 be deferred until a later date and the consent was granted.

Senator Rodenberry of the 3rd asked unanimous consent that the following bill of the House be taken up for the purpose of considering House amendments thereto:

SB 49. By Senator Grayson of the 1st:
A bill to repeal an act of the General Assembly of 1947 erroneously marked "approved March 27, 1948", included on pages 935-938 of the acts of 1947 establishing a pension system for the City of Savannah, and to reenact the same; and for other purposes.

The House offered the following amendments to SB 49:

Messrs. Hood, McGee, and Page moved to amend SB 49 by adding a new paragraph to be known as paragraph c of subsection 4 of section 2 to read as follows:
"Paragraph C. Any regular employee of the mayor and aldermen who shall have served for a period of twenty years of computed service shall not be discharged without first being pensioned, unless said employee

308

JOURNAL OF THE SENATE,

has failed to perform the duties for which he or she was employed or has been guilty of misconduct in office, which action must be established by charges being preferred against such employee and the same being verified and established after a complete hearing by the mayor and the Board of Aldermen. In the event such charges are substantiated in the opinion of the mayor and the Board of Aldermen, said employee shall not be entitled to pension. If said charges are not substantiated, said employee shall be entitled to pension. This provision shall not affect an employee who has become disabled and who is ordinarily entitled to a pension because of disability."

Messrs. Hood, McGee, and Page further moved to amend said subsection 4 of section 2 of said bill by adding an additional paragraph to be known as paragraph d of subsection 4 of section 2 to read as follows :
"BE IT FURTHER ENACTED that the widow of any regular employee of the mayor and aldermen of the City of Savannah, in the event of the death of said employee during the performance of his duties, shall be entitled to a pension of 40% of the salary said employee was receiving at the time of his death, which in no event shall exceed the sum of $100 and said pension shall be paid to said widow of such employee until such time as said widow may remarry. In the event said widow should remarry said pension shall cease and terminate as of the date of said remarriage."
Senator Roddenberry of the 3rd moved that the Senate agree to the House amendments to SB 49.
On the motion to agree, the ayes were 35, nays 0, and the amendments were agreed to.

The following message from His Excellency, the Governor, was read by the secretary:

State of Georgia Executive Department Herman E. Talmadge, Governor Benton Odom, Executive Secretary
Atlanta

January 31, 1949

To the Members of the General Assembly:

In accordance with code section 2-3016 I am herewith returning SR 26 which has been vetoed by me.

I realize that Messrs. John D. Watts, E. S. Burke, F. M. Davies, J. D. Haralson, H. M. Spurlin, G. W. Wilson, B. J. Housend, C. Ray Ward and Jack Bob Ethredge rendered valuable service to the State of Georgia from the period of January 14, 1947 to March 19, 1947, at a personal sacrifice to themselves.

The salary which they earned respectively was paid to subsequent employees by the succeeding administration. I do not believe the State of Georgia should be compelled twice to pay state employees for rendering the same service.

HET:ke

Respectfully yours, Herman E. Talmadge, Governor

THURSDAY, FEBRUARY 3, 1949

309

The following message from His Excellency, the Governor was read:
State of Georgia Executive Department Herman E. Talmadge, Governor Benton Odom, Executive Secretary
Atlanta January 31, 1949
To the Members of the General Assembly:

In accordance with code section 2-3016 I am herewith returning SR 27 which has been vetoed by me.

I realize that Messrs. Benton Odom, Andrew J. Tuten and Ernest Vandiver rendered valuable service to the State of Georgia from the period of January 14, 1947 to March 19, 1947, at a personal sacrifice to themselves.

The salary which they earned respectively was paid to subsequent employees by the succeeding administration. I do not believe the State of Georgia should be compelled twice to pay state employees for rendering the same service.

Respectfully yours,

Herman E. Talmadge,

HET:kc

Governor

The following message from His Excellency, the Governor was read:

State of Georgia Executive Department Herman E. Talmadge, Governor Benton Odom, Executive Secretary
Atlanta

To the Members of the General Assembly:

January 31, 1949

In accordance with code section 2-3016 I am herewith returning SR 28 which has been vetoed by me.

I realize that Honorable William K. Barrett rendered valuable service to the State of Georgia from the period of January 14, 1947 to March 19, 1947, at a personal sacrifice to himself.

The salary which he earned was paid to subsequent employee by the succeeding administration. I do not believe the State of Georgia should be compelled twice to pay state employees for rendering the same service.

HET:kc

Respectfully yours, Herman E. Talmadge, Governor

310

JOURNAL OF THE SENATE,

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 34. By Senators Gholston of the 30th, Mason of the 26th, Daniel of the 49th and others:
A bill to provide for a ten-man highway commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation and tenure; to provide for a chairman of the commission, to fix his salary and duties, and provide for bond; to provide for a highway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.
Senator Smith of the 37th moved that further action on SB 34 be postponed until February 7 and that it be set as a continuing order of business on that date.
On the motion to postpone, the ayes were 24, nays 22, and the motion prevailed.

SB 35. By Senators Roddenberry of the 3rd, Housley of the 32nd, Ursrey of the 54th, and others:
A bill to fix the mileage paid to officers and employees of various departments, boards and bureaus when traveling in the service of the state at a uniform rate of .08 per mile; and for other purposes.

Senator Rodenberry of the 3rd offered the following amendment:
Amend SB 35 by striking the words wherever they appear in the caption and section 3, "eight (.08c) cents per mile" and insert in lieu thereof the words "seven (.07c) cents per mile."
The amendment was adopted.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the code of 1933 and to substitute a new section 59-705; to provide in all civil causes it shall be good cause of challenge that a juror has expressed an opinion or wish as to which party ought to prevail; to provide for individual examination of the panel of jurors without interposing any challenge; and for other purposes.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 12. By Senator Purdom of the 46th:
A bill to prohibit the use of traps, poisons, drugs, etc., for hunting wild game; to define night hunting; to provide penalties; and for other purposes.

THURSDAY, FEBRUARY 3, 1949

311

By Senator Tarver of the 48th offered the following amendment:
Amend SB 12 to add the words, otters, muskrats immediately after the word "rabbit" in the eighth line of section 45.322.
The amendment was adopted.

Senator Land of the 24th offered the following amendment:
Amend SB 12 to strike the minimum fine of $250.00 provided for therein and substituting the sum of $100.00 therefor.
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.

SB 13. By Senator Purdom of the 46th: A bill to require permission to hunt game on lands of another; to prescribe penalties; and for other purposes.
Senator Pittman of the 42nd offered the following amendment: Amend SB 13 by adding after the word "another" in line 2 of said section the words "who does not live thereon".
The amendment was adopted.
Senator Garrett of the 52nd offered the following amendment: Amend SB 13 line 7 of section 1 to insert the words "or fish" after the word hunt and to insert the words "or fishing" after the word hunting wherein it may appear in the bill.
The amendment was adopted. On the passage of the bill, the ayes were 32, nays 5. The bill, having received the requisite constitutional majority, was passed as amended.
SR 18. By Senator Purdom of the 46th:
A RESOLUTION To amend paragraph 4, of section 7, of article 7 of the Constitution of the State of Georgia so as to include therein county boards of education as having authority to obtain and incur loans as therein provided. BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by authority of the same that: Section 1. Paragraph 4, of section 7, of article 7 of the Constitution of the State of Georgia is amended by adding therein after the words,

312

JOURNAL OF THE SENATE,

"political subdivision of the state authorized to levy taxes," the words, "and county boards of education;" by adding therein after the words, "political subdivision," where they subsequently appear in said paragraph, the words "or county board of education;" by adding after the word "collected," in the second sentence of said paragraph the words, "or received;" and by striking the word, "and," where it appears before the words, "political subdivision of the state authorized to levy taxes," in said paragraph, and by striking the word "or," where it subsequently appears in said paragraph before the words, "political subdivision," so that this paragraph, as amended, will read as follows:
"In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the state authorized to levy taxes, and county board of education, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivision or county board of education outstanding at any one time, shall not exceed 75% of the total gross income of such county, municipality, political subdivision or county board of education, from taxes collected by- such county, municipality, political subdivision or county board of educaton in the last precedng year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city political subdivision or county board of education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county municipality, subdivision or county board of education shall incur in any one calendar year, an aggregate of such temporary loans and other contract or obligation for current expenses, in excess of the total anticipated revenue of such county, municipality, subdivision, or county board of education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year."
Section 2. When this amendment to the Constitution shall have been approved by the General Assembly of the State of Georgia in the manner provided by law, the Governor of this state shall, in the manner provided by law, cause the same to be voted upon by the people of the state, at the next general election held for such purpose. At said election the ballots shall have printed thereon, "For amendment to paragraph 4, section 7, of article 7 of the Constitution of the State of Georgia to include therein county boards of education as having authority to obtain the loans provided in said paragraph," and "Against amendment to paragraph 4, section 7, of article 7 of the Constitution of Georgia to include therein county boards of education as having authority to obtain the loans provided in said paragraph." If a majority of the qualified voters at such election shall vote "For" the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the state shall make proclamation thereof.
Section 3. That all laws, and parts of law, in conflict herewith are repealed.
The report of the committee, which was favorable to the adoption of the
resolution, was agreed to.

THURSDAY, FEBRUARY 3, 1949

313

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Florence Garrett Gholston Grayson

Higginbotham Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Overby Padgett Peterson Pilcher Pittman

Purdom Rackley Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Zellner

Voting in the negative was Senator Foster.

On the adoption of the resolution, the ayes were 44, nays 1.

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

HB 3.

By Messrs. Hand and Twitty of Mitchell:
A bill to authorize the state to make grants to assist in construction of public hospitals and public health centers; to designate board of health as agency to administer such grants ; and for other purposes.

Senator Overby offered the following amendment:
Amend HB 3 by striking paragraph (a) of section I in its entirety and inserting a new paragraph in lieu thereof to read as follows:
(a) Grants made pursuant to this act shall be in an amount equal to one-third (1/3) of the allowable cost of construction of such hospitals or health centers provided that such a grant shall not exceed $350,000.00.
The amendment was adopted.

Senator Overby of the 33rd offered the following amendment:
Amend HB 3 by striking subparagraph (c) (3) of section one, and inserting in lieu thereof a new paragraph to read as follows:
"Third consideration shall be given in date sequence of approval for Federal funds by the surgeon general to projects which shall have been approved for Federal aid prior to January 1, 1949."
By adding a new subparagraph (c) (4) to section one, which shall read as follows:

314

JOURNAL OF THE SENATE,

"Fourth consideration shall be given to projects in a manner of priority approved by the Surgeon General of the United States Public Health Service."
By striking subsection D from section seven, and inserting in lieu thereof a new subsection to read as follows:
"If any hospital for which funds have been paid under this section shall at any time within 20 years after the completion of construction be sold or used for any purpose contrary to the provisions under which the grant was made, and such change in use is not approved by the State Board of Health, the State of Georgia shall be entitled to recover from either the transferor or the transferee such per centum of the then value of such hospital as the state grant bore to the total construction cost of that hospital, as determined by agreement of the parties or by action brought in court in the due process of law."
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.

HR 19. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, and others:
A resolution establishing authority of the Governor, State Highway Director, and Attorney General to execute agreements with U. S. Government concerning highway rights of way through dams and reservoirs built by U. S. Government; and for other purposes.

Senator Overby of the 33rd offered the following amendment:
Amend HR 19-100-A, to add after the seventh paragraph a new paragraph to read as follows:
"Be it further resolved that the county commissioners, or other authorities over roads and revenues of the counties, be empowered, with respect to county roads and rights-of-way, with the same powers and authority as are given the Governor, the State Highway Director, and the Attorney General with respect to state highways and rights-of-way, as provided in the foregoing sections."
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 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 35. By Messrs. Gross of Stephens, Green of Rabun, Griggs of Habersham, and others:
A bill to amend an act to create and organize a new judicial circuit for the State of Georgia to be called the Tugalo Judicial District; and for other purposes.

THURSDAY, FEBRUARY 3, 1949

315

The Committee on Special Judiciary offered the following amendment:
Amend HB 35 by inserting the section 1 after the word "created" the words "March 15, 1949."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Senator Foster of the 40th 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:

Ansley Blalock Boyett Brooks Bryant Clary Coleman Daniel Florence Foster Garrett

Gholston Grayson Higginbotham Jones Land, 51st Land, 24th Layton LeCraw Mason Massey Padgett

Peterson Pittman Rackley Roddenberry Rowland Saunders Sims Swint Turner Williams Zellner

Those voting in the negative were Senators:

Ayers Cochran Davis Dykes

Lunsford Overby Pilcher Smith

Stark Tarver

On the passage of the bill, the ayes were 33, nays 10.

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

Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.

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

316

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Friday, February 4, 1949.

The Senate met pursuant to adjournment at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
Senator Clary of the 29th asked unanimous consent that the call of the roll be dispensed with, and the consent was granted.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees.
5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported. 7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate and House bills and resolutions with the President calling them in any order, within his discretion. The consent was granted.

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

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

HB 28. By Mr. Denton of Paulding: A bill to amend the city charter of Dallas; and for other purposes.
HB 194. By Mr. Dunn of Seminole: A bill to authorize the citizens of Seminole County to fish in Spring Creek; and for other purposes.
HB 249. By Mr. Gillis of Treutlen: A bill amending an act creating the city court of Soperton; and for other purposes.

FRIDAY, FEBRUARY 4, 1949

317

HB 224. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill to amend the charter of the City of Macon; and for other purposes.

HB 238. By Mr. Moore of Dodge:
A bill to amend an act which is entitled "An act to abolish the office of the treasurer of Dodge County; and for other purposes.

HB 252. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor carriers for hire; and for other purposes.

HB 253. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor common carriers; and for other purposes.

HB 289. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act entitled "An act to create and establish the City Court of Decatur; and for other purposes.

HB 296. By Messrs. Hollis, Shie}ds and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, as said charter has been heretofore amended; and for other purposes.

HB 301. By Mr. Twitty of Mitchell:
A bill to create the positions of chief justice emeritus and associate justice emeritus; and for other purposes.

HB 303. By Mr. Hale of Dade:
A bill to repeal section 53-504 of the 1933 Code of Georgia relating to contracts of sale by a wife of her separate estate to her husband or trustee; and for other purposes.

HB 305. By Messrs. Johnson and Barton of Hall:
A bill to amend an act entitled "Gainesville Retirement Fund"; and for other purposes.

HB 306. By Mr. Walker of Telfair:
A bill to provide for the appointment of a probation officer for Telfair County; and for other purposes.

HB 308. By Messrs. Jennings and Kidd of Baldwin:
A bill to abolish the office of county treasurer of Baldwin County; and for other purposes.

318

JOURNAL OF THE SENATE,

HB 314. By Mr. Sheffield of Brooks:
A bill to cause the county commissioners of Brooks County to pay a pension of $100.00 per month to law enforcement officers of Brooks County who are permanently disabled in line of duty; and for other purposes.

HB 340. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to permit the Board of Commissioners of Roads and Revenue of Fulton County to raise and expend money for recreational and athletic purposes; and for other purposes.

HB 352. By Messrs. Durden and Davis of Dougherty:
A bill to amend an act captioned Dougherty County Board of Commissioners; and for other purposes.

HB 353. By Messrs. Durden and Davis of Dougherty: A bill to establish the City Court of Albany; and for other purposes.
HB 366. By Messrs. Covington, Moulton and Terrell of Floyd: A bill to amend section 3 of the Acts of 1918, creating a new charter for the City of Rome; and for other purposes.

HB 378. By Mr. Boone of Wilkinson:
A bill to amend an act the same relating to the Board of Commissioners of Roads and Revenues of Wilkinson County; and for other purposes.
SB 43. By Senators Ursrey of the 54th and Purdom of the 46th:
A bill to amend the Code of 1933 to provide that a beneficiary of a contract made between other parties for his benefit may maintain action against the promisor on such contracts; and for other purposes.
The House has adopted the following resolution of the House, to wit:
HR 71. By Messrs. Twitty and Hand of Mitchell:
A resolution that the Governor scan carefully all bills providing for increase in wages or salaries and to provide for the appointment of a committee to study such bills to determine their merit; and for other purposes.

The following bills of the Senate were introduced, read the first time and referred to committees:
SB 99. By Senator LeCraw of the 52nd:
A bill to prohibit the circulation, sale or distribution within the State of Georgia of any newspaper, magazine, periodical or any publication whatsoever in which appears any advertisement concerning spirituous liquors or distilled spirits; and for other purposes.
Referred to Committee on Temperance.

FRIDAY, FEBRUARY 4, 1949

319

SB 100. By Senator Purdom of the 46th:
A bill to authorize eligible officials and employees of the State Department of Audits to become members of the employees retirement system of Georgia; and for other purposes.
Referred to Committee on General Judiciary.

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

HB 28. By Mr. Denton of Paulding: A bill to amend the city charter of Dallas; and for other purposes.
Referred to Committee on Municipal Government.

HB 194. By Mr. Dunn of Seminole:
A bill to authorize the citizens of Seminole County to fish in Spring Creek; and for other purposes.
Referred to Committee on Game and Fish.

HB 224. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill amending an act to amend the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

HB 238. By Mr. Moore of Dodge:
A bill to amend an act which is entitled an act to abolish the office of treasurer of Dodge County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 249. By Mr. Gillis of Treutlen:
A bill to amend an act creating the City Court of Soperton; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 252. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor carriers for hire; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 253. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor common carriers; and for other purposes. Referred to Committee on Motor Vehicles.

320

JOURNAL OF THE SENATE,

HB 289. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act entitled "An act to create and establish the City Court of Decatur; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 296. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to amend the charter of the City of Columbus as said has been heretofore amended; and for other purposes.
Referred to Committee on Municipal Government.
HB 301. By Mr. Twitty of Mitchell: A bill to create the positions of chief justice emeritus and associate justice emeritus; and for other purposes.
Referred to Committee on Special Judiciary.

HB 303. By Mr. Hale of Dade:
A bill to repeal section 53-504 of the 1933 Code of Georgia relating to contracts of sale by a wife of her separate estate to her husband or trustee; and for other purposes.
Referred to Committee on General Judiciary.

HB 305. By Messrs. Johnson and Barton of Hall:
A bill to amend an act entitled "Gainesville Retirement Fund"; and for other purposes.
Referred to Committee on Municipal Government.

HB 306. By Mr. Walker of Telfair:
A bill entitled an act to provide for the appointment of a probation officer for Telfair County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 308. By Messrs. Jennings and Kidd of Baldwin:
A bill to abolish the office of county treasurer of Baldwin; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 314. By Mr. Sheffield of Brooks:
A bill to cause the County Commissioners of Brooks County to pay a pension of $100.00 per month to law enforcement officers of Brooks County who are permanently disabled in line of duty; and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, FEBRUARY 4, 1949

321

HB 340. By Messrs. Walton, Alverson and Smith of Fulton: A bill to permit the Board of Commissioners of Roads and Revenues of Fulton County to raise and expend money for recreational and athletic purposes; and for other purposes.
Referred to Committee on Counties and County Matters. HB 352. By Messrs. Durden and Davis of Dougherty:
A bill to amend an act captioned Dougherty County Board of Commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 353. By Messrs. Durden and Davis of Dougherty: A bill establishing the City Court of Albany; and for other purposes.
Referred to Committee on Counties and County Mattei's.
HB 366. By Messrs. Covington, Moulton and Terrell of Floyd: A bill to amend section 3 of the act of 1918 creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.

HB 378. By Mr. Boone of Wilkinson:
A bill to amend an act relating to the Board of Commissioners of Roads and Revenues of Wilkerson County; and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read and adopted:
HR 71. By Messrs. Twitty and Hand of Mitchell:
A resolution to request that the Governor scan carefully all bills providing for increase in wages or salaries and to provide for the appointment of a committee to study such bills to determine their merit; and for other purposes.

Mr. Housley of the 32nd 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 Governor:

SB 21.

SB 29.

SB 30.

SB 74.

SB 75.

Respectfully submitted, Housley of the 32nd District, Chairman

322

JOURNAL OF THE SENATE,

Mr. Smith of the 37th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 103. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. McCoy of the 4th 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 bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 79. Do Pass.

Respectfully submitted, McCoy of 4th District, Chairman

Mr. Gholston of the 30th District, chairman of the Committee on University System of Georgia, submitted the following report :

Mr. President:
Your Committee on University System of Georgia 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 12. Do Pass.

Respectfully submitted, Gholston of 30th District, Chairman

Mr. Brooks of the 50th 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 consid-
eration 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 33. Do Pass as amended.

Respectfully submitted, Brooks of 50th District, Chairman

FRIDAY, FEBRUARY 4, 1949

323

Mr. Overby of the 33rd 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:

HB 160. Do Pass. SB 93. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

The following bills and resolutions of the Senate and House, favorably reported, were read the second time:
SB 79. By Senator McCoy of the 4th:
A bill to require premarital examinations for syphilis ; and for other purposes.

SB 93.

By Senators Dykes of the 14th, Stark of the 35th, Tarver of the 48th, Rich of the 8th, Land of the 24th, Land of the 51st, Massey of the 44th, Coleman of the 16th, Zellner of the 22nd, Boyett of the 11th, and Bryant of the 43rd :

A bill to establish a State Racing Commission; to provide for holding and conducting race meetings and for licensing and taxing such racing; to provide and regulate the making of pari mutuel pools within licensed race tracks; and for other purposes.

SR 33. By Senator Pilcher of the 19th:
A resolution to amend the Constitution by adding paragraph I of section VII of article V to create a State Highway Board of three members to be elected by the General Assembly; and for other purposes.

HB 103. By Messrs. McMillan and Tarbutton of Washington, Kemp of Clayton, Smith of Bryan, Hall of Toombs, and others:
A bill to amend an act, relating to the powers and duties of county boards of education; and for other purposes.

HB 160. By Messrs. Durden and Davis of Dougherty:
A bill to provide for certified public weighers, to provide for appointment of same; and for other purposes.

HR 12. By Messrs. Greer of Lanier and Smith of Bryan:
A resolution to request the Board of Regents to carry out provisions of an act setting up a state owned hospital at Augusta, for the University of Georgia Medical School.

324

JOURNAL OF THE SENATE,

Senator Purdom of the 46th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary, read the second time and recommitted :
HB 78. By Messrs. Covington and Terrell of Floyd, Ray of Warren, and others:
A bill to amend an act entitled "Notaries Public-Method of Appointment Changed-Powers, Duties, Fees"; and for other purposes.
The consent was granted and the bill was read the second time.

The following local bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 89. By Senator Grayson of the 1st:
A bill to authorize a Savannah River Commission to build, maintain and operate municipally owned river bridges across the Savannah River into the State of South Carolina; to provide the rate or tolls to be charged; and for other purposes.
The report 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 88. By Senator Grayson of the 1st:
A bill to change the name of Armstrong Junior College to Armstrong College of Savannah and provide for three additional ex-officio members of the board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 24.

By Senator Grayson of the 1st:
A resolution that the State Librarian furnish the clerk of the Superior Court of Chatham County such law books as described herein; 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.

HB 197. By Messrs. Johnson and Barton of Hall:
A bill to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 4, 1949

325

On the passage of the bill, the ayes were 30, nays 0.. The bill, having received the requisite constitutional majority, was passed.

HB 208. By Mr. Harden of Ben Hill:
A bill to amend an act revising the charter of the City of Fitzgerald; and for other purposes.
The report 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 225. By Mr. Hale of Dade:
A bill to provide 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 230. By Mr. Evitt of Catoosa:
A bill to amend an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 235. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act providing for the fee for legal advertisement, to provide that counties having a city therein with a population greater than 200,000 shall charge a rate of $1.25 for each insertion of the legal ad for the first four insertions; and for other purposes.
The report 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 250. By Messrs. Myers and Pearlman of Sumter, Coogle of Macon, and others:
A bill to amend an act to abolish the fee system now existing in the superior courts of the Southwestern judicial circuit so as to increase the salary of the solicitor general; and for other purposes.

326

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 259. By Mr. Butler of Lamar:
A bill to amend an act to authorize the City of Barnesville to establish and maintain a system of public schools by local taxation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 265. By Messrs. Johnson and Barton of Hall:
A bill to amend the charter of the City of Gainesville, so as to authorize the City Commission to enter into contracts for group life, health or accident 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 278. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
The report 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 280. By Messrs. Johnson and Barton of Hall: A bill to amend the charter of the City of Gainesville regarding compensation to 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 270. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend an act creating a Municipal Court of Atlanta, to allow

FRIDAY, FEBRUARY 4, 1949

327

justices of peace outside jurisdiction of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 32. By Senator Cochran of the 7th:
A resolution authorizing the Board of Education and County Commissioners of Thomas County to pay the funeral expenses of Levida Greene who was killed by a school bus on the school grounds at Meigs, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the House and Senate were read the third time and put upon their passage:
HB 114. By Messrs. Terrell of Floyd, Gross of Stephens and Cowart of Calhoun:
A bill to amend an act relating to the establishment of a factory for blind 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 10. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon, and Smith of Emanuel:
A bill to create a Veterans Educational Council and to provide for transfer of certain powers therein to the Department of Veterans Service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 77. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell :
A bill to amend an act relating to trade-marks, the procedure for obtaining same, costs, renewals, etc.; and for other purposes.

328

JOURNAL OF THE SENATE,

Senator Williams of the 20th offered the following amendment:
Amend HB 77 by adding at the end of section I of said bill, to immediately follow the last sentence thereof, the following:
"At least ninety (90) days before the expiration of said ten (10) year period, as the same applies to each label, trade-mark, as form of advertisement, the Secretary of State shall cause a notice in writing to be forwarded by regular United States mail to each holder of such label, trade-mark, as form of advertisement, at said holder's last known address advising said holder of the expiration date of the same."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 97. By Messrs. Smith of Emanuel and Ray of Warren:

A bill to amend an act relating to the Secretary of State-Securities Di-

vision-Examiners; and for other purposes.



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

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

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

HB 33. By Mr. Gross of Stephens: A bill to amend an act relating to the conversation of National Bank into State Bank; and for other purposes.
The report 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 34. By Mr. Griggs of Habersham: A bill to amend title 14 of Georgia Code of 1933 pertaining to bills and notes, by adding a new section; and for other purposes.
The report 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 64. By Messrs. Langdale and Mathis of Lowndes, Swindle of Berrien, Witherington of Echols and Hollis of Muscogee:
A bill to amend an act relative to permissive holidays in counties having a population of 70,000 or more; and for other purposes.

FRIDAY, FEBRUARY 4, 1949

329

The report 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 3.
The bill, having received the requisite constitutional majority, was passed.

SB 41. By Senator Lunsford of the 9th:
A bill to provide for the levy of a maintenance tax for state purposes on motor vehicles operated as rolling stores; and for other purposes.
Senator Lunsford of the 9th 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:

Boyett Clary Daniel Davis Florence

Gholston Grayson Lunsford Mason McCoy

Purdom Rackley Roddenberry

Those voting in the negative were Senators:

Ansley Blalock Brooks Bryant Cochran Dykes Foster Higginbotham Housley Jones

Land, 51st Land, 24th LeCraw Massey Overby Padgett Peterson Pilcher Pittman Rowland

Saunders Sims Smith Stark Swint Tarver Turner Zellner

On the passage of the bill, the ayes were 13, nays 28.

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

lost.



Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.

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

330

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, February 7, 1949.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Rev. W. B. Stewart, First Presbyterian Church of Bainbridge, Georgia.

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

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Dykes Florence Foster Garrett Gholston Grayson Harrison

Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Peterson Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

The following Senators did not answer to their names: Brooks, Eve, Gary, and Harris.

Senator Tarver of the 48th 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 Pilcher of the 19th 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 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.

MONDAY, FEBRUARY 7, 1949

331

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 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell:
A bill to amend an act relevant to the publication of corporation charters; and for other purposes.
HB 148. By Messrs. Kemp of Clayton, Duncan of Carroll and others: A bill providing that all persons 65 years of age or over who are residents of Georgia are entitled to receive honorary hunting and fishing licenses for life; and for other purposes.
HB 152. By Messrs. Smith, Walton and Alverson of Fulton: A bill to amend the Code of Georgia of 1933, section 49-612, to permit the temporary confinement of insane persons; and for other purposes.
HB 161. By Messrs. Adams of Brantley, McMillan of Washington and others: A bill to amend section 24-1710 of the Code of Georgia, providing for proceedings when ordinary disqualified; and for other purposes.
HB 176. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend the act creating the Civil Court of Fulton County, to increase the salaries of the judges; and for other purposes.
HB 179. By Messrs. Davis and Durden of Dougherty: A bill to amend section 68-312 of the 1933 Georgia Code, relating to the regulation of motor vehicles; and for other purposes.

HB 195. By Mr. Nightingale of Glynn:
A bill to amend the corporation charter act of 1938; and for other purposes.

HB 213. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to increase the salary of the solicitor general of Richmond Judicial Circuit; and for other purposes.

HB 214. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act of the General Assembly approved March 9, 1945, fixing the salaries of the court reporter and bailiff to the Superior Court judge; and for other purposes.

HB 215. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to fix the salaries of criminal bailiffs in counties with certain population; and for other purposes.

332

JOURNAL OF THE SENATE,

HB 219~ By Messrs. Kidd and Jennings of Baldwin, Covington of Floyd, and others:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes in Georgia; and for other purposes.

HB 272. By Messrs. Twitty of Mitchell, Lewis of Hancock, and others:
A bill to amend section 74-414 of the 1933 Code of Georgia, relating to the status of an adopted child; and for other purposes.

HB 277. By Mr. Moore of Dodge:
A bill providing and appropriating funds for reimbursement and compensation of Archie T. Coffee and his wife; and for other purposes.

HB 287. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act to incorporate Doraville; to appoint commissioners for the same; and for other purposes.

HB 288. By Messrs. Howard, McWhorter and Hubert 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"; and for other purposes.

HB 291. By Messrs. McWhorter, Hubert and Howard of DeKalb, Kemp of Clayton, and others :
A bill to provide that the salary of the judge of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County; and for other purposes.

HB 292. By Messrs. Ellis and Vickers of Coffee: A bill to amend an act approved March 26, 1937, entitled an act to create the office of Commissioner of Roads and Revenues in the County of Coffee; and for other purposes.
HB 293. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill providing for the merger of the existing independent school systems of the City of Columbus; and for other purposes.
HB 294. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to provide for the use of voting machines in any and all counties in the State of Georgia having a certain population; and for other purposes.
HB 295. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus in the County of Muscogee; and for other purposes.

MONDAY, FEBRUARY 7, 1949

333

HB. 302. By Mr. Twitty of Mitchell:
A bill to amend the act of the General Assembly of Georgia, creating the office of judge emeritus, so as to make further and additional pro-_ vision for the eligibility of persons for such office; and for other purposes.

HB 307. By Mr. Walker of Telfair: A bill to amend the charter of the City of McRae; and for other purposes.
HB 309. By Messrs. Jennings and Kidd of Baldwin: A bill to change the compensation of the clerk of the Sup_erior Court, the sheriff and the ordinary of Baldwin County; and for other purposes.

HB 310. By Messrs. Jennings and Kidd of Baldwin: A bill to abolish the offices of tax collector and tax receiver in the County of Baldwin; and for other purposes.
HB 319. By Messrs. Myers and Pearlman of Sumter: A bill to provide that Sumter County shall provide for a permanent pension fund for present and future employees; and for other purposes.
HB 324. By Messrs. Smith, Alverson and Walton of Fulton:
A bill providing for licensing and regulation of boarding homes for ciiil-
dren in unincorporated areas in counties with certain population; and for other purposes.
HB 330. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend the act approved March 27, 1947 (Georgia Laws 1947, p.1174) relating to the procedure for a judgment of restoration to sanity; and for other purposes.
HB 331. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend an act approved August 16, 1915, .relating to. juvenile courts so as to fix the salary of the judge of the juvenile court in counties with certain population; and for other purposes.
HB 333. By Messrs. Alverson, Walton and Smith of Fulton: A bill increasing the number of jurors and grand jurors in counties of 300,000 or more; and for other purposes.
HB 334. By Messrs. Walton, Smith and Alverson of Fulton: A bill to authorize the county authority in counties with certain population to regulate the parking of vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.
HB 337. By Messrs. Walton, Alverson and Smith of Fulton: A bill to authorize counties with certain population to acquire~ improve

JOURNAL OF THE SENATE,
and maintain public parks anywhere within their limts; and for other purposes,
HB 338. By Messrs. Alverson, Walton and Smith of Fulton: A bill to fix the compensation of assessors in eminent domain proceedings, in counties with certain population; and for other purposes.
HR 5s~41b: 'By 'Messrs. Smith and Edenfield of Emanuel:
A resolution to provide compensation to Mrs. Garland Fields for the loss of her husband while in line of duty as an employee of the Georgia Bureau 'of Investigation.
HB 343. By Messrs. Kellam and Malone of Laurens, Rowland of Johnson, and others: A bill to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.
HB 844. By Mr. Bennett of Barrow: A bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues for the County of Barrow" ; and for other purposes.
HB 345. By Messrs. Cohen, Bell and Coleman of Richmond: A bill to amend an act approved February 23, 1945, creating Richmond employees pension fund; and for other purposes.
HB 346. By Mr. Twitty of Mitchell: A bill to provide for the approval and adoption of, and to adopt and make of force, a supplement to the Code of Laws of the State of Georgia, known as the Code of Georgia of 1933; and for other purposes.
HB 347. By Messrs. Bell, Cohen and Coleman of Richmond: A bill to provide for an annual salary for coroners in counties in Georgia with not less than 81,800 and not more than 83,000 population; and for other purposes.
HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell: A bill to amend an act relevant to the publication of corporation charters; and for other purposes.
HB 351. By Messrs. Carmical and Cranford of Coweta: A bill to amend the charter of the City of Newnan; and to provide for a system of retirement benefits therein for employees of said city; and for other purposes.
HB 358. By Messrs Hubert, Howard and McWhorter of DeKalb: A bill to amend the act of 1908, approved August 17, 1908, found in

MONDAY, FEBRUARY 7, 1949

335

Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.

HB 369. By Mr. Tillman of Appling:
A bill to amend an act creating a Board of Commissioners. of Roads and Revenues of Appling County; and for other purposes.

HB 374. By Mr. Smith of Emanuel:
A bill to provide that no person shall receive appointment to the Georgia Bureau of Investigation unless such person has served at least 12 months as a member of the uniform division of the Department of Public Safety; and for other purposes.

HB 376. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act abolishing the fee system for the solicitor general of the Atlanta Judicial Circuit; and for other purposes.

HB 377. By Mr. Denton of Paulding:
A bill to abolish the offices of tax receiver and tax collector of Paulding County; and for other purposes.

HB 384. By Mr. Mangum of Columbia:
A bill to fix the sum of money to be paid to the solicitor general of the Augusta Judicial Circuit by Columbia County; and for other purposes.

HB 385. By Messrs. Cates and Bargeron of Burke:
A bill to establish the City Court of Waynesboro, in and for the County of Burke; and for other purposes.

HB 386. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act of the General Assembly of Georgia entitled "An act to establish the City Court of Waynesboro in and for the County of Burke; and for other purposes.

HB 389. By Messrs. Myers and Pearlman of Sumter:
A bill to amend an act entitled "An act to amend, revise and consolidate the several acts granting corporate authority of the City of Americus; and for other purposes.

HB 391. By Mr. Dorsey of White:
A bill to amend an act entitled "White Tax Commissioner"; and for other purposes.

HB 393. By Mr. Swindle of Berrien:
A bill to amend an act of the General Assembly of Georgia approved February 22, 1933, providing for the holding of four terms each year of Berrien Superior Court; and for other purposes.

336

JOURNAL OF THE SENATE,

HB 394. By Mr. Edwards of Effingham:
A bill to provide for the fees of the coroner of Effingham County; and for other purposes.

HB 396. By Mr. Leach of Rockdale:
A bill to amend an act to provide for the hours of holding all general, special or primary elections in the State of Georgia; and for other purposes.

HB 399. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; and for other purposes.

HB 405. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to increase the personnel of the Fulton County Planning Commission and Board of Zoning Appeals; and for other purposes.

HB 407. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend an act entitled "An act to establish the City Court of LaGrange"; and for other purposes.

HB 409. By Mr. Greer of Lanier:
A bill to amend an act approved August 11, 1925; changing the time of meeting for the mayor and council of the City of Lakeland; and for other purposes.

HB 410. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize and empower proper county authorities of counties with certain population to levy, assess, require charge, and collect license and occupation taxes for revenue; and for other purposes.

HB 412. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and approve that ordinance passed by the mayor and council of the City of Macon closing Wall Street Alley; and for other purposes.

HB 413. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize the clerk of the Superior Court of any county that has no population less than 83,000 or more than 86,000, to install and use photostatic equipment; and for other purposes.

HB 416. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to ratify a certain sale of described land by the City Commission of Columbus to Swift Manufacturing Company; and for other purposes.

MONDAY, FEBRUARY 7, 1949

337

HB 417. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, permitting the city to operate parking lots; and for other purposes.

HB 418. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill amending the charter of the City of Columbus; and for other purposes.

HB 419. By Mrs. Blitch of Clinch:
A bill to amend the charter of the City of Homerville; and for other purposes.

SB 48. By Senator Grayson of the 1st:
A bill amending the act creating and establishing the Municipal Court of Savannah; and for other purposes.

SB 58. By Senator Grayson of the 1st :
A bill providing for a salary of one thousand dollars per year to be paid to the judge of the Superior Court of the Eastern judicial circuit of Georgia by the commissioners of Chatham, in addition to that now provided for by the Constitution of the State; and for other purposes.

SB 67. By Senators Purdom of the 46th, Rodenberry of the 3rd, and others: A bill to regulate and stipulate the salary of the solicitor general of the Waycross judicial circuit; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to wit:

SB 71. By Senator Smith of the 37th:
A bill to extend the corporate limits of the City of Carrollton; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 64. By Messrs. Tarbutton and McMillan of Washington:
A resolution that the Ports Authority acting through its proper officials furnish to the General Assembly of Georgia, within five days from the adoption of this resolution, certain information; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 221. By Messrs. Langdale 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 ; and for other purposes.

338

JOURNAL OF THE SENATE,

HB 411. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend an act of 1873, establishing the Board of Commissioners of Bibb County; and for other purposes.
The following bill of the House was taken up for the purpose of considering a House amendment thereto:

SB 71. By Senator Smith of the 37th:
A bill to extend the corporate limits of the City of Carrollton three-fourths of a mile beyond the territorial limits now fixed by law; and for other purposes.

The House amendment was as follows:
Amend section 2 of SB 71 by striking therefrom section 2 in its entirety and substituting in lieu thereof the following also to be known as section 2 :
"Section 2. Be it further enacted that, within 60 days after the enactment of this law, the mayor and city council of Carrollton, Georgia, after giving two weeks notice in advance of said election date, and. all citizens who were entitled to vote in the last November, 1948, general election shall be entitled to vote in said elections; and there shall be two ballot boxes, one for those qualified voters residing within the present city limits of Carrollton, Georgia, and one for those qualified voters residing outside the city limits of Carrollton, Georgia, and within that area to be affected by the extension of said city limits according to this bill; and that ballots shall be prepared for said election,upon which shall be written or printed 'For extension of corporate limits' and 'against extension of corporate limits'; that those voting in either box favoring the extension shall so indicate by striking out 'against extension of corporate limits', and those voting against the extension of the corporate limits shall so indicate by striking out 'for extension of corporate limits' on said ballots.
If a majority of those voting inside the city limits of Carrollton shall vote in favor of the extension of the corporate limits, and a majority of those voting in the area to be affected 'by the extension shall vote in favor of the extension of the corporate limits, said act shall become effective immediately if a majority of those voting in either box vote against the extension of the corporate limits, said act shall become null and void and of no effect."
Senator Smith of the 37th moved that the Senate agree to the House amendment, and the motion prevailed.
On the. motion to agree to the amendment, the ayes were 35, nays 0, and the amendment was agreed to.
The following bills and/or resolutions of the Senate were introduced, read the first itme and referred to the committees:
SB 101. By Senator Smith of the 37th:
A .bill to provide that upon their own motion or upon the application of an~ ;party of interest, the State Board of Workmen's Compensation may

MONDAY, FEBRUARY 7, 1949

339

within three years review any decision, awa,rd or judgment of said board against such claimant when it is made to appear that the disability, injury or incapacity has materially worsened and that such disability, injury or incapacity resulted from accident; and for other purposes.
Referred to Committee on Industrial Relations.

SB 102. By Senator Land of the 24th:
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.
Referred to Committee on Municipal Government.

SB 103. By Senator Swint of the 26th:
A bill to prevent any member of the General Assembly of Georgia from selling to the State of Georgia, or to any of its bureaus or agencies, any personal or real property during the period of the terms of office to which he shall have been elected.
Referred to Committee on State of Republic.

SR 34. By Senator Smith of the 37th:

A resolution proposing an amendment to article VI, section II, paragraph

IV of the Constitution of this State by adding to said paragraph IV an

additional paragraph providing that the Supreme Court shall have juris-

diction to render advisory opinions provided the advisory opinion re-

quested concerns a matter of grave public importance; and shall relate to

the construction of the Constitution of this State or any provision

thereof.

.

Referred to Committee on General Judiciary.

SR 35. By Senator Swint of the 26th:

A resolution providing that the members of the Labor Committee of the House of Representatives of the United States Congress are hereby urged and requested to continue to allow farm labor and the employees of primary processors of agriculture products to be exemptell .from the provisions and requirements of the Federal wage and hour laws.

Referred to Committee on Industrial Relations.

SR 36.

'. .__ ~
By Senator Bryant of the 43rd:
to A resolution designating State Highway Route 71 from Dalton tlte
Tennessee line as the "Doug Puryear Highway'~; .an<Lfor.. other purposes.

Referred to Committee on Highways. and Public Roads.. : ..

340

JOURNAL OF THE SENATE,

SB 104. By Senator Grayson of the 1st:
A bill to alter and amend an act to incorporate the Savannah Volunteer Guards of the City of Savannah approved December 22, 1881; and for other purposes.
Referred to Committee on Military Affairs.

SB 105. 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 by creating a Savannah Airport Commission; and for other purposes.
Referred to Committee on Municipal Government.

SB 106. By Senator Stark of the 35th:
A bill to amend section 54-628 of the official Code of Georgia of 1933, to provide a definite term of office for the director of employment security agency; and for other purposes.
Referred to Committee on Special Judiciary.

SB 107. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act approved August 8, 1924, entitled "An act to revise and amend the game and fish laws of the State of Georgia, to create a State Board of Game and Fish and a tidewater commissioner; to repeal conflicting laws; to provide for compensation of the commissioner and members of the board; to provide for county game and fish wardens .and tidewater patrolmen and inspectors; and for other purposes.
Referred to Committee on Game and Fish.
SB 108. By .Senators Land of the 51st and Smith of the 37th:
A bill to amend an amendment to section 17 of the act approved August 8, 1924, relating to game and fish and creating a state board, a state commissioner, a tidewater commissioner, wardens, etc., and striking section 37 of Ga. Laws 1937 in its entirety and inserting in lieu thereof another section providing that there shall be a tax on oysters; and for other purposes.
Referred to Committee on Game and Fish.
SB 109. By Senator Stark of the 35th:
A bill to create a board of moving picture censors; to provide their term of appointment, powers and duties; and for other purposes.
Referred to Committee on State of Republic.
SB 110. By Senator Ursrey of the 54th:
A bill to create a State Livestock Sanitary Board, define its duties, amend the livestock and dairy laws; and for other purposes.
Referred to Committee on Agriculture.

MONDAY, FEBRUARY 7, 1949

341

SB 111. By Senators Land of the 51st and Smith of the 37th:
A bill to amend section 6 of the Acts of 1943, Ga. Code of 1933, relating to the compensation and expense and meetings of the commissions of the game and fish department; and for other purposes.
Referred to Committee on Game and Fish.

SB 112. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act in Ga. Laws of 1945 entitled "An act to amend section 45-210 of the Code of 1933 relating to license fees levied on commercial fishing boats by providing that the license therein provided shall bear the date of January 1 of the year issued and shall expire on December 31st of the year issued; and for other purposes so as to increase the licenses on commercial fishing boats; and for other purposes.
Referred to Committee on Game and Fish.

The following bills and/or resolutions of the House were read the first time and referred to the committees: HB 148. By Messrs. Kemp of Clayton, Duncan of Carroll, and others:
A bill to provide that all persons 65 years of age or over who are residents of Georgia are entitled to receive honorary hunting and fishing licenses for life; and for other purposes. Referred to Committee on Game and Fish.
HB 152. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend the Code of Georgia of 1933 to permit the temporary confinement of insane persons; and for other purposes. Referred to Committee on Special Judiciary.
HB 161. By Messrs. Adams of Brantley, McMillan of Washington, and others: a bill to amend section 24-1701 of the Code of Georgia, providing for proce11dings when ordinary disqualified; and for other purposes.
Referred to Committee on General Judiciary.
HB 176. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend the act creating the Civil Court of Fulton County, to increase the salaries of the judges; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 179. By Messrs. Davis and Durden of Dougherty:
A bill to amend the 1933 Code, relating to the regulation of motor vehicles; and for other purposes.
Referred to Committee on Motor Vehicles.

342

JOURNAL OF THE SENATE,

HB 195. By Mr. Nightingale of Glynn: A bill to amend the corporation charter act of 1938; and for other pur-
pose~;~.
Referred to Committee on State of Republic.

HB 213. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to increase the salary of the solicitor general of Richmond Judicial Circuit ; and for other purposes.
Refer:J:ed to Committee on Counties and County Matters.

HB 214. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act and fixing the salaries of the court reporter and bailiff to the superior court judge; and for other purposes.
Referred to Committee on Special Judiciary.

HB 215. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to fix the salaries of criminal bailiffs in counties with certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 219. By Messrs. Kidd and Jennings of Baldwin, Covington of Floyd, and others:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes in Georgia; and for other purposes.
Referred to Committee on General Judiciary.

HB 221. By Messrs. Langdale and Mathis of Lowndes: A bill to amend an act entitled "An act to amend the charter of the City of Valdosta"; and for other purposes.
Referred to Committee on Municipal Government.
HB 272. By Messrs. Twitty of Mitchell, Lewis of Hancock, and others: A bill to amend the Code, relating to the status of an adopted child; and for other purposes.
Referred to Committee on Special Judiciary.
HB 277. By Mr. Moore of Dodge: : .i A bill providing and appropriating funds for reimbursement .and compensation of Archie T. Coffee and his wife; and for other purposes.
Referred to Committee on Appropriations.

MONDAY, FEBRUARY 7, 1949

343

HB 287. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act to incorporate the Town of Doraville; to appoint commissioners for the same; and for other purposes.
Referred to Committee on Municipal Government.

HB 288. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to amend an act entitled "An act to change from the fee to the salary system in certain counties"; and for other purposes.
Referred to Committee on Special Judiciary.

HB 291. By Messrs. McWhorter, Hubert and Howard of DeKalb, Kemp of Clayton, and others :
A bill to provide that the salary of the judge of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 292. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved 1937 entitled an act to create the office of Commissioners of Roads and Revenues in the County of Coffee; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 293. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill providing for the merger of the existing independent school systems of the City of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 294.By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to provide for the use of voting machines in any and all counties in the state having a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 295. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus in the County of MUseogee; and for other purposes.
Referred to Committee on Municipal Government.

HB 302. By Mr. Twitty of Mitchell:
A bill to amerid the act of the General Assembly of Georgia, creating thenoffice of judge emeritus, so as to make further and additional provision for the eligibility of persons for such office; and for other purposes.
Referred to Committee on General Judiciary.

344

JOURNAL OF THE SENATE,

HB 307. By Mr. Walker of Telfair: A bill to amend the charter of the City of McRae; and for other purposes.
Referred to Committee on Municipal Government.

HB 309. By Messrs. Jennings and Kidd of Baldwin:
A bill to change the compensation of the clerk of the Superior Court, the sheriff and the ordinary of Baldwin County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 310. By Messrs. Jennings and Kidd of Baldwin:
A bill to abolish the offices of tax collector and tax receiver in the County of Baldwin; and for other purposes. Referred to Committee on Counties and County Matters.

HB 319. By Messrs. Myers and Pearlman of Sumter:
A bill to provide that Sumter County shall provide for a permanent pension fund for present and future employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 324. By Messrs. Smith, Alverson and Walton of Fulton:
A bill providing for licensing and regulation of boarding homes for children in unincorporated areas in counties with certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 330. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend the act approved March 27, 1947 (Georgia Laws 1947, p. 1174) relating to the procedure for a judgment of restoration to sanity; and for other purposes.
Referred to Committee on Special Judiciary.

HB 331. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act approved August 16, 1916, relating to juvenile courts so as to fix the salary of the judge of the juvenile court in counties with certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 333. By Messrs. Alverson, Walton and Smith of Fulton:
A bill increasing the number of jurors and grand jurors in counties of 300,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 7, 1949

345

HB 334. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to authorize the county authority in counties with certain population to regulate the parking of vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 337. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to authorize counties with certain population to acquire, improve and maintain public parks anywhere within their limits; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 338. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to fix the compensation of assessors in eminent domain proceedings, in counties with certain population; and for other purposes. Referred to Committee on Counties and County Matters.

HB 343. By Messrs. Kellam and Malone of Laurens, Rowland of Johnson, and others:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary.

HB 344. By Mr. Bennett of Barrow:
A bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues for the County of Barrow"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 345. By Messrs. Cohen, Bell and Coleman of Richmond:
A bill to amend an act approved February 23, 1945, creating Richmond employees pension fund; and for other purposes. Referred to Committee on Counties and County Matters.

HB 346. By Mr. Twitty of Mitchell:
A bill to provide for .the approval and adoption of, and to adopt and make of force, a supplement to the Code of Laws of the State of Georgia, known as the Code of Georgia of 1933; and for other purposes.
Referred to Committee on General Judiciary.

HB 347. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to provide for an annual salary for coroners in counties in Georgia with not less than 81,800 and not more than 83,000 population; and for other purposes.
Referred to Committee on Counties and County Matters.

346

JOURNAL OF THE SENATE,

HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell:
A bill to amend an act relevant to the publication of corporation charters; and for other purposes.
Referred to Committee on General Judiciary.

HB 351. By Messrs. Carmical and Cranford of Coweta:
A bill to be entitled an act to amend the charter of the City of Newnan,
and to provide for a system of retirement benefits therein for employees
of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 358. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, found in Georgia laws of 1908, page 542, creating a charter for t~e Town of Chamblee in DeKalb County; and for other purposes.
Referred to Committee on Municipal Government.

HB 369. By Mr. Tillman of Appling:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Appling County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 374. By Mr. Smith of Emanuel: A bill to provide that no person shall receive appointment to the Georgia Bureau of Investigation unless such person has served at least 12 months as a member of the uniform division of the Department of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.
HB 376. By Messrs,. Alverson, Smith and Walton of Fulton: A bill to amend an act abolishing the fee system for the solicitor general of the Atlanta Judicial Circuit; and for other purposes.
Referred to the Committee on State of Republic.
HB 377. By Mr. Denton of Paulding: A bill to abolish the offices of tax receiver and tax collector of Paulding County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 384. By Mr. Mangum of Columbia: A bill to fix the sum of money to be paid to the solicitor general of the Augusta Judicial Circuit by Columbia County; and for other purposes.
Referred to the Committee on Counties and County Matters.

MONDAY, FEBRUARY 7, 1949

347

HB 385. By Messrs. Cates and Bargeron of Burke:
A bill to establish the City Court of Waynesboro, in and for 'the County of Burke; and for other purposes. Referred to Committee on Municipal Government.

HB 386. By Messrs.: Cates and Bargeron of Burke:
A' bill to amend an act of the General Assembly of Georgia entitled "An act to establish the City Court of Waynesboro in and for the County of Burke"; and for other purposes.
Referred to Committee on Counties and County Matters.

I

J
'

B-

. 389.

By .'

M.~ ess..rs.

Myers

and

Pearlman

of

Sumter:

A bill to amend an act entitled "An act to amend, revise and consolidate

the several acts granting corporate authority of the City of Americus;

and for other purposes.

Referred to Committee on Municipal Government.

HB 39L By Mr. Dorsey of White:
A bill to amend an act entitled "White Tax Commissioner"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 393. By Mr. Swindle of Berrien:
A bill to amend an act of the General Assembly of Georgia approved February 22, 1933, providing for the holding of four terms each year of Berrien Superior Court; and for other purposes.
Referred to the Committee on General Judiciary.
HB 394. :By Mr. Edwards of Effffingham:
A bill to provide for the fees of the coroner of Effingham County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 396. By Mr. Leach of Rockdale:
A bill to amend an act to provide for the hours of holding all general, special or primary elections in the state; and for other purposes.
Referred to the Committee on State of Republic.

HB 399. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; and for other purposes.
Referred to Committee on Counties and County Matters.

348

JOURNAL OF THE SENATE,

HB 405. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to increase the personnel of the Fulton County Planning Commission and Board of Zoning Appeals; and for other purposes. Referred to Committee on Counties and County Matters.

HB 407. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend an act amending an act entitled "An act to establish the City Court of LaGrange"; and for other purposes. Referred to Committee on Counties and County Matters.

HB 409. By Mr. Greer of Lanier:
A bill to amend an act changing the time of meeting for the mayor and council of the City of Lakeland; and for other purposes. Referred to Committee on Municipal Government.

HB 410. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize and empower county authorities of counties with certain population to levy, assess, require, charge and collect license and occupation taxes for revenue; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 411. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend an act of 1873, establishing the Board of Commissioners of Bibb County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 412. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and approve that ordinance passed by the mayor and council of the City of Macon closing Wall Street alley; and for other purposes.
Referred to Committee on Municipal Government.

HB 413. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill to authorize the clerk of the Superior Court of any county that has no population less than 83,000 or more than 86,000 to install and use photostatic equipment; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 416. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to ratify a certain sale of described land by the city commission of Columbus to Swift Manufacturing Company; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 7, 1949

349

HB 417. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, permitting the city to operate parking lots; and for other purposes.
Referred to Committee on Municipal Government.

HB 418. By Messrs. Hollis, Shields, and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus; and for other purposes.
Referred to Committee on Municipal Government.

HB 419. By Mrs. Blitch of Clinch:
A bill to amend the charter of the City of Homerville ; and for other purposes.
Referred to Committee on Municipal Government.

HR 56. By Messrs. Smith and Edenfield of Emanuel:
A resolution to provide compensation to Mrs. Garland Fields for the loss of her husband while in the line of duty as an employee of the Georgia Bureau of Investigation.
Referred to Committee on Appropriations.

The following resolution was read and adopted:
HR 64. By Messrs. Tarbutton and McMillan of Washington:
A resolution that the Ports Authority, acting through its proper officials, furnish to the General Assembly of Georgia, within five days from the adoption of this resolution, certain information; and for other purposes.
Mr. Housley of the 32nd 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 Governor :
SB 25.
SB 43.
SB 45.

SB 59. SB 57.

350

JOURNAL OF THE SENATE,

SB 48.

SB 54. SB 71.

SR 6.

Respectfully submitted, Housley of 32nd District, 'Chairman

Mr. Housley of the 32nd 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 88.
SB 89. SB 34.
SR 24.
SR 32. Respectfully submitted,
Housley of 32nd District,
Chairman

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 107. Do Pass.

HB 159. Do Pass.

HB 78. Do Pass as amended.

Respectfully submitted, Smith of 37th District,

Chairman

MONDAY, FEBRUARY 7, 1949

351

Mr. Higginbotham of the 31st 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 recommendation:

HB 313. Do Pass.

Respectfully submitted, Higginbotham of 31st District,
Chairman

The following bills of the House, favorably reported by the committee, were read the second time :
HB 78. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell :
A bill to amend an act entitled "Notaries Public-Method of Appointment changed-Powers, Duties, Fees"; and for other purposes.
HB 107. By Messrs. Smith of Emanuel and Cowart of Calhoun:
A bill to amend an act known as the Motor Fuel Tax Law; to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than for the propulsion of motor vehicles upon the public highways; and for other purposes.
HB 159. By Messrs. Rowland of Johnson and Kitchens of Twiggs: A bill to amend an act relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official court reporter of the Dublin Judicial Circuit; and for other purposes.
HB 313. By Mr. Sheffield of Brooks: A bill to authorize and empower, direct and require the Board of City Commissioners of Quitman to provide an ad valorem tax on all real and personal property within the corporate limits of said City of Quitman of two mills for the years 1949 and 1950 only; and for other purposes.
The following resolution was read and adopted :
A RESOLUTION By Senators Swint of the 26th and Pilcher of the 19th:
WHEREAS, it has come to the attention of the Senate of the State of Georgia that there is a songbird residing in Griffin, Georgia, and
WHEREAS, her reputation for singing has spread over the state

352

JOURNAL OF THE SENATE,

and has been made known to some of the members of the Senate of the State of Georgia, and
WHEREAS, some of the members desire that all of the members do hear Miss Angie Claridy of Griffin, Georgia.
NOW, THEREFORE, BE IT RESOLVED by the Senate that Senator Swint of the 26th Senatorial District be and he is hereby authorized to invite said Miss Angie Claridy to appear in the Senate Chamber of the State of Georgia on Wednesday, February 9, 1949, at 10 o'clock A. M. for the purpose of making her reputation known to all members of the Senate of the State of Georgia.

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

Mr. President :
The House disagrees to Senate amendment to the following bill of the House, to wit:
HB 35. By Messrs. Gross of Stephens, Green of Rabun and others:
A bill to organize a new judicial circuit for the State of Georgia; and for other purposes.
Senator Foster of the 40th moved that the Senate recede from its action in amending the following bill of the House:

HB 35. By Messrs. Gross of Stephens, Green of Rabun, Griggs of Habersham and others.
A bill to create and organize a new judicial circuit for the State of Georgia to be called the Tugalo Judicial Circuit; and for other purposes.
On the motion to recede, the ayes were 35, nays 0, and the motion prevailed.

Senator Pilcher of the 19th moved that the following bill of the House be set as a special and continuing order of business for tomorrow:
HB 2. By Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to effect a revision of all laws of this state dealing with subject of registration and qualification of voters; and for other purposes.
The motion prevailed.
The following bill of the Senate, set as a special order of business for today, was read the third time and put upon its passage:

SB 34. By Senator Gholston of the 30th, Mason of the 28th, Daniel of the 49th, Swint of the 27th, Foster of the 40th, Higginbotham of the 31st, Brooks of the 50th, Williams of the 20th, Sims of the 2nd, Florence of the 39th and Jones of the 38th:
A bill to provide for a ten-man highway commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation and tenure; to provide for a chairman of the commission.

MONDAY, FEBRUARY 7, 1949

353

to fix his salary, and duties, and provide for bond; to provide for a highway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.

Senator Pilcher of the 19th moved that the Senate recess at 12:30 until 1 :30 and the motion prevailed.
The President announced the Senate recessed until 1 :30.

The Senate reconvened at 1:30 and resumed the regular order of business.
Senator Gholston of the 30th offered the following amendment:
Amend SB 34 by adding to section 6 thereof a new sub paragraph to be known as 6 (a) and providing as follows:
"That the Hon. James L. Gillis be, and he is hereby appointed as director of the State Highway Department to serve for a period of two years from the approval of this act and until his successor is named as provided for by this act. By virtue of the training and experience of the said James L. Gillis in highway matters, it is desirable that his services be retained by the State of Georgia in inaugurating and setting up this new state highway program."
The amendment was adopted.

Senator Gholston of the 30th offered the following amendment:
Amend SB 34 by striking section 4 thereof in its entirety and substituting in lieu thereof a new section 4 to read as follows:
SECTION 4. THE STATE HIGHWAY COMMISSION: ELECTION: TERMS: VACANCIES. There is hereby created a State Highway Commission composed of ten members to be known as commissioners. One commissioner shall be elected by members of the Legislature from each congressional district in the state, which district shall be denominated a sate highway district of the same number. The election of such commissioner by the Legislature shall be from one name from each district submitted by a majority vote of a caucus called by the Speaker of the House of Representatives and the President of the Senate to consist of the members of the General Assembly who reside in the counties comprising the congressional or highway district affected, previous to which caucus each member of the district shall have at least two days' written notice thereof, and at which caucus there shall be at least three-fourths of the members of the General Assembly from the district present and voting. If no name is submitted by the caucus within fifteen days from the time required for the meeting thereof, then the members of the General Assembly from such district shall elect a commissioner from such district under such rules as the General Assembly may prescribe. Within fifteen days after the election of the commissioner, the Speaker of the House of Representatives and the President of the Senate jointly shall transmit a certificate of such election to the Governor, who, upon receipt of such notice and execution of the oath of office by such elected member, shall issue a commission thereon. The first election hereunder shall be held within fifteen days from the approval of this act, at which time the commissioner from the first, fourth and eighth highway

354

JOURNAL OF THE SENATE,

districts shall be elected for a term of two years; the commissioner from the second, fifth, sixth and ninth highway districts shall be elected for a term of four years and the commissioner from the third, seventh and tenth highway districts shall be elected for a term of six years. Thereafter the terms of commissioners shall be six years each dating from the expiration of the first term or from a subsequent six-year term, and election for commissioners shall be held by the members of the General Assembly at regular sessions thereof immediately preceding the expiration of terms of such commissioners in the same manner hereinabove provided. All commissioners hereunder shall hold office until their successors are elected and qualified. Vacancies in office occurring when the General Assembly is not in session shall be filled by appointment of the remaining commissioners from a resident of the same highway district to serve until the meeting of, and election by, the members of the General Assembly at its next regular session for the unexpired term in the same manner as commissioners are elected for a regular term. No commissioner shall succeed himself in office, except that a commissioner appointed or elected for an unexpired term may be elected for a regular term, and no senatorial district, within a highway district, shall have a commissioner for two full terms until there has been a complete rotation of the senatorial districts represented by a commissioner in the highway district. No member of the General Assembly shall be eligible to be nominated or elected to be a member of the State Highway Commission during the term for which he is elected to be a member of the General Assembly. Upon election and qualification each member of the commission shall give a bond with a duly licensed corporate surety in the sum of $10,000.00 payable to the Governor and his successors in office and to be approved by him and conditioned to faithfully discharge the duties of his office as provided in this act. The premium of such bond shall be paid from funds of the State Highway Department. Any commissioner or commissioners violating any of the provisions of this act as shown by the minutes and records of the State Highway Department shall be guilty of a misdemeanor and punished as such."
The amendment was adopted.

Senator Pilcher of the 19th offered the following substitute:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1. REPEAL OF PREVIOUS LAW CREATING STATE HIGHWAY COMMISSION, ETC. The act approved March 17, 1943 (Georgia Laws 1943, pp. 216-222) creating a State Highway Commission, a state highway director, a treasurer of the State Highway Department, providing for their appointment, terms of office, powers, duties and compensation, and relating to actions against and contracts of the State Highway Department, be, and the same is hereby repealed, and the State Highway Commission, the state highway director and the treasurer of the State Highway Department appointed under and by virtue of said act and the offices thereunder are hereby abolished and the term, tenure and perquisite of each are hereby terminated.
SECTION 2. REPEAL OF PREVIOUS LAW NOT TO BE CONSTRUED TO RESTORE STATE HIGHWAY BOARD. The repeal of said act approved March 17, 1943 (Georgia Laws 1943, pp. 216-222) creating a State Highway Commission, a state highway director, a

MONDAY, FEBRUARY 7, 1949

355

treasurer of the State Highway Department, providing for their appointment, terms of office, powers, duties and compensation, and relating to actions against and contracts of the State Highway Department shall not be construed to reinstate or restore the act approved January 30, 1941 (Georgia Laws, 1941, pp. 290-291) creating a State Highway Board, providing for its membership, terms of office, powers, duties and compensation.
SECTION 3. MANAGEMENT AND CONTROL OF STATE HIGHWAY DEPARTMENT. The State Highway Department as created and provided for in title 95, part IV, of the Code of Georgia of 1933, and acts amendatory thereof, shall be managed, and controlled in the manner hereinafter provided.
SECTION 4. THE STATE HIGHWAY BOARD: ELECTION: TERMS, VACANCIES. There is hereby created a State Highway Board, composed of three members to be known as State Highway Board, one member shall be elected by members of the Legislature from the 1st, 2nd and 8th Congressional Districts in the State of Georgia, which districts shall be denominated the Southern Highway District. One member shall be elected by members of the Legislature from the 3rd, 4th, 6th and lOth Congressional Districts in the state, which districts shall be denominated the Central State Highway District. One member shall be elected by members of the Legislature from the 5th, 7th and 9th Congressional Districts in the state, which district shall be denominated the Northern State Highway District. The election of such State Highway Board member shall be by a majority vote of the members of the General Assembly from each congressional district, included in each of the highway districts herein created. Each member of the Legislature shall have one vote at the caucus to be held hereinafter provided in electing the member of the board from each district of the state. A caucus shall be called by the Speaker of the House of Representatives and the President of the Senate of the State of Georgia within the first ten days of the convening of the General Assembly of the State of Georgia in regular session. Written notice shall be mailed to the members of the General Assembly of the State of Georgia at least two days prior to the date of said caucus. The caucus at which the election of each highway district member shall be held shall be convened in three separate places, to be designated at the State Capitol, but on the same day and at the same time. In the event that the caucus fails to elect said member of State Highway Board for said district, then the members of the General Assembly from such district shall elect a board member from such district under rules to be prescribed by the General Assembly of the State of Georgia. Within fifteen days after the election of the State Highway Board member, the Speaker of the House of Representatives and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt of such notice and execution of the oath of office by such elected member shall issue a commission thereon. The first election hereunder shall be held within fifteen days from the approval of this act at which time the commissioner from the Northern Highway District shall be elected for a term of two years; the commissioner from the Central Highway District shall be elected for a term of four years, and the commissioner from the Southern Highway District shall be elected for a term of six years. Thereafter, the terms of the members of the State Highway Board shall be six years each dating from expiration of first terms or from a subsequent six year term, and election for board members shall be held by the members

356

JOURNAL OF THE SENATE,

of the General Assembly at regular sessions as her~in provided at the session preceding the expiration of terms of board members in the manner herein provided. All board members shall hold office until their successors are elected and qualified.

Vacancies occurring when the General Assembly is not in session shall be filled by the Governor until the next meeting of the General Assembly of the State of Georgia, by the appointment of a resident of the same highway district to serve until the meeting of and election by the members of the General Assembly at its next session, in the same manner as members are elected for a regular term.

Upon election and qualification each member of the State Highway Board shall give a bond with duly licensed corporate surety in the sum of $50,000, each, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office as provided in this act. The premiums of such bond shall be paid from funds of the State Highway Department. Any board member violating the provisions of this act as shown by the minutes and records of the State Highway Department shall be guilty of misdemeanor and punished as such.
SECTION 5. COMPENSATION. The members of the State Highway Board shall be full-time officers of the State of Georgia, whose compensation shall be $9,000 each annually, which salary shall be paid semi-monthly or monthly. The members of the State Highway Board shall at their first meeting elect a chairman by a majority vote of the board members present. Thereafter, a chairman shall be elected biennially by a majority vote of the board members present.
SECTION 6. POWERS AND DUTIES OF STATE HIGHWAY BOARD. The State Highway Board shall be charged with the general duties, management and control of the State Highway Department, state highways, the state highway system of roads and bridges, and the state highway funds, subject, however, to such delegation thereof as may by this act be given to and vested in the chairman of the State Highway Board.
SECTION 7. TREASURER OF THE STATE HIGHWAY DEPARTMENT: APPOINTMENT: TERM: COMPENSATION: POWERS AND DUTIES. There is hereby created the office of treasurer of the State Highway Department. Such treasurer shall be appointed by a majority of the State Highway Board to serve at the pleasure of such board at a salary not to exceed $7,500 per annum, payable monthly or semi-monthly. He shall be a citizen of the State of Georgia and upon appointment and qualification shall give bond with a licensed corporate surety in such sum as the State Highway Board by resolution shall prescribe payable to the Governor and his successors in office, and to be approved by the Governor and conditioned to faithfully discharge the duties of the office. The premium for said bond shall be paid out of the funds of the State Highway Department.
Immediately upon the appointment and qualification of the treasurer of the State Highway Department he shall enter upon his duties which shall be to receive and receipt for all funds from all sources to which the State Highway Department is entitled, and to perform such other duties as may be required of him by the chairman of the State Highway Board.

MONDAY, FEBRUARY 7, 1949

357

SECTION 8. STATE HIGHWAY ENGINEER: APPOINTMENT: TERM: COMPENSATION: BOND: QUALIFICATION: POWERS AND DUTIES. There is hereby created the office of state highway engineer, who shall be appointed by a majority vote of the State Highway Board to serve at the pleasure of the board and at the pleasure of the board and at a salary to be fixed by the board not to exceed $9,000 per annum, payable in monthly or semi-monthly installments. Upon appointment and qualification he shall give a bond with a duly licensed corporate surety in the sum of $10,000, payable to the Governor and his successors in office and to be approved by him and conditioned to faithfully discharge the. duties of his office. The premiums for such bond shall be paid from funds of the State Highway Department. The state highway engineer shall be a competent engineer, skilled and experienced in highway design, construct on and maintenance, who shall be one qualified by technical training, as well as practical experience in such work. His duties shall consist of designing, planning and execution of the construction, repairing and maintenance of highways coming within the management and control of the State Highway Department and he shall have such other duties as may from time to time be assigned to him by the chairman of the highway board. It shall be the duty of the state highway engineer to attend all meetings of the State Highway Board.
SECTION 9. MEASUREMENT OF STATE HIGHWAY SYSTEM MILEAGE AND COUNTY ROAD MILEAGE: DETERMINATION THEREOF. The State Highway Department shall at least one time during every two year period measure and report to the State Highway Board the correct mileage of all county roads being maintained by the county which are not being maintained by the State Highway Department. In the event that any new funds are made available to the counties of the State of Georgia, other than are now being paid under existing laws, the money shall be paid to each county in the state on the percentage basis that the county roads not on the highway system in each county bears to the total county roads not on the highway system of the entire State of Georgia. Nothing in this section shall be construed to repeal or in any wise alter the act approved March 8, 1949, Georgia Laws 1948, page 316-319.
SECTION 10. DISTRIBUTION OF FUNDS TO COUNTIES FOR CONSTRUCT,ING AND MAINTAINING COUNTY ROADS AND BRIDGES EXCLUSIVELY: The State Highway Board shall give consideration to, and make provision for, the counties having the smallest percentage of their total road mileage on the state highway system annually, and shall give preference to the counties who can show a need for additional county roads being placed on the state highway system.
SECTION 11. FEDERAL AID HIGHWAY APPORTIONMENT TO THE STATE OF GEORGIA: DISTRIBUTION OF FEDERAL HIGHWAY FUNDS TO CONGRESSIONAL DISTRICTS AND TOWNS AND CITIES OF 5,000 OR MORE POPULATION: LONG RANGE PLAN FOR CONSTRUCTING AND PAVING STATE HIGHWAY SYSTEM ROADS AND BRIDGES. Seventy-five per cent of the federal aid apportionment to the State of Georgia for constructing and paving federal aid primary and federal aid secondary highway system roads and bridges shall be distributed to the ten congressional districts of the state on the basis of one-third on population, one-third on total miles of all roads and one-third square miles or area of the state, as the percentage and proportion of the population of each congressional

368

JOURNAL OF THE SENATE,

district shall bear to the total population of the whole state as shown by the 1940 census; and as the percentage and proportion of the total miles of all roads of each congressional district shall bear to the total miles of all roads of the whole state and as the total square miles of area of each congressional district shall bear to the total square miles or area of the whole state at the time of the passage of this act.
SECTION 12. CONSTRUCTION AND HARD SURFACING STATE ROADS NOT ON FEDERAL AID HIGHWAY SYSTEM. After the necessary funds have been set aside for operating the State Highway Department, for maintaining the state highway system roads and bridges (in which is included federal aid highway system roads and bridges), for paying the counties $4,817,013.03 for constructing and maintaining county roads and bridges and for matching federal aid highway system roads and bridges in full, fifty per cent of the balance of the remaining available state highway funds shall be used for the construction and hard surfacing of state highway system roads and bridges not on the federal aid systems. The construction and hard surfacing shall begin in the forty counties of the state which have the lowest percentage in miles of paved roads and bridges on the state aid system within the county at the time of the passage of this act. At the end of each fiscal year these percentages will be compiled and re-established and the construction and hard surfacing will continue in the forty counties which then have the lowest percentage in miles of hard surfaced roads and bridges on the state aid system within the county at the time of the readjustment. The remaining fifty per cent will be used by the State Highway Board to let contracts, to take care of any emergencies, or to make connections with roads on the basis of need as shown by traffic county or in any other manner, either on post roads, farm to market roads, or within the discretion of the State Highway Board.
SECTION 13. SUITS: VENUE: SERVICE. All suits brought either by or against the State Highways Department shall be brou,;ht in the name of "State Highway Department of Georgia." All suits brought ex-contracts by or against the State Highway Department of Georgia shall be brought in the county where the contract is to be or has been performed. All suits brought ex-delicto shall be brought in the county in which the cause of action arose. Service upon said department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the chairman of the highway board personally, or by leaving a copy of same in the State Highway Building, No. 2, Capitol Square, S. W., Atlanta 5, Georgia.
SECTION 14. ACTS PROHIBITED: Penalty. It shall be unlawful for any member of the State Highway Board, or the chairman of the State Highway Board, or any officer or employee of the State Highway Department to contract to buy from or sell to, the State Highway Department any real or personal property of any kind, when :;uch purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor and punished as such.
SECTION 15. POWER TO CONTRACT DEBTS PROHIBITED: PURCHASING OF MATERIAL, EQUIPMENT AND SUPPLIES. The State Highway Board in the administration of the State Highway Department is hereby expressly prohibited from making or contracting any

MONDAY, FEBRUARY 7, 1949

359

debts or entering into any contract, for which it does not have funds on hand to pay at the time of making said debt or entering said contract.
The chairman of the highway board shall advertise for competitive bids on all road contracts, bridge contracts, and all other contracts involving funds amounting to $1,000.00 or more, all of which must be approved by the State Highway Board or a majority thereof and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations.
SECTION 16. EMPLOYMENT OF PERSONNEL BY STATE HIGHWAY BOARD. The chairman of the State Highway Board with the approval of a majority of the State Highway Board is authorized to employ such personnel as he deems necessary to carry on the operation of the State Highway Board, or approved by the board, who is not related within the third degree of consanquinity to the chairman of the State Highway Board or any member of the State Highway Board.
SECTION 17. Nothing in this act shall be construed as in anywise repealing, amending, or altering the merit act passed by the General Assembly of the State of Georgia at the 1949 session thereof creating a merit system for the personnel of the State Highway Department.
SECTION 18. It is the expressed legislative intent to remove the State Highway Department from the gubernatorial campaign of the State of Georgia, and to assure a business-like administration of the affairs of the State Highway Department.
SECTION 19. All laws and parts of laws of this state in conflict with any part of this act are hereby repealed.

Senator Pilcher of the 19th offered the following amendments to the substitute:
Amend the substitute to SB 34 by striking the year 1949 and 1948 in the last line of section 9, and by substituting in lieu thereof the year "1945" in both places.
The amendment was adopted.

Amend the substitute to SB 34 by striking section 8 thereof in its entirety and renumbering the remaining sections accordingly.
The amendment was adopted.

Amend substitute to SB 34 by striking from the caption of section 11 the words "and towns and cities of 5,000 or more population."
The amendment was adopted.

Amend substitute to SB 34 by making the following amendment at the beginning of the bill which shall be known as the caption thereof:

"A bill to be entitled an act to repeal an act approved March 17, 1943, Georgia Laws, 1943, pages 216-222; to create the offices of State Highway Board, chairman of State Highway Board and treasurer of State Highway Department; to prescribe the duties and powers, compensation and tenure; to provide for the management of county road

360

JOURNAL OF THE SENATE,

mileage and the determination thereof; to provide for the distribution of funds to the counties for construction and maintenance of county roads and bridges exclusively; to provide distribution of federal aid primary and federal aid secondary highway funds to congressional districts and cities; to provide long-range planning for construction and paving state highway roads and bridges not on the federal aid highway system; to prescribe venue and service for suits against said State Highway Department; to prescribe penalties ; and for other purposes.

The amendment was adopted.

On the adoption of the substitute as amended Senator Gholston of the 30th 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:

Ansley Ayers Blalock Bryant Clary Cochran Coleman Dykes Grayson Harrison

Land, 51st Land, 24th Layton LeCraw McCoy Overby Padgett Peterson Pilcher Roddenberry

Rowland Sims Smith Stark Tarver Turner Ursrey Wright

Those voting in the negative were Senators:

Boyett Brooks Daniel Davis Florence Garrett

Gholston Housley Lunsford Mason Massey Newton

Purdom Rich Swint Williams Zellner

On the adoption of the substitute the ayes were 28, nays 17.

The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.
On the passage of the bill, Senator Mason called for the ayes and nays and the call was sustained.

MONDAY, FEBRUARY 7, 1949

361

The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Dykes Garrett Grayson

Harrison Land, 51st Land, 24th Layton LeCraw Massey McCoy Newton Overby Padgett Peterson Pilcher Purdom

Rich Roddenberry Rowland Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Those voting in the negative were Senators:

Davis Gholston

Housley Lunsford

Mason

The roll call was verified.

On the passage of the bill, the ayes were 39, nays 5.

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

Senator Gholston of the 30th gave notice that at the proper time he would move that the Senate reconsider its action in the passage of SB 34.

Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.

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

362

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia.
Tuesday, February 8, 1949.
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.
Senator Foster of the 40th asked unanimous consent that the call of the roll be dispensed with and the consent was granted.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
Senator Harrison of the 17th moved that the Senate reconsider its action of yesterday on the following bill of the Senate: SB 34. By Senators Gholston of the 30th, Mason of the 28th, and Daniel of the
49th and others :
A bill to provide for a ten man Highway Commission to be elected by the Legislature, one from each congressional district; to provide for a bond for each member thereof; to prescribe their duties and powers, compensation and tenure; to provide for a chairman of the commission, to fix his salary and duties, and provide for bond; to provide for a highway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.
On the motion to reconsider the ayes were 6, nays 26, and the motion was lost.
Senator Pilcher of the 19th asked unanimous consent that the reading of the journal be dispensed with.
The consent was granted and the journal was confirmed.
Senator Pilcher of the 19th asked unanimous consent that the following be established as order of business for today:
1. Introductions of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. 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.
Senator Pilcher of the 19th asked unanimous consent that the following bill of the House be made a special and continuing order of business for tomorrow:
HB 2. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon:
A bill to effect a revision of all laws of this state dealing with subject of registration and qualification of voters; and for other purposes.
The consent was granted.

TUESDAY, FEBRUARY 8, 1949

363

Senator Swint of the 26th presented to the Senate Miss Angie Claridy, accomplished vocalist of Griffin. Miss Claridy entertained the members of the Senate with several numbers.
A privilege resolution by Senator Pilcher of the 19th extending the privilege of the floor to Hon. Emory L. Butler, a former member of the State Senate, was read and adopted.

The following resolutions were read and adopted : By Senator Pilcher of the 19th:

A RESOLUTION
BE IT RESOLVED BY THE SENATE that the sincere thanks and appreciation of this body is expressed to the lovely Miss Angie McClaridy for coming to the Senate and giving us the opportunity of hearing her beautiful voice.
BE IT FURTHER RESOLVED that the Senate expresses also its appreciation for this wonderful note of harmony that she has brought to this body.

By Senators Swint of the 26th and Pittman of the 42nd:

A RESOLUTION
WHEREAS, Hon. Ben Fortson, Secretary of State, and Hon. Joe Burton, chief clerk and assistant to Mr. Fortson, have been helpful and considerate of this Senate and its members in providing names and lists of state and county officials and an amplifying system for the Senate .chamber;
THEREFORE, BE IT RESOLVED that we express to Mr. Fortson and Mr. Burton the sincere thanks and appreciation of this 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 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, and many others :

A bill to establish a minimum foundation program of education in

Georgia so as to equalize educational opportunities throughout the state;

and for other purposes.



HB 341. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the Fulton County school teachers and employees' pension law as heretofore amended by reenacting the 1946 and 1947 amendments to said law, and for other purposes.

364

JOURNAL OF THE SENATE,

HB 380. By Messrs. Malone and Kellam of Laurens:
A bill to amend the charter of the City of Dublin so as to create a board of tax assessors, prescribe its duties, qualifications, compensation and terms ; and for other purposes.

HB 387. By Mr. Dorsey of White:
A bill to amend supersede an act incorporating the Town of Cleveland in the County of White, and all amendments in respect thereto; to create a new charter for said corporation; and for other purposes.

HB 400. By Messrs. Alverson, Walton and Smith of Fulton:

A bill to amend an act incorporating the City of Manchester (now the

City of College Park) to provide for the incorporating of the City of

College Park so as to provide for the extension of the City of Colleg~

Park; and for other purposes.

'

HB 422. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to create a system of retirement for employees of City of Decatur; and for other purposes.

HB 424. By Messrs. McWhorter and Hubert of DeKalb:
A bill to amend the charter of the City of Decatur, so as to permit the City Commission to levy additional school tax; and for other purposes.

HB. 432. By Messrs. Hood and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.

HB 445. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act entitled "An act to incorporate the town of Rest Haven in the County of Gwinnett and to create a charter and municipal government and for other purposes.

SR 6.

By Senators Grayson of the 1st, Pilcher of the 19th, Purdom of the 46th, Boyett of the 11th, Layton of the 45th, Lunsford of the 9th and others:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution by striking therefrom paragraph IV of section I of article V in its entirety, and inserting in lieu thereof a new paragraph providing for the election of U. S. Senator, Governor, Lieutenant Governor, State House officers, justices of the Supreme Court, and judges of the Court of Appeals; and for other purposes.

HB 455. By Mr. Harden of Ben Hill:
A bill to amend an act amending and revising the charter for .the City of Fitzgerald; and for other- purposes-.

TUESDAY, FEBRUARY 8, 1949

365

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

SB 113. By Senator LeCraw of the 52nd:
A bill to amend section 67-2002 of the Code of Georgia 1933, providing how liens are declared and created; their record and priorities; so a:s to provide that the amount of said lien shall be stated in the claim recorded by the clerk of the Superior Court; and for other purposes.
Referred to Committee on Special Judiciary.

SB 114. By Senator Padgett of the 6th:
A bill to provide for the calling and holding of a special election hi ahy municipality in the State of Georgia in the event of a failure, by reason of a tie vote or otherwise; to elect a mayor; and for ot:her purposes.
Referred to Committee on State of Republic.

SB 115. By Senator Gholston of the 30th:
A bill to require the ordinary of Madison County tcf call an election to be held at the same time of the general election; to d~termine whether the Madison County advisory shall be retained or abolished; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 116. By Senator Ursrey of the 54th:
A bill to repeal the revenue tax act legalizing and controlling alcoholic beverages in this state; and for other purposes.
Referred to Committee on Temperance:

SB 117. By Senators Eve of the 18th, LeCraw of the 52nd and Grayson of the 1st:
A bill to amend the statutes of Georgia relating to venue ~nd enlarging the discretionary powers of superior and city courts of the state; to decline jurisdiction of civil cases arising out of .the state wherein the plaintiff and defendant are both non-residents of the state; and for other purposes.
Referred to the Committee on General Judiciary.

HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens and others :
A bill to establish a minimum foundation program of education in Georgia so as to equalize eucational oppotunities throughout the states; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 341. By Messrs. Walton, Alverson and Smith of Fulton: A bill to amend the Fulton County School teachers and employees' pen-

366

JOURNAL OF THE SENATE,

sion law as heretofore amended by reenacting the 1946 and 1947 amendments; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 380. By Messrs. Malone and Kellam of Laurens: A bill to amend the charter of the City of Dublin so as to create a board of tax assessors, prescribe its duties, qualifications, compensation and terms; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 387. By Mr. Dorsey of White: A bill to amend, supersede an act incorporating the Town of Cleveland in the County of White, and all amendments in respect thereto; to create a new charter for said corporation; and other purposes.
Referred to Committee on Municipal Government.
HB 400. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend an act incorporating the City of Manchester (now the City of College Park) to provide for the incorporating of the City of College Park so as to provide for the extension of the City of College Park; and for other purposes.
Referred to Committee on Municipal Government.
HB 422. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill to create a system of retirement for employees of the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.
HB 424. By Messrs. McWhorter and Hubert of DeKalb: A bill to amend the charter of the City of Decatur, so as to permit the
City Commission to levy additional school tax; and for other purposes. Referred to Committee on Municipal Government.
HB 432. By Messrs. Hood and McGee of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
Referred to Committee on Municipal Government.
HB 445. By Messrs. Griswell and White of Gwinnett: A bill to amend an act entitled "An act to incorporate the town of Rest Haven in the County of Gwinnett; to create a charter and municipal government; and for other purposes.
Referred to Co;mmittee on Municipal Government.

TUESDAY, FEBRUARY 8, 1949

367

HB 455. By Mr. Harden of Ben Hill:
A bill to amend an act amending and revising the charter of the City of Fitzgerald; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Williams of. the 20tli 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 bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 147. Do Pass. HB 165. Do Pass by substitute.
Respectfully submitted,
Williams of 20th District,
Chairman

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 81. Do Pass. SB 100. Do Pass.
Respectfully submitted,
Smith of 37th District,
Chairman

Mr. Pittman of the 42nd 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 216. Do Pass.
Respectfully submitted,
Pittman of 42nd District,
Chairman

368

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th 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 238. Do Pass.

HB 340. Do Pass.

HB 336. Do Pass.

HB 306. Do Pass.

HB 212. Do Pass.

HB 378. Do Pass.

HB 314. Do. Pass.

HB 236. Do Pass.

HB 249. Do Pass.

HB 281. Do Pass.

HB 289. Do Pass.

HB 255. DQ Pass.

HB 247. Do Pass.

HB 254. Do Pass.

HB 282. Do Pass.

HB 321. Do Pass.

Respectfully submitted,

Ayers of 13th District, Chairman

Mr. Higginbotham of the 31st District, chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government has bad 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 218. Do Pass.
HB 342. Do Pass.
HB 156. Do Pass as amended. Respectfully submitted, Higginbotham of 31st District, Chairman

TUESDAY, FEBRUARY 8, 1949

369

Mr. Housley of the 32nd 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 44.
SB 64.
SB 80.
SB 82.
SB 91.
SB 92.
Respectfully submitted, Housley of 32nd District, Chairman

The following bills of the Senate and House, favorably reported by the committees, were read the second time:
SB 81. By Senator Grayson of the 1st:
A .bill to authorize the issuance and sale of investment certificates, to provide for the licensing and examinations of issuers of such certificates; to provide who may act as trustees for investment funds; to limit the commission on the sale of investment certificates; and for other purposes.

SB 100. By Senator Purdom of the 46th:
A bill to authorize eligible officials and employees of the State Department of Audits to become members of the employees retirement system of Georgia; and for other purposes.

HB 147. By Messrs. Kemp of Clayton, Whitworth of Madison, Trapnell of Bulloch, and others :
A bill to provide that every person, firm or corporation that sells, either at wholesale or retail, distributes or gives away fireworks shall first secure a license from the county governing authority; and for other purposes.

HB 156. By Messrs. Page, Hood and McGee of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah; and for other purposes.

HB 165. By Messrs. Kidd and Jennings of Baldwin:
A bill to provide for the permanent tenure of certain employees of the Milledgeville State Hospital; and for other purposes.

370

JOURNAL OF THE SENATE,

HB 212. By Messrs. Baker and Mathews of Clarke:
A bill to change the time of convening the regular terms of the Superior Court of Clarke County; and for other purposes.

HB 216. By Mr. Aultman of Houston:
A bill to provide for holding three terms of the Superior Court of Houston County; and for other purposes.

HB 218. By Mr. Evitt of Catoosa:
A bill to incorporate the Town of Fort Oglethorpe, in Catoosa and Walker Counties; and for other purposes.

HB 236. By Messrs. Hinson and Ryle of Ware:
A bill to increase the fee of the coroner of Ware County; and for other purposes.

HB 238. By Mr. Moore of Dodge:
A bill to amend an act which is entitled an act to abolish the office of treasurer of Dodge County; and for other purposes.

HB 247. By Mr. Cagle of Cherokee:
A bill to amend an act which pertains to and deals with the fixing of the salary of the clerk of the Commissioners of Roads and Revenues of Cherokee County; and for other purposes.

HB 249. By Mr. Gillis of Treutlen:
A bill to amend an act creating the City Court of Soperton; and for other purposes.

HB 254. By Mr. Hagan of Screven:
A bill to amend an act creating the office of County Commissioner of Screven County; and for other purposes.
HB 255. By Mr. Hagan of Screven:
A bill to amend an act establishing the City Court of Sylvania in and for the County of Screven; as found in Georgia Laws of 1902; and for other purposes.

HB 281. By Mr. Risner of Hart:
A bill to amend an act creating the office of Tax Commissioner for the County of Hart; and for other purposes.

HB 282. By Messrs. Willingham and Reed of Cobb:
A bill to abolish the offices of tax collector and tax receiver in the County of Cobb; and for other purposes.

TUESDAY, FEBRUARY 8, 1949

371

HB 289. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act entitled "An act to create and establish the City Court of Decatur"; and for other purposes.

HB 314. By Mr. Sheffield of Brooks:
A bill to authorize and direct the commissioners of Brooks 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 306. By Mr. Walker of Telfair:
A bill to provide for the appointment of a probation officer for Telfair County; and for other purposes.

HB 321. By Mr. Bennett of Barrow:
A bill to create a new charter for the Town of Auburn; to define the corporate limits; to provide for the election of its officers; and for other purposes.

HB 336. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act establishing a general employees' pension system in Fulton County; and for other purposes.

HB 340. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to permit the Board of Commissioners of Roads and Revenues of Fulton County to raise and expend money for recreational and athletic purposes; and for other purposes.

HB 342. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Danielsville, in the County of Madison; and for other purposes.

HB 378. By Mr. Boone of Wilkinson: A bill to amend an act relating to the Board of Commissioners of Roads and Revenues of Wilkerson County; and for other purposes.
The following general bills of the Senate and House were read the third time and put upon theirpassage:
SB 64. By Senator Pilcher of the 19th: A bill to provide expenses to a judge of the superior court when serving on a recount committee as provided by law; and for other purposes.

372

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 80. By Senators Land of the 24th and Overby of the 33rd:
A bill to provide that the owner or operator of a visual or sound radio broadcasting station shall not be liable for defamatory statements made by one other than the owner or agents; to provide that no owner shall be held liable for defamatory statements made by one on behalf of a candidate for public 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 82. By Senators Grayson of the 1st and Zellner of the 22nd:
A bill to require all persons on the payroll of the state, its departments and agencies, county and city governments, school districts and boards of educ~tion to take a loyalty oath; and for other purposes.
The report 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 90. By Senator Grayson of the 1st:
A bill to amend the laws applicable to the Georgia Real Estate Commission; to provide for a commission of three persons, their qualifications, terms of appointment; provide for powers to subpoena witnesses and conduct hearings; to provide for appeals therefrom; and for other purposes.
..Senators Coleman of the 18th and Williams of the 20th offered the following
amendment:
Amend SB 90 by striking the figure "30,000' population wherever it appears in section 2 and inserting in lieu thereof the .figures "40,000" population.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, Senator Purdom of the 46th moved the ayes and nays, and the call was sustained.

TUESDAY, FEBRUARY 8, 1949

373

The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Brooks Coleman Dykes' Eve Garrett Grayson Harris

Harrison Land, 51st Land, 24th LeCraw McCoy Pilcher Purdom

Saunders Stark Swint Tarver Turner Williams

Those voting in the negative were Senators:

Ansley Blalock Boyett Clary Daniel Davis Florence Foster Gholston

Higginbotham Housley Jones Layton Mason Massey Newton Overby Peterson

Pittman Rackley Rich Rowland Smith Wright Zellner

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

On the passage of the bill, the ayes were 21, nays 25.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 78. By Messrs. Covington and Terrell of Floyd, Ray of Warren and Twitty of Mitchell :
A bill to amend an act entitled "Notaries Public-Method of Appointment Changed-Powers, Duties, Fees"; and for other purposes.

The Committee on General Judiciary offered the following amendment:
Amend HB 78 by striking section 2 thereof and adding in lieu thereof the following:
Section 71-102. Age and character of notary; attorney at law. A notary must be 21 years old, or an attorney at law; a citizen of the United States; a resident of Georgia; and a resident of the county from which" he is appointed; and of good moral character.
The amendment was adopted.
The Committee on General Judiciary offered the following amendment:
Amend HB 78 by striking the figures "18" wherever they appear in said bill and substituting in lieu thereof the figures "21".
The amendment was adopted.

374

JOURNAL OF THE SENATE,

Senators Pittman of the 42nd and Foster of the 40th offered the following amendment:
Amend HB 78 by striking the last two sentences of said bill.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 38 ,nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 142. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act increasing the fees of the justices of peace; and for other purposes.
Senator Davis of the 27th offered the following amendment:
Amend HB 142 by substituting the following tct- be known and designated as:

Code Section 24-1601: Enumeration of Fees:
Each original summons_________________ -------------------------------------
Each copy summons---------------------------------------------------------Filing papers in any case___________________________________________________
Seal --------------------------------------------------------------------------Affidavit and bond to obtain attachment and issuing same Entering judgment in each case________________________________ Trial of each case when same is litigated______________________
Docketing each case --------------------------------------------------------Each witness sworn ------------------- ----------------------------------------Issuing each execution -------------------------------------------------------Affidavit to obtain possessory warrant, making out and
issuing same _________________ ------------------------------------------Trying possessory warrant --------------------------------------------Making out interrogatories and certifying same______________ Making out recognizance and returning same to court_____ Each subpoena for witness____________________________________________________ Issuing each distress warrant________________________________________________
Each affidavit when no case pending___ --------------------------------Answering every writ of certiorari to superior court________ Presiding at trial of forcible entry and detainer_______________ Presiding at trial of right of way__________________________________________
Issuing rules to establish lost papers ______ -------------------------
Trying the same ---------------------------------------------- ----------------Presiding at trial of nuisance_________________________________________________
Witnessing any paper -----------------------------------------------------------Affidavit and bond to obtain garnishment --------------------------Issuing summons of garnishment___________________________________________ Each additional copy of garnishment____________________________________
Settling case before judgment ---------------------------------------------Claim affidavit and bond ---------------------------------------------------Trying same ------------------------------------------------------------------------Drawing bonds in civil or criminal cases______________________________

75
.60 .20
.20 2.26
.75 1.25
.50 .35 75
2.00 2. 75 2.00
.85 .25 2.75
75 4.00 3.00 3.00
2.00
1.00 2.00
75 2.25
.75 .60
75 1.00 1.00 2.75

TUESDAY, FEBRUARY 8, 1949

375

Certifying transcript ----------------------------------------------------------- 1.50 Entering appeal to superior court____________________________________ 1.50 Issuing each search warrant ------------------------------------------- 2.75 Taking testimony in criminal case______________________________________ 2.25 Issuing order to sell perishable property________________________ 1.50 Each lien foreclosure and docketing same______________________ 2.75 Entering appeal in justice court_________________________________________ 1.50 Drawing jury and making out list____________________________ 2.00 Each order issued by justice______________________________________________ 1.50 Each case tried by jury_____________________________________________________ 1.00 Issuing commission to take interrogatories_____________________ 4.00 Backing fieri facias ------------------------------------------------------------- .75 Rule nisi against officer ----------------------------------------------- .75 Trying the same ---------------------------------------------------------- .75 Judgment on same------------------------------------------------------ .75 Attachment for contempt against officer of court_____________ 1.00 Issuing warrant to dispossess, or against intruders_______ 2.50 Bail trover, affidavit, summons, and triaL_____________________ 2.50 Each criminal warrant issued______________________________________ 2.00 Taking examination of person charged with criminal
offense ------------------------------------------ 2.00 Examination of each witness in criminal case_______________ .50 Making out co~mitment ---------------------------------------------- .75 Judgment in each criminal case__________________________________________ 1.00 Waiving committal trial ------------------------------------------------- 1.00
On the adoption of the amendment the ayes were 28, nays 6.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th moved that the Senate do now recess until 2 o'clock, and the motion prevailed.
The President announced the Senate recessed until 2 o'clock.
The Senate reconvened at 2 o'clock and resumed the regular order of business.

SB 91. By Senator Pilcher of the 19th:
A bill to amend the act changing the compensation and expenses of the members of the State Board of Corrections so that they shall receive $10.00 per day in addition to expenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

376

JOURNAL OF THE SENATE,

SB 92. By Senator Pilcher of the 19th:

A bill to amend an act approved February 1, 1946, to provide that funds arising from the sale of supplies, materials, farm products, live stock, etc., produced or manufactured by the State Board of Corrections shall be used by the Board of Corrections to cover the cost of materials and 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 33, nays 0.

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

HB 11. By Mr. Twitty of Mitchell:
A bill to amend an act of March 9, 1945, providing for the creation of the office of judge of superior courts emeritus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 11, nays 20.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 87. By Mr. Davis of Bartow:
A bill to amend an act making it mandatory for county officers who are required to give a surety bond and to provide that the premiums due on bond be paid by county authorities from county funds; and for oth~r purposes.

Senator Pittman of the 42nd asked unanimous consent that further action on HB 87 be ;postponed until February 9th, and the consent was granted.

HB 107. By Messrs. Smith of Emanuel and Cowart of Calhoun:

A bill to amend an act known as the motor fuel tax law; to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than for the propulsion of motor vehicles upon the public 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, Senator Lunsford of the 9th called for the ayes and nays, and the call was sustained.

TUESDAY, FEBRUARY 8, 1949

377

The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Brooks Clary Coleman Davis Dykes Florence Garrett Gholston

Grayson Harris Higginbotham Jones Land, 51st Lunsford Overby Padgett Peterson Pilcher Purdom

Rowland Saunders Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Those voting in the negative were Senators:

Bryant Daniel Eve Foster Harrison

Land, 24th Layton Mason Newton Pittman

Rackley Rich Sims

On the passage of the bill, the ayes were 33, nays 13.

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

SB 44. By Senators Stark of the 35th, Purdom of the 46th, Dykes of the 14th, and others:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes; to protect and stabilize the collection of taxes on the sale of cigarettes; and for other purposes.
The report 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 Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

378

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, February 9, 1949.

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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby

Padgett Peterson Pilcher Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Tarver Turner Williams Wright Zellner

The following Senators did not answer to their names: Gary, Gholston, Pittman, Smith, Swint, and Ursery.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings has been examined and found correct.
Senator Harrison of the 17th moved that the Senate reconsider its action of yesterday in defeating the following bill of the Senate:

SB 90. By Senator Grayson of the 1st:
A bill to amend the laws applicable to the Georgia Real Estate Commission to provide a commission of three persons, their qualification, terms of appointment; provide for powers to subpoena witnesses and conduct hearings; to provide for appeals therefrom; and for other purposes.
On the motion to reconsider, the ayes were 28, nays 0, and the motion prevailed, and the bill took its place at the foot of the calendar.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.

WEDNESDAY, FEBRUARY 9, 1949

379

Senator Pilcher of the 19th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported.
'1. Third reading and passage of uncontested local House and Senate bills.
8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions.
The President of the Senate shall have the right to call up bills in any order that he sees fit to do.
The consent was granted A resolution by Senator Davis of the 27th, granting the privilege of the floor to Hon. Joe A. Johnson, Jefferson, Georgia, was read and adopted.

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 104. By Messrs. Hunter of Troup and McLaughlin of Wayne:
A bill to amend Code sections 84-722, 84-710, and 84-709 of the Code of the State of Georgia of 1933 for the purpose of allowing_dental college clinics to charge for services rendered; and for other purposes.

HB 363. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend the act of 1918 relating tQ the powers of the Rome City Commission with reference to the registration and licensing of business, calling, vocations and professions; and for other purposes.

HB 365. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to amend section 18 of the act approved August 19, 1918, as amended by section 2 and by section 13 of the act approved August 8, 1929, creating a new charter for the City of Rome; and for other purposes.

380

JOURNAL OF THE SENATE,

HB 376. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act to repeal all laws heretofore passed incorporat~ ing the City of Manchester (now the City of College Park) ; and for other purposes.

HB 423. By Messrs. Hubert, Howard and MeWhorter 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, now the City of Decatur, in the County of DeKalb; and for other purposes.

HB 427. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide supplement for the salaries of the judges and solicitor general of the Criminal Court of Fulton County; and for other purposes.

HB 429. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to supplement the saiaries of the judges of the Superior Court of Fulton County from the treasury of Fulton County; and for other purposes.

HB 437. By Messrs. Langdale and Mathis of Lowndes:
A bill delegating to the Board of Commissioners of Roads and Revenues in and for the County of Lowndes the right and authority (a) to create a system of retirement payments for certain employees of said county; and for other purposes.

HB 441. By Mr. Kemp of Clayton:
A bill to change from the fee system to the salary system in the County of Clayton for the clerk of the Superior Court and the sheriff; and for other purposes.

HB 467. By Mr. Evitt of Catoosa:
A bill to amend an act to create the office of Commissioner of Roads and Revenues for the County of Catoosa; and for other purposes.

HB 172. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, Smiley of Liberty, and others:
A bill to amend the motor fuel tax law by adding a new section to provide for refund of tax paid on gasoline when used solely for the propulsion of watercraft; and for other purposes.

The following bills and/or resolutions of the House were read the first time and referred to the committees:
HB 104. By Messrs. Hunter of Troup and McLaughlin of Wayne:
A bill to amend the Georgia Code of 1933 for the purpose of allowing dental college clinics to charge for services rendered; and for other pur poses.
Referred to Committee on Public Welfare.

WEDNESDAY, FEBRUARY 9, 1949

381

HB 172. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, Smiley of Liberty, and others:
A bill to amend the motor fuel tax law by adding a new section to provide for refund of tax paid on gasoline when used solely for the propulsion of watercraft; and for other purposes.
Referred to Committee on State of Republic.

HB 363. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend the act of 1918 relating to the powers of the Rome City Commission with reference to the registration and licensing of business, calling, vocations and professions; and for other purposes.
Referred to Committee on Municipal Government.

HB 365. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to amend the act of 1918 creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.

HB 375. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park); and for other purposes.
Referred to Committee on Municipal Government.

HB 423. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A bill to amend the act of 1909 creating and establishing a new charter and municipal government for the Town of Decatur in the County of DeKalb; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 427. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide supplement for the salaries of the judges and solicitor general of the Criminal Court of Fulton County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 429. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to supplement the salaries of the judges of the Superior Court of Fulton County from the treasury of Fulton County; and for other purposes.
Referred to Committee on Counties and County Matters.

382

JOURNAL OF THE SENATE,

HB 437. By Messrs. Langdale and Mathis of Lowndes:
A bill delegating to the Board of Commissioners of Roads and Revenues in and for the County of Lowndes the right and authority (a) to create a system of retirement payments for certain employees of said county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 441. By Mr. Kemp of Clayton:
A bill to change from the fee system to the salary system in the County of Clayton for the clerk of the Superior Court and the sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 457. By Mr. Evitt of Catoosa:
A bill to create the office of Commissioner of Roads and Revenues for the County of Catoosa; and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Housley of the 32nd 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.

Respectfully submitted, Housley of 32nd District; Chairman

Mr. Purdom of the 46th 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 277. Do Pass.

Respectfully submitted, Purdom of 46th District, Chairman

WEDNESDAY, FEBRUARY 9, 1949

383

Mr. Higginbotham of the 31st 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 432. Do Pass.

HB 389. Do Pass.

HB 28. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Overby of the 33rd 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 106. Do Pass as amended.

HB 374. Do Pass.

HB 195. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. Swint of the 26th 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 and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 35. Do Pass.

HB 262. Do Not Pass.

Respectfully submitted, Swint of 26th District, Chairman

384

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 296. Do Pass.

HB 412. Do Pass.

HB 351. Do Pass.

HB 224. Do Pass.

HB 385. Do Pass.

HB 366. Do Pass.

Respectfully submitted,

Higginbotham of 31st District, Chairman

Mr. Higginbotham of the 31st District, chairman of the Committee on Municipal Gvoernment, submitted the following report:

Mr. President: Your Committee on Municipal Government 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 102. Do Pass. SB 105. Do Pass. HB 417. Do Pass as amended. HB 221. Do Pass. HB 295. Do Pass. HB 409. Do Pass. HB 287. Do Pass. HB 358. Do Pass. HB 305. Do Pass.

HB 307. Do Pass. HB 416. Do Pass. HB 418. Do Pass. HB 419. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

WEDNESDAY, FEBRUARY 9, 1949

385

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

SB 102. By Senator Land of the 24th:
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.
SB 105. 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 by creating a Savannah Airport Commission; and for other purposes.
SR 35. By Senator Swint of the 26th:
A resolution providing that the members of the labor committee of the House of Representatives of the United States Congress are hereby urged and requested to continue to allow farm labor and the employees of primary processors of agriculture products to be exempted from the provisions and requirements of the Federal wage and hour laws.

HB 28. By Mr. Denton of Paulding:
A bill to amend an act so as to authorize and empower the mayor and council to levy an additional tax of one mill or 10 cents on each $100.00 property valuation in Dallas, Georgia; and for other purposes.
HB 106. By Mr. Greer of Lanier:
A bill to amend an act by providing that the provisions of chapter 34-19 and all amendments thereto shall apply and be operative in every county and municipality of this state and that it is unnecessary to have the grand jury approve of same, same relating to rules and regulations governing all elections; and for other purposes.
HB 195. By Mr. Nightingale of Glynn:
A bill to amend the corporation charter act of 1938; and for other purposes.
HB 221. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend an act entitled "An act to amend the charter of the City of Valdosta"; and for other purposes.
HB 224. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill to amend the charter of the City of Macon for the purpose of authorizing said city to close to public use, to vest title in said city, and authorize said city to convey fee simple title to a portion of the southside reservoir property in said city to the Boys' Club of Macon, Inc.; and for other purposes.

386

JOURNAL OF THE SENATE,

HB 272. By Mr. Moore of Dodge:
A bill providing and appropriating funds for reimbursement and compensation to Archie T. Coffee and his wife; and for other purposes.

HB 287. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act to incorporate the Town of Doraville; to appoint commissioners for the same; and for other purposes.

HB 295. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus in the County of Muscogee; and for other purposes.

HB 296. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus as said has been heretofore amended; and for other purposes.

HB 351. By Messrs. Carmical and Cranford of Coweta:
A bill to create a new charter of the City of Newnan, Coweta County; and for other purposes.

HB 374. By Mr. Smith of Emanuel:
A bill to provide that no person shall be eligible for employment as an agent for the Bureau of Investigation of the Department of Public Safety until such agent shall have served a minimum of one year in the uniform division of the Department of Public Safety or for three years as a law enforcement officer in the State of Georgia; and for other purposes.

HB 409. By Mr. Greer of Lanier:
A bill changing the time of meeting for the mayor and council of the City of Lakeland; and for other purposes.

HB 417. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill amending the charter of the City of Columbus; granting power to said city to purchase, acquire, rent or lease property of all kinds; and for other purposes.

HB 389. By Messrs. Myers and Pearlman of Sumter:
A bill to amend an act granting corporate authority of the City of Americus to confer additional power upon the City of Americus's mayor and city council; and for other purposes.

HB 305. By Messrs. Johnson and Barton of Hall:
A bill to amend an act entitled "Gainesville Retirement Fund"; and for other purposes.

HB 307. By Mr. Walker of Telfair: A bill to amend the charter of the City of McRae; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1949

387

HB 358. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.

HB 366. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend section 3 of the act of 1918 creating a new charter for the City of Rome; and for other purposes.

HB 385. By Messrs. Cates and Bargeron of Burke:
A bill to establish the City Court of Waynesboro, in and for the County of Burke; and for other purposes.

HB 412. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and approve that ordinance passed by the mayor and council of the City of Macon closing Wall Street Alley; and for other purposes.

HB 416. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to ratify a certain sale of described land by the City Commission of Columbus to Swift-Manufacturing Company; and for other purposes.

HB 418. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus; and for other purposes.
HB 419. By Mrs. Blitch of Clinch:
A bill to amend the charter of the City of Homerville; and for other purposes.
HB 432. By Messrs. Hood and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; incorporating the mayor and aldermen of the City of Savannah affecting the recorder's court of the mayor and aldermen; and for other purposes.
Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary and recommitted to the Committee on Special Judiciary:
HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell:
A bill to amend an act which authorizes the chartering and empowering of corporations, so as to provide that it shall not be necessary to publish in the newspapers any application for charter; and for other purposes.
The consent was granted, and the bill was recommitted.

388

JOURNAL OF THE SENATE,

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

HB 216. By Mr. Aultman of Houston:
A bill to provide for holding three terms of the Superior Court of Houston County; to prescribe a time for holding such terms; and for other purposes.
The report 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 212. By Messrs. Baker and Mathews of Clarke:
A bill to change the time of convening the regular terms of the Superior Courts of Clarke County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following local bills of the House were read the third time and put upon their passage:

HB 156. By Messrs. Page, Hood and McGee of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah; and for other purposes.
The Committee on Municipal Government offered the following amendment:
Amend HB 156 by striking paragraph 1 of section 3 in its entirety and inserting in lieu thereof a new paragraph to be known as paragraph one of section 3 to read as follows :
"Paragraph 1. There is hereby created and established the City of Savannah Civil Service Board, which shall consist of three members of known sympathy to the merit system. One of said members shall be appointed by the Mayor of the City of Savannah and shall be a member of the Mayor and Board of Aldermen of the City of Savannah. One member shall be an employee of the Mayor and Aldermen of the City of Savannah and shall have served as such for at least five years prior to his appointment. This member shall also be appointed by the Mayor. A third member of the board shall be appointed by the Mayor from the professional and/or business group of the City of Savannah. No person shall be appointed to the board who is not a citizen of the United States and a resident of Savannah for at least five years preceding such appointment. All of said appointments to the board shall be as set forth above, but each appointment of the Mayor shall be subject to the approval of the Board of Aldermen. It shall be and is hereby made the duty of the Mayor and Aldermen of the City of Savannah to appropriate annually a sufficient sum of money to enable the Civil Service Board of the City of Savannah to properly carry out the purposes of this act. One of the three members so appointed shall be designated by the Mayor at the time of

WEDNESDAY, FEBRUARY 9, 1949

389

appointment to hold office for a term of two years, one of said members shall be designated to hold the office for a term of four years and one shall be designated for a term of six years. Thereafter, all appointments shall be for a term of six years and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as chairman of the board. Two members shall constitute a quorum for the action of business. Vacancies of the office of said personnel board created by death, resignation or other;.; wise, shall be filled by appointment of the Mayor of the City of Savannah for the unexpired term subject to approval by the Board of Aldermen. No member shall hold any lucrative office or employment under the United States Government, the City of Savannah or any county government. There is excepted, however, the office of Notary Public, or -an office in the military forces, as well as the provisions set forth above that one member shall be from the Board of Aldermen for the City of Savannah and one member shall be from the city employee's group. The third member from the professional and/or business group shall not hold any lucrative office or employment under the Government of the United States, State of Georgia, or any local subdivision of the State, and shall not be permitted to hold a lucrative office or employment under the Mayor and Aldermen of the City of Savannah.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 236. By Messrs. Hinson and Ryle of Ware:
A bill to increase the fee of the Coroner of Ware County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 238. By Mr. Moore of Dodge:
A bill to amend an act to abolish the office of treasurer of Dodge County; to provide the ordinary of said county shall perform the duties of the office of county treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 247. By Mr. Cable of Cherokee:
A bill to amend an act which pertains to and deals with the fixing of the salary of the clerk to the Commissioners of Roads and Revenues of Cherokee County; and for other purposes.

391}

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Ha 254~ By Mr. Hagan of Screven: A bill to amend an act creating the office of County Commissioners of Screven County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 255. By Mr. Hagan of Screven:
. A bill to amend an act establishing the City Court of Sylvania; and for other purposes.

The report 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 constituti9nal.majority, was passed.

HB 249. By Mr. Gillis of Treutlen: A bill to amend an act creating the City Court of Soperton; and for _other purposes.
The report of the committee, which was favorable to the passage {)f 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 289. By Messrs. McWhorter, Hubert and Howard of DeKalb: A bill to amend an act to create and establish the City Courts of Decatur; to prescribe the practice of judge and solicitor of said courts; and for other purposes.
The report 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 281. By Mr. Risner of Hart: A bill to amend an act creating the office of tax commissioner for the County of Hart; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 9, 1949

391

On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 282. By Messrs. Willingham and Reed of Cobb:
A bill to abolish the offices of tax collector and tax receiver in the County of Cobb; and for other purposes.
The report 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 306. By Messrs. Johnson and Barton 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 314. By Mr. Sheffield of Brooks:
A bill to authorize and direct the commissioners of Brooks 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 report 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 336. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act establishing a general employees' pension system in Fulton County; and for other purposes.
The report of the committee, which was favorabie 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 321. By Mr. Bennett of Barrow:
A bill to create a new charter for the Town of Auburn; to define the corporate limits; to provide for the election of its officers; and for other purposes.

392

JOURNAL OF THE SENATE,

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

HB 340. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to authorize the Board of Commissioners of Roads and Revenues or other governing authority to appropriate not exceeding $10,000 per year from Fulton County funds not derived from taxation to promote recreational and athletic events; and for other purposes.
The report 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 342. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporatig the City of Danielsville, in the County of Madison; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 378. By Mr. Boone of Wilkinson:
A bill to amend an act relating to the Board of Commissioners of Roads and Revenues of Wilkinson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pilcher of the 19th asked unanimous consent that the Senate continue in session until 1:30 today, and the consent was granted.
The following general bills of the House were read the third time and put upon their passage:
HB 245. By Messrs. Davis of Bartow, Twitty of Mitchell, Gross of Stephens, Jenkins of Bartow, Bledsoe and Britton of Whitfield, Evitt of Catoosa, and others:
A bill to amend an act relating to the compensation of court reporters for the State of Georgia; increasing their compensation; and for other purposes.

WEDNESDAY, FEBRUARY 9, 1949

393

The Committee on General Judiciary offered the following amendment:
Amend HB 245 by striking at the end of paragraph 1 the following:
"Such reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same at a rate not to exceed 12 cents for each 100 words," and inserting in lieu thereof: "And when directed by said judge the reporter shall transcribe the evidence and proceedings in criminal cases, for which he shall be paid the sum of $20.00 per day, the same to be paid on order of said judge by the county treasurer, or other officer having charge of the county funds of the county wherein such cases shall be tried."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Land of the 24th asked unanimous consent that HB 245 be immediately transmitted to the House, and the consent was granted.

HB 165. By Messrs. Kidd and Jennings of Baldwin:
A bill to provide for the permanent tenure of certain employees of the Milledgeville State Hospital; and for other purposes.
The Committee on Public Welfare offered the following substitute:
To authorize all institutions under the control and direction of the State Department of Public Welfare to come under the provisions of the merit system laws of this State; to repeal specifically certain named laws in conflict herewith; to provide that the director or his agent has the appointing authority under the rules and regulations pertaining .to the merit system laws; to repeal all other laws and parts of laws in conflict with this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION 1. All officers and employees of institutions under the control and direction of the State Department of Public Welfare shall be subject to the provisions of the merit system laws of this State. All officers and employees of the Institution Department of the State Department of Public Welfare shall also be subject to the provisions of said merit system laws.
SECTION 2. The following provisions of law which are in direct conflict with the provisions of this Act relating to personnel and administration, are hereby repealed in their entirety: Code Sections 35-207; 35-208; 35-209; 35-210; 35-213; 35-218; 35-221; 35-222; to repeal Paragraph 16 of Section 6 of an Act approved February 26, 1937 (Ga. L. 1937, pp. 355-370), the same relating to the creation and establishment of a Board of Trustees for the Milledgeville State Hospital.

394

JOURNAL OF THE SENATE,

SECTION 3. The Director of the Board of Social Security or such person as may be appointed by him shall be the appointing authority under the provisions of this Act, subject to the rules and regulations of the Merit System laws.
SECTION 4. The appointing authority as authorized in this Act shall make no appointment of any physician without first having the concurrence of the Superintendent of the division of medical services.
SECTION 5. To repeal all laws and parts of laws in conflict herewith.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Harrison of the 17th asked unanimous consent that HB 165 be immediately transmitted to the House, and the consent was granted.
HB 243. By Messrs. Campbell of Oconee, Gillis of Treutlen, Hopkins of Charlton, and Moore of Dodge:
A bill to amend an act relating to state soil conservation; to provide for a new committee as a state agency; and for other purposes.
The report 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 128. By Messrs. Walker of Telfair, Moore of Dodge, Kidd of Baldwin, Hilton of Montgomery, and Hall of Toombs:
A bill to repeal an act to make additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Blalock of the 36th asked unanimous consent to be recorded as voting "nay," and the consent was granted.
On the passage of the bill, the ayes were 30, nays 17.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:

WEDNESDAY, FEBRUARY 9, 1949

395

HB 86. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel, Gross of Stephens, and Ray of Warren:
A bill to be enacted for the prevention of the destruction of life and property by fire, explosion or related hazards, to create for such purposes office of Georgia Safety Fire Commissioner; to prescribe his duties ; to prescribe penalties for violation of this act; and for other purposes.

HB 199. By Mr. Mathews of Peach:
A bill to amend chapter 27-29 of the Code of Georgia of 1933 relating to fines and the fine and forfeiture fund and to the distribution and disbursement thereof, and to the priorities of claims against said fund; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 89. By Mr. Willingham of Cobb:
A resolution commemorating Mrs. Alice McClelland Birney as the "Founder" of the Congress of Parents and Teachers; and for other purposes.

HB 2.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to effect a revision of all laws of this state dealing with subject of registration and qualification of voters; and for other purposes.

The Committee on State of Republic offered the following substitute:

A BILL
To be entitled "An act to effect a complete revision of all and singular the laws of this State in any way dealing with the subject of registration and qualification of voters by providing for the annulment of all registrations heretofore effected by providing for a permanent registration to be renewed periodically; the manner of applying for registration, the procedure to be followed by the County Registrars in handling such applications, the forms to be used in connection therewith, the tests to be submitted to voters before qualification, the appointment and qualification of County Registrars, their deputies, their terms, powers, duties and compensation; ; to provide for the preparation of a disqualified list by the Clerk of the Superior Court, the Tax Collector and/or Tax Commissioner and Ordinary, their duties and compensation; to provide for the preparation of a qualified voter's list for general elections and pirmaries and a supplemental list for special elections and primaries and the use and disposition of the same; to provide for hearings and proceedings on the subject of registration, qualification and challenge of voters; the notice to be given and served, the subpoenas to be issued, the manner and method of service; appeals from the decisions of the registrars and how made; to prescribe the questions to be submitted to applicants and that such questions and no others be used in testing them; to provide for the penalty of disfranchisement for those giving false information or failing to give correct information in response to queries of the registrars of their deputies ; to provide for the voting of persons removing from one county or militia district to another; to provide that any person: who shall sign

396

JOURNAL OF THE SENATE,

more than on registration card or who shall sign the registration card in and assumed or fictitious name, or who shall vote more than once, or who shall vote in an assumed or fictitious name, or vote without signing the registration card, or who shall aid or assist any one else in doing these things shall be guilty of a misdemeanor; to provide that any Registrar or Deputy who permits one to sign the voter's oath without reading it shall be guilty of a misdemeanor; to provide that any registrar or any other person who falsified any registration card or voter's list shall be guilty of a felony, and prescribing the punishment and penalty therefor; to declare the intention of the General Assembly in passing this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:

SECTION 1
That effective from the date of the approval of this Act no person shall be permitted to vote in any election in this State for Presidential electors, for members of Congress, for United States Senator, for Governor, Lieutenant Governor, for State House Officers, for members of the General Assembly, for County Officers, County Commissioners, Justices of the Peace, for Constables, for members of County Board of Education, where chosen by the people, nor in any other popular election to fill any State or County office now existing, or hereafter created, nor in any State or County election for any purpose whatever, unless such person shall have been registered and qualified as hereinafter provided.

SECTION 2
That except as hereinafter provided with reference to any special election occurring before the first general election list shall have been prepared as provided in this Act, all registrations heretofore effected are hereby declared null and void.

SECTION 3
That the first registration list hereunder shall be prepared in the year 1949 as if said year were a year in which a general election is to to be held.
SECTION 4
The registration provided for in this Act shall be permanent, but electors shall lose their place on the list unless they maintain their status as qualified voters by renewing their registration periodically as herein provided, The first period shall comprehend the years 1949, 1950, 1951, 1952 and 1953 and the periods thereafter shall be quadrennial periods beginning with the year 1954.
SECTION 5
Any elector who is qualified to vote in any period and who desires to maintain his status as a qualified voter for the next ensuing period may do so, provided he will after January 1st, and prior to six months

WEDNESDAY, FEBRUARY 9, 1949

397

before the general election occurring in first year of the next ensuing period, apply in person to the registrars for a renewal of his registration for such period. The registrars, or their deputy, shall require him to sign a written statement, or if he cannot write his name, the officer shall sign it for him, the elector making his mark thereto, said written statement being as follows :
"I am the identical person who signed the voter's oath on the within (attached) registration card. I desire to renew my registration for the quadrennial period beginning_________________________________________and ending -------------------------- My present address is: __________ ------------------------------- This___________day of___________________________, 19--------
Attest:
(Deputy) Registrar."

SECTION 6
Upon the signing of the renewal request and after the officer has attested the name, the registration card and the renewal request shall be turned over to the registrars. Upon receipt and perusal of the card, if no reason for disqualification appears, the registrars shall pass an order declaring the elector prima facie qualified to vote for the quadrennial period in question. It shall not be necessary for the registrars to again subject him to a qualification examination, but nothing herein contained shall abridge the powers of the registrars to inquire from time to time into the qualifications of voters, to hear and decide challenges or to remove voters from the list for any disqualification that comes to their attention as elsewhere in this Act provided.

SECTION 7
In the month of January in the first year of each quadrennial period the registrars shall give each qualified elector notice by mail, addressed to him at the address shown on his registration card, that unless such elector applies in person more than six months prior to the general election in said year for a renewal of his registration for such period, his name will be taken from the list of qualified voters. In the event any elector shall fail within the time provided to renew his registration his name shall be taken from the list of qualified voters and his registration shall be recalled. In the event such person desires to again become a qualified voter he shall apply for registration de novo.

SECTION 8
At any special election, held before the first list under the terms of this act shall have been prepared and filed, the general election list of qualified voters of the year 1948, in conjunction with a supplemental list prepared in accordance with the special election provisions hereafter set forth shall be used. In the same manner the last general election list of qualified voters in one quadrennial period shall be used for any special election in a succeeding quadrennial period which takes place prior to the preparation and filing of a new general election list. Nothing in this section shall be construed so as to prevent the registrars from purging said old list and the supplemental list and remove therefrom those persons not entitled to vote.

398

JOURNAL OF THE SENATE,

SECTION 9
The judge of the Superior Court of each county shall appoint quadrennially three upright and intelligent citizens of said county upon the recommendation of the grand jury of said county as county registrars. The grand jury shall submit to the judge the names of six upright and intelligent citizens and the appointment shall be made from the six submitted. The appointments shall be entered on the minutes of the court. Said appointment shall be for a term of four years and the appointees shall hold office until their successors are appointed and qualified. The said judge shall have the right, however, to remove said registrars at any time upon the recommendation of the grand jury, or upon proof that said registrars have failed to discharge their duty or are unfit for said appointment, and the judge of said court shall have the power to appoint successors in case of removal, death or resignation, who shall hold office until the next regular term of the grand jury of said county, when a new registrar or registrars shall be recommended by the grand jury and appointed by the judge as provided herein. If at the time appointments are to be made, the grand jury has been discharged, the judge shall recall them for the purpose of making recommendation as aforesaid. The first appointees hereunder shall have a five year term ending in 1953.

SECTION 10
Before entering upon his duties each of the county registrars shall take the following oath before some officer authorized to administer oaths under the laws of this state; to wit: "I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as county registrar."

SECTION 11
The tax comm1ss1oner or tax collector of the county shall be a deputy to the boards of registrars and shall perform the duties required of him under this act. Said tax collector or tax commissioner may, with the assent of the board of registrars, designate one or more of his own deputies, to act as additional deputies. The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their dutes.
SECTION 12
The regstrars of the several counties shall supply themselves with a supply of registration cards in the form hereinafter prescribed which shall be used by them in connection with the qualifying of those persons seeking to register as qualified voters.
SECTION 13
The form of the registration card shall be as follows:
REGISTRATION CARD District______________ Name____________________________________ Date__ __
"Georgia, _.- ______ ---------- ------- County

WEDNESDAY, FEBRUARY 9, 1949

399

I do swear, or affirm, that I am a citizen of the United States; that I am 18 years of age, or will be on the__________ day of___________________ , 19_______ ;
that I have resided in this state for one year, and in this county for six months, immediately preceding the date of this oath, or will have so resided on the ___________day of_______________________this calendar year; that I be-
lieve I possess the qualifications of an elector required by the Constitution of this state; that I am not disfranchised from voting by reason of any offense committed against the laws of this state. I further swear, or affirm, that I reside in the___________ District, G. M., or in the __________ward of the City of_________________, at number___________on_______________________ Street; that my
age is________ ; that I was born_______________ ; that my occupation is___________________.
I further swear or affirm that I have correctly answered the questions appearing elsewhere on this card under the words: "Questions propounded to applicant."

(Sign here)-----------------------------------------------------------
Sworn to and subscribed in the actual presence of:

(Deputy) Registrar)
QUESTION PROPOUNDED TO APPLICANT
1. Have you ever been convicted of a felony or crime involving moral turpitude? If so, name the offense, the place and court of conviction and the approximate date.
TO BE FILLED IN BY DEPUTY OR REGISTRAR 1. The applicant read (could not read) article___________section__________ paragraph _________ of the Constitution of Georgia (United States) intelligibly (unintelligibly) ."
2. The applicant wrote (could not write) article___________ section__________, paragraph____________ of the Constitution of Georgia (United States) legibly (illegibly).
3. The applicant stated that due solely to physical infirmity he could not read. Article___________ section____________ paragraph ____________was read to him and he explained it intelligibly. (Could not explain it.)
4. Applicant was this day served with notice to appear before registrars on____________day of______________________________ , 19________ .
The above form may be printed on cards or separate pieces of paper, which in addition to the form may contain such other data as the registrars may desire to enter thereon, but for convenience the card, or sheet, or sheets of paper shall be referred to as the "Registration Card."
SECTION 14
The registrars shall designate one of their number, or any deputy employed by them, to take charge of the registration cards. The said registrars, or either of them, or any deputy employed by them may administer the oath required of an elector and attest the same.

400

JOURNAL OF THE SENATE,

SECTION 15
The registrars shall keep said registration cards at the tax collector's or tax commissioner's office, where one or more of their number, or one or more of their deputies shall be stationed for the purpose of taking applications for registration. The presence of any such official shall not be required except at such times as said office is open at regular hours.

SECTION 16
The registrars shall, in each year in which there is an election for Governor or members of the General Assembly, cease their operations of taking applications from persons desiring to vote in such election six months before the date of such election. During the period while the general election list is being prepared they may suspend the operation of taking applications from those desiring to vote in subsequent elections, provided the office shall be kept open at least one day and the same day in each week during this period for receiving applications, and provided this day is advertised in the official organ of the county.
SECTION 17
Any person desiring to be registered and qualify as a voter shall apply to the registrars, or to the deputy stationed in the office of the tax collector or tax commissioner. Such person shall furnish the official with information which will enable him to fill all of the blanks appearing on the front and back of the registration card. On completion of the form the official shall administer the oath to the applicant and then have him sign it, and the official shall then attest it.
SECTION 18
Upon request of the applicant the official taking the application shall read or repeat the voter's oath distinctly to the applicant, and if the applicant cannot sign his name, the said officer shall sign it for him, the applicant making his mark thereto.
SECTION 19
Before the form of the voter's oath is completed, the official in charge shall inquire of the applicant whether he has ever been convicted of any felony or crime involving moral turpitude in any court in this or any other state. If the answer is in the affirmative a notation shall be made upon the card of the crime, the date and the court of conviction. If the offense is one of those enumerated in paragraph I of section II of article II of the Constitution of this state the registrars shall summarily reject the application. The official shall also submit to the applicant for his perusal one of several sections of the Constitution of this state or of the United States, which sections shall have been previously selected by the registrars, and the applicant shall be required to read it aloud, and write it out in the English language. The section so submitted shall be noted on the registration card, and whether or not it was intelligibly read and legibly written out should be noted. In all cases where it appears that the applicant solely because of physical disability is unable to read, the section shall be read to him by the official and he shall be called upon to give a reasonable interpretation of it. The opinion of the official as to whether the interpretation is reasonable

WEDNESDAY, FEBRUARY 9, 1949

401

shall be noted on the card, and the card shall be turned over to the registrars. If the applicant states he cannot read or write and his inability to do so is not due to physical infirmity, but that he desires to qualify as a voter by reason of his good character and his understanding of the duties and obligations of citizenship under a republican form of government, the fact that he cannot read and write shall be noted on the card. As the registration cards are completed they shall be turned over to the registrars for their consideration.

SECTION 20
The failure on the part of the applicant to disclose information sought by a direct question of the registrars, or either of them, or their deputy, in connection with the taking of the application or at subsequent proceedings, or the giving of false information, shall be cause for the applicant's application to be rejected by the registrars on their own motion, and shall also be a cause for challenge, which if sustained, shall result in the voter's name being removed from the list.
SECTION 21
As the registration cards are turned over to the registrars they shall proceed to a consideration of the qualifications of the applicants in the following manner :
1. In those cases where the applicant applied for qualification on the basis of literacy and it appears from the data on the registration card that he read the selected portion of the Constitution intelligibly and that he wrote the selected portion legibly, or that solely by reason of a physical disability he could not read it, but was able to interpret the selected portion reasonably when read to him, and said card shows no reason for disqualification, or non-compliance with the provisions of the law, the registrars shall pass an order declaring the applicant prima facie qualified. The interpretation in this case shall be in the applicant's own words, giving words the significance ordinarily attached to them by laymen of average intellect and attainments. In those cases where it appears from the registration card that the applicant could not write the selected portion of the Constitution legibly or could not read it intelligibly the registrars shall test him in the same manner as a person applying for leave to register and vote by reason of good character and understanding of the duties of citizenship under a republican form of government as herein provided.
2. In those cases where the applicant applied for qualification solely on the basis of his good character and his understanding of the duties of citizenship under a republican form of government, he shall be notified in writing to appear before the full board of registrars on a day and time certain and he or she shall at that time be subjected to an examination as to his or her qualifications, said examination to be conducted in accordance with the procedure hereinafter prescribed. If no reason for disqualification is developed by the examination and it discloses no noncompliance with the law, the registrars shall pass an order declaring the applicant prima facie qualified. If reason for disqualification is shown, an order shall be passed rejecting the application, and stating the reason.
3. In cases arising under the preceding paragraph and in all cases arising under this act where the applicant or the voter as the case may be

402

JOURNAL OF THE SENATE,

is required to be served with a notice of a hearing, unless otherwise provided, said notice shall specify a day not less than one, nor more than ten days after the date of the notice. The notice may be served by mailing same to applicant or voter at the address given on his application card. In the case of an application for registration, the official may hand the applicant a copy of the notice in person at the time he applies for registration, and this service shall be sufficient. The registrars, if present or in session at the time an application is filed, may proceed to the examination of the applicant instanter and without notice.
4. Failure to appear at the time specified in any notice under this section or in any notice given in connecton with any hearing under this act shall constitute cause for dismissing an application or of removing a voter's name from the list and the_ registrars shall enter an order to that effect. No new application for registration shall be received from the applicant during the quadrennial period in which his application is thus dismissed or his name is removed from the list. However, the application may be reinstated on motion of the applicant, if he can prove that he was not in fact served with such notice or furnished with a notice.
5. In all cases under this section and under this act where an order is entered denying the application or removing a voter's name from the list, the registrars on the day that the order is issued shall notify the party by mail addressed to the address shown on the registration card. If any adverse decision is reached when the party is present no such notice is required.

SECTION 22
"The examination which the registrars shall submit to those persons who claim the right to register and vote on the basis of good character and understanding of the duties of citizenship under a republican form of government shall be based upon a standardized list of questions, and questions from this list and no others shall be submitted to each applicant. In each instance where an applicant in this category is examined, the registrars shall keep a record of the questions submitted and whether or not the same were correctly answered and file the record with the registration card.
SECTION 23
In order for an applicant to be eligible for qualification as a voter in the classification set forth in the preceding section he must be able to give factually correct answers to ten questions out of any twenty questions submitted to him from the following list of questions:
1. Who is President of the United States? 2. What is his term of office under the Constitution? 3. May he be legally elected for a second term? 4. If he dies during his term of office, who succeeds him? 5. If he becomes unable to perform his duties during his term of
office, what happens? 6. If the Vice President succeeds to the Presidency and dies, who
succeeds to the Presidency? 7. How many groups compose Congress of the United States?
8. How many United States Senators are there? 9. How many United States Senators are there from Georgia?

WEDNESDAY, FEBRUARY 9, 1949

403

10. How are United States Senators elected? 11. Who are the United States Senators from Georgia now? 12. How many members are there in the House of Representatives of
the United States? 13. How many Congressmen represent Georgia in Congress? 14. How are Congressmen elected? 15. Can you name three Congressmen from Georgia in the present
House of Representatives?
16. How many congressional districts are there in Georgia? 17. In what congressional district do you reside? 18. Who is your representaive in Congress? 19. How long has your Congressman served? 20. Is your Congressman a resident of your congressional district? 21. Does your Congressman under the law have to be a resident of
your congressional district. 22. Can you name three committees in the National House of Rep-
resentatives? 23. Is your Congressman a member of any one of the three committees
named? 24. Can you name any committee in the National House of Repre-
sentatives of which your Congressman is a member? 25. Under the provisions of the United States Constitution, must there
be a Supreme Court? 26. Can you name two other federal courts? 27. Can Congress abolish all other courts than the Supreme Court? 28. How many judges are there on the Supreme Court of the United
States? 29. Does the Constitution prescribe this number? 30. Who is the chief justice of the United States? 31. Can you name two other justices of the Supreme Court of the
United States? 32. Who is the Governor of Georgia? 33. Who is the Lieutenant Governor of Georgia? 34. Who is chief justice of the Supreme Court of Georgia? 35. How many other judges are there on the Supreme Court of
Georgia? 36. Who is the chief judge of the Court of Appeals of Georgia? 37. How many other judges are there on the Court of Appeals of
Georgia? 38. Who is judge of the Superior Court of your circuit? Is there
more than one? 39. Into what two groups is the General Assembly of Georgia divided? 40. What is the name of these two groups? 41. How many Senators are there in the Georgia Senate? 42. What state senatorial district do you live in? 43. Who is your State Senator? 44. How many members are there in the House of Representatives of
Georgia? 45. Does each county have at least one representative in the House
of Representatives in Georgia? 46. Do all counties have the same number of representatives in the
House of Representatives of Georgia? 47. Who is the representative from your county? If more than one,
who are they? 48. In what county do you live? 49. What is the county seat of your county? 50. Who is the mayor of the county seat of your county?

404

JOURNAL OF THE SENATE,

In the event the applicant should fail to answer said ten questions his application shall be denied and an order to that effect shall be entered by the registrars."

SECTION 24
The electors who have qualified shall not be required to register again or further qualify, except as herein provided and as they may be required to do so by the registrars. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered.
SECTION 25
The tax collector or tax commissioner and the clerk of the Superior Court and the ordinary of each county shall, on or before the 20th day of April in each year, prepare and file with the registrars a complete list, alphabetically arranged, of all persons living in the county on the lOth day of April of that year, who appear to be disqualified from voting by reason of idiocy, insanity, or conviction of a crime, the penalty of which is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him.
SECTION 26
ln preparing said list of disqualified persons, said tax collector, or tax commissioner, ordinary and clerk of the Superior Court shall act on the best evidence obtainable by them, and they shall especially examine and consider the records of the criminal courts of the county. In the event of disagreement the opinion of two of them shall control.
SECTION 27
The registrars shall on the 20th day of April in each year in which a general election is to be held, or on the day thereafter if the 20th day of April occurs on a Sunday, begin the work of perfecting a true and correct list of the qualified voters of their county. They shall place on said list only those persons they have found to be prima facie qualified to vote under the terms of this act and those persons whose applications were pending on said date and whom they shall subsequently find to be prima facie qualified to vote. In preparing said list they shall examine the list of disqualified persons furnished them by the tax collector or tax commissioner, the ordinary and the clerk of the Superior Court, and if any applicant's name is found thereon they shall not place his name on the voter's list. If the information comes to them after the preparation and filing of the list they shall call upon him to show cause why it should not be removed from the list.
SECTION 28
The registrars shall proceed with their work of perfecting said list of qualified voters and shall complete the same not later than June the first. In any county in which the registrars find that one board cannot complete its work by said date, they may call upon the judge of the Superior Court to appoint one or more assistant boards of registrars with like duties and responsibilities, and the work shall be divided as the regular board may direct. Should the registrars be unable for any reason to complete their work by said date, then the said registrars may

WEDNESDAY, FEBRUARY 9, 1949

405

at any time before the 20th day of August during the year in which general elections are held, make and file said list of registered and qualified voters.

SECTION 29
Within five days after completing said list of qualified voters, the registrars shall file with the clerk of the Superior Court of their county the completed list as prepared and determined by them. Said list shall be alphabetically arranged by militia districts, and in case a city is located in the county, by the wards of said city, and the said list shall be the list of the registered and qualified voters for the general election to be held in said year for the Governor and other state officers and members of the General Assembly. No person whose name does not appear on said list shall vote or be allowed to vote at said general election or at any party primary to nominate candidates for the offices to be filled at said general election, except as hereinafter provided.

SECTION 30
Each person whose name is on said list for the general election shall be entitled to vote in said general state election for said year, and all primaries to nominate candidates for offices to be filled at said general elections, and also at the federal election in November of said year, and the election in November of said year, and the election for justices of the peace and constables to be held in said year, and at all primaries for the nomination of candidates for the offices to be filled at said elections and at all primaries for county offices, and all other primaries and elections to be held for any purpose during said year and after the filing of said registration list or during the succeeding year, provided, however, that such person is not found to be disqualified subsequent to the filing of the list.

SECTION 31
If any person whose name is not on said registration list, desires to vote at any election or primary subsequent to the general state election whether in said year or in the succeeding year, he shall at least six months before the election at which he desires to vote, apply to be registered as a voter, and his application shall be processed in the same manner as the applications of persons qualifying to vote in the general election. The registrars shall, six months before such election other than the general state election, cease taking applications to qualify persons to vote in such election and shall within twenty-five days thereafter pass upon such qualifications in the same manner as in other cases and file with the clerk of the Superior Court a supplemental list showing the names of additional voters who are entitled to vote at such election subsequent to the general election. Any person whose name appears upon said list may vote at such election and at any primary to nominate candidates for offices to be filled at said election, provided, that the registrars shall purge said list before filing it of the names of all persons who will not be qualified to vote at said election. All voters on said list shall have the same rights as the elections subsequent to such election as persons on the list for the general election. Provided, that at any special election the provisions of the next succeeding section shall be followed as to registration and voting.

406

JOURNAL OF THE SENATE,

SECTION 32
Any person who has registered for a general election shall, if otherwise qualified to vote at any special election before the next general election, be listed and entitled to vote at such special election. Five days after the call of said special election, the registrars shall cease taking applications from persons desiring to register and qualify to vote therein, and proceed to examine into the qualifications of the applicants in the same manner as herein provided with reference to applicants desiring to qualify to vote in general elections. The registrars shall then prepare a supplemental list showing the names of additional voters who are entitled to vote at such special election, and any person whose name appears on said list may vote at such special election, but the registrars shall purge said list before filing it of all persons who will not be qualified to vote in the same manner as provided with reference to the list for the general election. The list so prepared and arranged alphabetically and divided according to districts and wards as in the case of general election lists shall be filed in the office of the clerk of the Superior Court within ten days after the call of said special election. It shall be the duty of the registrars upon the call of a special election to purge the list of registered voters prepared for the last general election of any names subsequently disqualified for any reason and to furnish the managers of such special election two lists, one composed of the names of voters entitled to vote by reason of their registration and qualification for the last general election, and the other made up of the names of those entitled to vote by reason of their subsequent registration as hereinbefore provided, and no one shall be entitled to vote in said special election unless his name is on one of the lists furnished by the registrars.

SECTION 33
The board of registrars shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector whose name is entered upon the list of qualified voters, and shall not be limited or estopped by any action taken at any prior time.

SECTION 34
Any person, who, after application, was unlawfully denied the right to qualify as a registered voter, may have his name placed upon the list of registered voters, upon satisfactory showing made to the registrars that he is entitled to register and qualify. The registrars shall not be confined to the evidence furnished by the list of disqualified voters, but may have access to the original papers or books from which said lists were compiled, and may hear any competent written evidence or oral testimony, under oath, concerning the disqualification of any person whose name appears on the list taken from the registration cards. The registrars may likewise hear any competent written evidence or oral testimony, under oath, concerning the removal of the disqualification of any person whose name appears on the list of disqualified voters. The names of all persons who were not of age, or who had not resided in the state and county the requisite time at the date of filing an application for registration and qualification, shall be placed on the proper lists prepared for any election occurring after the date when such persons reached the age of eighteen years or have resided in the state and county the requisite time, provided such persons are otherwise qualified.

WEDNESDAY, FEBRUARY 9, 1949

407

SECTION 35
For the purpose of determining the qualification or disqualification of persons as aforesaid, the registrars may, upon one day's notice, require the production of books, papers, etc., and upon like notice may subpoena and swear witnesses. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of two of said registrars shall control.

SECTION 36
The sheriff, his deputy, or any lawful constable of said county may serve all summonses, notices, and subpoenas, as issued by said registrars, and shall receive such compensation as is customary for like services.

SECTION 37
If the right of any person whose name appears on the list of qualified voters is questioned by the registrars, said registrars shall give such person written notice of the time and place of the hearing which shall be served upon said person in the manner hereinbefore provided for other notices.

SECTION 38
The list of registered voters prepared by the registrars shall be open to public inspection, and any citizen of the county who is himself a registered and qualified voter shall be allowed to contest the right of registration of any person whose name appears upon the voter's list, and upon filing a contest as to the qualifications of the voter the registrars shall notify the voter and pass upon the contest. Each challenge shall specify the grounds of the challenge, and when notice is given the voter by the registrars, a copy of such challenge shall be furnished the challenged voter at least one day before passing upon the same.

SECTION 39
The registrars shall, at or before the hour appointed for opening the polls, place in the possession of the managers of the election at each voting precinct in the county one or more printed or clearly written copies of the lists of registered voters for such militia district or city ward in which the voting precinct is situated, said list to contain all the information hereinbefore provided for; and the registrars shall, in like manner, place in possession of the election managers of the voting precinct at the court house, at the county seat, proper lists for each militia district, the voting precinct of which is situated outside of an incorporated town. The list for a given district or ward may be divided into as many sections as there are ballot boxes in said district or ward. Said list of registered voters shall be duly authenticated by the signatures of two of said county registrars.

SECTION 40
All persons whose names appear on the list of registered voters placed in the possession of the election managers, and no others, shall be allowed to deposit their ballots according to law, at the voting precinct of the militia district or city ward in which they are registered, but not

408

JOURNAL OF THE SENATE,

elsewhere, except as hereinafter provided. If in any city ward or militia district a voting precinct is not established and opened, the registrars shall furnish to the election managers at the voting precinct at the court house, at the county seat, the lists of registered voters of such ward or militia district, and persons whose names appear on such lists shall be allowed to vote at the voting precinct at the court house, at the county seat, under the same rules that would have governed if a voting precinct had been established and opened in said ward or militia district.

SECTION 41
If any person shall offer to vote at the precinct at the court house, at the county seat, whose name does not appear on the lists for that ward or militia district, but does appear on the lists for one of the militia districts in which the voting precinct is situated outside of an incorporated town, such person shall be allowed to vote at the court house, at the county seat, upon taking the following oath: "I swear, or affirm, that I have not voted elsewhere in this election." The name of such voter shall be kept on a special list by the election managers and checked against the list of his precinct, militia district or ward, to ascertain whether or not he has voted in such election more than once.

SECTION 42
When any portion of a county is changed from one county or district to another, the persons who would have been qualified to vote in the county or district f1om which taken, at the time of any election, shall vote in the county or district to which they are removed, and if required to swear, the oath may be so qualified as to contain this fact. The name of such voter shall be kept and checked as herein provided in section 41 of this act.
SECTION 43
If any person shall change his residence from one militia district to another or from one county to another after qualifying to vote and shall desire to vote in any election in the district or county into which he removes at which he would be qualified to vote, he shall have the right, upon application to the registrars, and satisfactory proof before them that he will be qualified to vote at said election, to have his name placed upon the list of registered voters for the district or county into which he has removed, for said election, with the same rights as others registered for said election, provided necessary proof is in the hands of the registars ten days before such election and the name of such person shall be stricken from the list on which it formerly appeared, prior to the date of such election.

SECTION 44
When any person desires to vote he may be challenged and required to take, in addition to the oath required to qualify an elector, the following oath in writing: "I do solemnly swear that I am (here insert the name, the same as on the registration list) ; that I am duly qualified as an elector, and at the time gave my address as (here give the address given on the registration card); that I have for the last six months resided at the following addresses (here give detailed addresses during the last six months with such particularity that the same can be readily

WEDNESDAY, FEBRUARY 9, 1949

409

verified or disproved) ; that I have resided at such places under the name of (here insert any name or alias used)." Such written oath shall be filed with the manager of the election and preserved.

SECTION 45
The managers of the elections at the different precincts shall return the list of registered voters to the clerk of the Superior Court by which officer said lists shall be kept open for public inspection, and by said officer placed with the foreman of the next grand jury for such action as may be deemed proper by the grand jury. Said list is not to be placed with said clerk until after examination by the board of consolidation.

SECTION 46
Said lists of qualified voters, lists of disqualified persons and registration cards, shall be at all times open to the reasonable inspection of any citizen of the county, but shall not be removed for such inspection from the custody of the official in charge. At the end of each year the registrars shall file, in the office of the ordinary, certified copies of the lists of registered voters prepared for each election.

SECTION 47
All the duties herein required of the registrars and all hearing of evidence upon the qualifications of voters shall be discharged and had in public. However, when several persons have been notified to appear before the registrars at the same time, the registrars, in their discretion, may examine each one of them separately and apart from the others.

SECTION 48
For each application to register and qualify taken by the tax collector or tax commissioners, or his deputies acting in the capacity of deputy registrar, said tax collector or tax commissioner shall receive the sum of five cents. For each name on the list of disqualified voters prepared in each year by the tax collector or tax commissioner, ordinary and clerk of the Superior Court, each of said officers shall receive the sum of one and one-half cents, but their compensation shall not be less than two dollars a day. The compensation of the registrars shall be fixed by the judge of the Superior Court. The compensation of said officials, the printing and supplying of registration cards, stationery and stamps, the hire of clerical help retained by the registrars and all other necessary expense in connection with the registration of voters shall be paid by the county commissioners, or that person, or those persons, exercising the functions of county commissioners, from the county treasury. All payments hereunder shall be made in the usual manner county bills are paid.
SECTION 49
In any county in this state where the registration records have been destroyed by fire or otherwise, all voters shall register as herein provided, so that there may be a registration list.

410

JOURNAL OF THE SENATE,

SECTION 50
Any person who shall sign his name or his mark to the oath on the registration card as prescribed by law, and who is not in fact qualified as stated in the oath; or who shall sign his name or his mark to the oath on more than one registration card, unless required to register by the registrars; or who shall in a like manner sign any assumed or fictitious name; or who shall aid or abet any other person to sign his name or make his mark to the oath on more than one registration card unless such other person shall have been required to re-register; or who shall aid or abet any other person to sign an assumed or fictitious name to the oath on said registration card; or who shall deposit or aid or abet another to deposit a ballot at any election in any name other than his own, as appears on the list of registered voters as required by law; or who shall vote without having signed the oath on the registration card and otherwise qualifying to vote shall be guilty of a misdemeanor.

SECTION 51
Any registrar, or any deputy registrar who shall permit any person to sign the voters oath on the registration card, unless such person shall have actually made the oath before him as provided by section 17 of this act shall be guilty of a misdeemanor.
SECTION 52
Any registrar, or any deputy registrar, or any other person who shall falsify the registration cards, or any lists taken or made up therefrom as hereinbefore provided shall be punished by confinement in the penitentiary for not less than one nor more than five years and shall be thereafter prohibited from voting or holding any office in this state.
SECTION 53
The registrars shall meet at the court house during voting hours of each election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertence or mistake from the qualified list of voters.
SECTION 54
The General Assembly declares that the intent and purpose of this act is to provide for a new and exclusive method of qualifying voters, such revision being necessary in order to make the laws of this state conform to the requirements of the Constitution of Georgia adopted in the year 1945.
SECTION 55
That all acts and parts of acts in conflict herewith be, and the same are hereby repealed.
The hour of adjournment having arrived, the President announced that HB 2 will be carried over as unfinished business for tomorrow.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

THURSDAY, FEBRUARY 10, 1949

411

Senate Chamber, Atlanta, Georgia. Thursday, February 10, 1949.

The Senate met pursuant to adjournment this morning at 10 o'clock 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 :

Ansley Blalock Boyett Brooks Clary Coleman Daniel Davis Dykes Florence Foster Garrett Gholston Harris Harrison

Higginbotham Housley Jones Land, 51st Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Wright Zellner

Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.

Senator Harrison of the 17th moved that the Senate reconsider its action of yesterday on the passage of the following bill:

HB 128. By Messrs. Walker of Telfair, Moore of Dodge, Kidd of Baldwin and others:
A bill to repeal an act to make additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.
On the motion to reconsider the ayes were 16, nays 21, and the motion was lost.

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

Senator Purdom of the 46th 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 Senate bills and resolutions. 3. First reading and reference of House bills and resolutions.

412

JOURNAL OF THE SENATE,

4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported. 7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions.

The President, as presiding officer of the Senate, shall have the right to call up bills in any order that he sees fit to do.
The consent was granted.

Senator Blalock of the 36th asked unanimous consent that the following bill be withdrawn from Committee of the State of Republic and recommitted to the Committee of Temperance:
SB 93. By Senators Dykes of the 14th, Stark of the 35th, Tarver of the 48th and others:
A bill to establish a State Racing Commission; to provide for holding and conducting race meetings and for licensing and taxing such racing; to provide and regulate the making of pari mutuel pools within licensed race tracks ; 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 resolutions of the House and Senate to wit:
HB 40. By Messrs. Gross of Stephens, Griggs of Habersham and Johnson of Hall:
A bill to provide for the giving of security by owners and operators of motor vehicle. To repeal an act entitled "Motor Vehicle Safety Responsibility" (Georgia Laws 1945, pages 276, 277 and 278) and for other purposes.
HB 240. By Messrs. Abney of Walker and Hale of Dade and others:
A bill to amend an act which abolished the fee system in the Superior Courts of the Cherokee Judicial Circuit, set up a salary for the solicitor general, and for other purposes.
HB 53-291d. By Mr. Kennedy of Tattnall:
A resolution to pay damages to personal property of Clarence Smith caused by operation of prison at Reidsville; and for other purposes.

THURSDAY, FEBRUARY 10, 1949

413

HB 364. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend the act approved August 19, 1918, creating a new charter and municipal government for the City of Rome, by enlarging the present city boundaries and corporate limits; and for other purposes.

HB 367. By Messrs. Vaughn and Moulton of Floyd:
A bill to amend the charter of the City of Rome approved August 19, 1918, as amended by various acts and especially by acts approved February 16, 1943, Georgia Laws, pages 1560 and 1571, and for other purposes.

HB 446. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Gross of Stephens, and Tuten of Bacon:
A bill for the election and inauguration of the Governor and the effect thereof; and for other purposes.

HB 447. By Messrs. Twitty, Hand, of Mitchell and others:
A bill to further regulate primary elections; to provide for the qualification of candidates for state offices at such primary elections; and for other purposes.
HB 507. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray, and others:
A bill to amend an act of the General Assembly of Georgia, entitled "Teachers Retirement System" to establish a retirement system for aged and incapacitated teachers in the state public schools, and for other purposes.
HB 508. By Messrs. Matthews of Clarke, Baker of Clarke, Pannell of Murray, and others:
A bill to amend sections 32 of the 1933 Georgia Code relating to the public school system, and adding a new chapter thereto; and for other purposes.
HB 509. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray, Campbell of Oconee and Hollis of Muscogee:
A bill to amend chapter 32-1 of the Code of Georgia of 1933, relating to the powers, authority and constitution of the board of regents of the University System of Georgia by adding to said chapter a new section to be known as "section 32-152" and providing that the board of regents shall be empowered to establish pension and retirement allowances; and for other purposes.
The House has passed as amended the following bills of the Senate to wit:
SB 21. By Senator Land of the 51st:
A bill to provide for the creation of the office of solicitor general, emeritus; to prescribe eligibility for incumbents; to provide terms, duties, and compensation; and for other purposes.

414

JOURNAL OF THE SENATE,

SB 55. By Senators Grayson of the 1st, Eve of the 18th, Saunders of the 25th, Williams of the 20th and others :
A bill to amend that certain act of the General Assembly known as the State Ports Authority act of 1945; and for other purposes.

The House has agreed to Senate amendments to the following bill and resolution of the House, to wit:
HB 156. By Messrs. Page, Hood and McGee of Chatham:
A bill to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah; and for other purposes.

HB 19-lOOa. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Gross of Stephens and Smith of Emanuel:
A resolution establishing authority of the Governor, state highway director and attorney general to execute agreements with U. S. Government concerning highway rights of way through dams and reservoirs built by U. S. Government; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 21. By Senator Land of 51st:
A bill to provide for the creation of the office of solicitor general emeritus; to create the solicitors' general retirement fund of Georgia; and for other purposes.

The House offered the following amendment:
Amend section II of SB 21 by adding the following at the end of paragraph II as follows:
"Provided however that no appointment shall be made until January 1, 1953."

Senator Purdom of the 46th moved that the Senate disagree with the House amendment.
On the motion to disagree the ayes were 34, nays 0, and the amendment was disagreed to.
Amend SB 21 by amending section 2 thereof by inserting between the comma or line 3 and the word "shall" the following:
"or who .is p1esently solicitor general and has served the required number of years under this bill either in the office of solicitor general, or has served a portion of this time as solicitor of a city court from which appeals can be taken direct to the Court of Appeals of this state; provided, however, a majority of the time required must have been served in the office of the solicitor general of a superior court".
To further amend SB 21 by striking the period at the end of section 9 thereof, and adding in lieu thereof a comma and inserting the following:
"ot shall have rendered a part of said service as solicitor of a city
court from which direct appeals may be taken to the court of appeals of Georgia as set forth in section 2 of this act.

THURSDAY, FEBRUARY 10, 1949

415

Senator Purdom of the 46th 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 House offered the following amendment:
Amend SB 21 as follows:
By adding to section 9 as follows:
"Provided, however, that any solicitor general who receives an annual salary of, or whose fees annually exceed, the sum of six thousand dollars, or more, shall pay into said retirement fund only five per cent on six thousand dollars, and, provided, further, that in no event shall any solicitor general, emeritus, receive an annual salary or payment from the State of Georgia, under this bill, of more than four thousand dollars".
By adding the following provision at the end of section 10:
"Provided however, such payments made to the treasurer shall not exceed in any calendar year the sum of five per cent on six thousand dollars".
By adding the following provision at the end of section 4.
"Provided, however, that any solicitor general who receives an annual salary of, or whose annual fees exceed, the sum of six thousand dollars, or more, shall pay into said retirement fund only five per cent on six thousand dollars, and provided, further, that in no event shall any solicitor general, emeritus, receive an annual salary or payment from the State of Georgia, under this bill, of more than four thousand dollars".
Senator Purdom of the 46th 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 amendment thereto:
SB 55. By Senators Grayson of the 1st, Saunders of the 25th, Eve of the 18th, and others:
A bill to amend the State Ports Authority act approved March 9, 1945, by changing the name to "Georgia Ports Authority" to provide qualification for members of the Georgia Ports Authority, to authorize the Governor to convey lands known as the Medical Depot Site in Chatham County to the authority; to authorize the authority to borrow money and to issue revenue anticipation certificates; and for other purposes.
The House offered the following amendment:
Amend SB 55 by adding a new paragraph thereto just before the repealing clause to read as follows: "That paragraph B of section 3 defining the term 'Project' as app1oved by the act of the General Assembly

416

JOURNAL OF THE SENATE,

March 9, 1945, be amended by inserting in the fifth line of said paragraph and section immediately after the word 'commerce' the following language:
"Including plants for the manufacturing and processing of products of Georgia farms and forests."
Further amend SB 55 by inserting the caption of said bill in the next to the last line thereof and just before the word "repealing" the following language:
"authorizing plants to manufacture and process the products of Georgia farms and forests".

Senator Overby of the 33rd moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 32, nays 0, and the amendment was agreed to.

The following resolution was read and adopted:
HR 89. By Mr. Willingham of Cobb:
A resolution commemorating Mrs. Alice McClellan Birney as founder of the "Congress of Parents and Teachers".
Senator Pilcher of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on Public Welfare and recommitted to the Committee on Public Health:
HB 104. By Messrs. Hunter of Troup and McLaughlin of Wayne:
A bill to amend an act for the purpose of allowing dental college clinics to charge for services rendered; for the purpose of increasing the number of members of the Board of Dental Examiners; and- for other purposes.
The consent was granted.
Senator Gholston of the 30th asked unanimous consent that the following bill be recommitted to the Committee on Public Health for the purpose of holding a public hearing:
SB 79. By Senator McCoy of the 4th:
A bill to require premarital examinations for syphillis; and for other purposes.
The consent was granted.

The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committee :
SB 118. By Senator Dykes of the 14th:
A bill to raise the salaries of the elected county officials of the County of Bleckley; and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, FEBRUARY 10, 1949

417

SB 119. By Senator Purdom of the 46th:
A bill to amend section 56-207 of the Code of 1933, as amended, to provide that capital stock of any insurance company may be divided into shares of any sum from $1.00 to $10.00 each; to provide that any company may reduce the par value of the shares of stock to any sum from $1.00 to $10.00 per share; to make this act applicable to industrial life, health and/or accident insurance companies; and for other purposes.
Referred to the Committee on General Judiciary.

SB 120. By Senator LeCraw of the 52nd:
A bill to repeal sections 86-207, 86-501, 86-502 and 86-503 of the Code of Georgia of 1933 and substituting new sections relating to public defense so as to reorganize the military forces of this state; to provide the adjutant general shall have the rank of major general; the assistant adjutant general shall have the rank of brigadier general; to provide for the appointment of a property and disbursing officer; and for other purposes.
Referred to Committee on Military Affairs.

The following bills and/or resolutions of the House were read the first time and referred to the committees:
HB 40. By Messrs. Gross of Stephens, Griggs of Habersham and Johnson of Hall:
A bill to provide for the giving of security by owners and operators of motor vehicle; to repeal an act entitled "Motor Vehicle Safety Responsibility" (Georgia Laws 1945, pages 276, 277, 278); and for other purposes.
Referred to Committee on State of Republic.
HB 240. By Messrs. Abney of Walker, Hale of Dade and others:
A bill to amend an act which abolished the fee system in the Superior Courts of Cherokee Judicial Circuit, set up a salary for the solicitor general; and for other purposes.
Referred to Committee on General Judiciary.

HB 364. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend the act of 1918 creating a new charter and municipal government for the City of Rome by enlarging the present city boundaries and corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 367. By Messrs. Vaughn and Moulton of Floyd:
A bill to amend the charter of the City of Rome approved 1918 as amended by various acts and especially by acts approved February 16, 1943 ; and for other purposes.
Referred to Committee on Municipal Government.

418

JOURNAL OF THE SENATE,

HB 446. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Gross of Stephens and Tuten of Bacon:
A bill for the election and inauguration of the Governor and the effect thereof; and for other purposes.
Referred to Committee on State of Republic.

HB 447. By Messrs. Twitty and Hand of Mitchell and others:
A bill to further regulate primary elections; to provide for the qualification of candidates for state offices at such primary elections; and for other purposes.
Referred to Committee on State of Republic.

HB 507. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray and others:
A bill to amend an act of the General Assembly entitled "Teachers Retirement System," 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 508. By Messrs. Matthews of Clarke, Baker of Clarke, Pannell of Murray

and others :



A bill to amend the 1933 Georgia Code relating to the public school system and adding a new chapter thereto; and for other purposes.
Referred to Committee on Education and Public Schools.

HB 509. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray, Campbell of Oconee and Hollis of Muscogee:
A bill to amend the Code of Georgia of 1933, relating to the powers, authority and constitution of the board of regents of the University System of Georgia by adding to said chapter a new section to be known as "section 32-152" and providing that the board of regents shall be empowered to establish pension and retirement allowances; and for other purposes.
Referred to Committee on University of Georgia.

HR 53-291d. By Mr. Kennedy of Tattnall:
A resolution to pay damages to personal property of Clarence Smith caused by operation of prison at Reidsville; and for other purposes. Referred to Committee on Finance.

HB 86. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel, Gross of Stephens and Ray of Warren:
A bill to be enacted for the prevention of the destruction of life and property by fire, explosion of related hazards, to create for such purposes office of Georgia safety fire commissioner to prescribe his duties, to prescribe penalties for violation of this act; and for other purposes.
Referred to Committee on General Judiciary.

THURSDAY, FEBRUARY 10, 1949

419

HB 199. By Mr. Mathews of Peach:
A bill to amend the Code of 1933 relating to fines and the fine and forfeiture fund and to the distribution and disbursement thereof, and to the priorities of claims against said fund; and for other purposes.
Referred to Committee on General Judiciary.
Mr. Zellner of the 22nd 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 140. Do Pass by substitute.
SB 69. Do Pass as amended.
HB 228. Do Pass.
SB 94. Do Pass. Respectfully submitted, Zellner of 22nd District, Chairman

Mr. Pilcher of the 19th District, chairman of the Committee on Interstate Cooperative Council of State Government, submitted the following report:
Mr. President:
. Your Committee ~n Interstate Cooperative Council of State Government 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 48-257a. Do Pass. Respectfully submitted, Pilcher of 19th District, Chairman

Mr. LeCraw of the 52nd District, chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:

Your Committee on Military Affairs 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 104. Do Pass.

Respectfully submitted, LeCraw of 52nd District, Chairman

420

JOURNAL OF THE SENATE,

Mr. Smith of the 37th 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 87. Do Pass.

SB 85. Do Pass.

SB 97. Do Pass.

SR 34. Do Pass.

SB 117. Do Pass.

HB 61. Do Pass.

HB 62. Do Pass.

HB346. HB 161. HB 302. HB393.

Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Ayers of the 13th 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 399. HB 291. HB 344. HB 411. HB 384. HB 386. HB 377. HB 391. HB 213.

Do Pass. Do Pass. Do Pass as amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

THURSDAY, FEBRUARY 10, 1949

Mr. Housley of the 32nd 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 100.

Respectfully submitted, Housley of 32nd District, Chairman

The following bills and/or resolutions of the Senate and House, favorably reported by the committee, were read the second time:
SB 69. By Senators Grayson of the 1st and Harrison of the 17th:
A bill to require all public and private schools to give an examination on the Constitution of the United States and Georgia; and for other purposes.
SB 85. By Senators Rich of the 8th, Blalock of the 36th and Land of the 24th:
A bill. to create a Georgia Board of Veterinary Examiners; to define and regulate the practice of veterinary medicine; to pt;ovide for examination and licensing of veterinarians; and for other purposes.
SB 87. By Senator Grayson of the 1st:
A bill to amend code section 95-204 by providing the method of condemning land for the purpose of altering, grading, improving or relocating an old road or establishing a new one; and for other purposes.
SB 94. By Senator Pilcher of the 19th:
A bill to amend the teacher retirement system by extending the compulsory time of retirement for those who have attained the age of 70 from June 30, 1949, to June 30, 1952; and for other purposes.
SB 117. By Senators Eve of the 18th, LeCraw of the 52nd and Grayson of the 1st:
A bill to amend the statutes of Georgia relating to venue and enlarging the discretionary powers of Superior and City Courts of the state; to decline jurisdiction of civil cases arising out of the state wherein the plaintiff and defendant are both non-residents of the state; and for other purposes.
SR 34. By Senator Smith of the 37th:
A resolution proposin~ al!' amend~ent to article VI, section II, paraJ graph IV of the Constitution of this state by adding to said paragraph

422

JOURNAL OF THE SENATE,

IV an additional paragraph providing that the Supreme Court shall have jurisdiction to render advisory opinions provided the advisory opinion requested concerns a matter of grave public importance; and shall relate to the construction of the Constitution of this state or any
provision thereof.

SB 104. By Senator Grayson of the 1st:
A bill to alter and amend an act to incorporate the Savannah Volunteer Guards of the City of Savannah, approved December 22, 1861; and for other purposes.

HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide a minimum foundation for education in Georgia; and for other purposes.

HB 228. By Messrs. Johnson and Barton of Hall:
A bill to amend an act creating the Gainesville public school system; providing for the levy of tax in support and maintenance of said schools; and for other purposes.

HR 48. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states; and for other purposes.

HB 302. By Mr. Twitty of Mitchell:
A bill to amend the act of the General Assembly of Georgia, creating the office of judge emer~t:us1 so as to make further and additional provision for the eligibility of persons for such office; and for other purposes.

HB 344. By Mr. Bennett of Barrow:
A bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
HB 377. By Mr. Denton of Paulding:
A bill to abolish the offices of tax receiver and tax collector of Paulding County; and for other purposes.
HB 384. By Mr. Mangum of Columbia:
A bill to fix the sum of money to be paid to the solicitor general of the Augusta Judicial Circuit by Columbia County; and for other purposes.

THURSDAY, FEBRUARY 10, 1949

423

HB 386. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act of the General Assembly of Georgia entitled "An act to establish the City Court of Waynesboro in and for the County of Burke"; and for other purposes.

HB 391. By Mr. Dorsey of White:
A bill to amend an act entitled "White Tax Commissioner"; and for other purposes.

HB 393. By Mr. Swindle of Berrien:
A bill to amend an act of the General Assembly of Georgia approved February 22, 1933, providing for the holding of four terms each year of Berrien Superior Court; and for other purposes.
HB 399. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; and for other purposes.

HB 61. By Mr. Hubert of DeKalb:
A bill to be entitled an act to amend the act with reference to the duration of tenancies where no time is specified; and for other purposes.

HB 62. By Mr. Hubert of DeKalb:
A bill to be entitled an act to amend the law with reference to proceedings against intruders; and for other purposes.

HB Hil. By Messrs. Adams of Brantley, McMillan of Washington and others:
A bill to amend section 24-1701 of the Code of Georgia, providing for proceedings 1vhen ordinary disqualified; and for other purposes.

HB 213. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to increase the salary of the solicitor general of Richmond Judicial Circuit; and for other purposes.

HB 291. By Messrs. McWhorter, Hubert and Howard of DeKalb, Kemp of Clayton and others:
A bill to provide that the salary of the judge of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasurer of DeKalb County; and for other purposes.

HB 346. By Mr. Twitty of Mitchell:
A bill to provide for the approval and adoption of, and to adopt and make of force, a supplement to the Code of Laws of the State of Georgia, known as the Code of Georgia of 1933; and for other purposes.

424

JOURNAL OF THE SENATE,

HB 411. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to be entitled an act to amend an act establishing the board of commissioners of Bibb County; and for other purposes.

The following local bills of the House were read the bird time and put upon their passage :
HB 28. By Mr. Denton of Paulding:
A bill to amend an act so as to authorize and empower the mayor and council to levy an additional tax of one mill or ten cents on each $100.00 property valuation in Dallas, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 218. By Mr. Evitt of Catoosa:
A bill to incorporate the Town of Fort Oglethorpe in Catoosa and Walker 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 221. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend an act relating to 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 287. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend an act to incorporate Doraville; to appoint commissioners for the same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 10, 1949

425

HB 295. By Messrs. Hollis, Shields, and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus; to extend the corporate limits of said city; relating to lot No. 98 of the Coweta Reserve, 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 296. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus conferring power upon said city to levy and collect annually, beginning with taxes to be levied for the calendar year 1950, an ad valorem tax upon the taxable property subject to taxation in 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 432. By Messrs. Hood and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; incorporating the mayor and aldermen of the City of Savannah affecting the Recorder's Court of the mayor and aldermen; and for other purposes.
The Committee on Municipal Government offered the following amendment:
Amend HB 432 by adding at the end of section 1 a new section to be known as section 1-A and to read as follows:
"Be it further enacted by the authority aforesaid that any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be punished as a misdemeanor as in such cases provided by law."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Grayson of the 1st asked unanimous consent that HB 432 be immediately transmitted to the House and the consent was granted.
HB 305. By Messrs. Johnson and Barton of Hall:
A bill to amend an act entitled "Gainesville Retirement Fund"; 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 358. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating a charter for the Town of Chamblee in DeKalb County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 389. By Messrs. Myers and Pearlman of Sumter:
A bill to amend an act granting corporate authority of the City of Americus to confer additional power upon the City of Americus' mayor and City Council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 409. By Mr. Greer of Lanier: A bill to amend an act changing the time of meeting for the mayor and council of the City of Lakeland; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 412. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and confirm action of mayor and Council of the City of Macon in adopting an ordinance closing and abandoning for street purposes all that portion of a 20 foot alley, commonly known as Wall Street; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 10, 1949

427

HB 416. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to ratify and confirm the sale and conveyance from the City of Columbus, Georgia, as grantor, to Swift Manufacturing Company, as grantee; and for other purposes.
The report 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 417. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill amending the charter of the City of Columbus; granting power to said city to purchase, acquire, rent or lease property of all kinds; and for other purposes.

Senator Land of the 24th offered the following amendment:
Amend HB 417 by adding to section 2 of said bill the following words:
"The purpose of this act is to help eliminate the congestion of vehicular traffic on the streets of said city. No authority is hereby vested in said city to sell gasoline, oil, or other products or merchandise, nor to engage in any other business, in connection with its operation or maintenance of said parking lots."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 418. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus; providing power in said city to decrease .the width and change the alignment of Bay Avenue; and for other purposes.
The report 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 419. By Mrs. Blitch of Clinch:

A bill to amend the charter of the City of Homerville so as to authorize

the City Council of Homerville to levy and collect taxes not exceeding

twenty mills ; and for other purposes.

..



.





. .. -

.

-; ~ I

.

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

was agreed to.

428

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

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

HB 277. By Mr. Moore of Dodge:

A bill providing and appropriating funds for reimbursement and compensation to Archie T. Coffee and his wife, Mrs. Leila W. Coffee; and for other purposes.

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Padgett

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Zellner

On the passage of the bill, the ayes were 48, nays 0.

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

The following bills, carried ove1 as unfinished business from yesterday, were taken up for consideration:
HB 2. By Messrs. Hand and Twitty of Mitchell, Tuten of Bacon and others: A bill to effect a revision of all laws of this state dealing with the subject ()f registration and qualification of voters.
Senator Harrison of the 17th moved that HB 2 be indefinitely postponed. On the motion to indefinitely postpone, the ayes were 15, nays 20. The motion was lost.

THURSDAY, FEBRUARY 10, 1949

429

Senators Pilcher of the 19th, Grayson of the 1st, and Overby of the 53rd offered the following amendment:
Amend the substitute of HB 2 by striking sections 22 and 23 therefrom and inserting in lieu thereof two new sections as follows:
SECTION 22. The examination which registrars shall submit to those persons who claim the right to register and vote on the basis of good character and understanding of the duties of citizenship under a republican form of government shall be based upon a standard list of questions, and the questions on this list and no others shall be submitted to each applicant. In each instance where an applicant in this category is examined, the registrars shall keep a record of the questions submitted and the answers given and file the record thus made with the registration card. In order to ascertain whether an applicant is eligible for qualification as a voter in this classification, the registrars shall orally propound to him the thirty questions on the standardized list set forth in the following section. If the applicant can give factually correct answers to ten of the thirty questions as they are propounded to him, then the registrars shall enter an order declaring him to be prima facie qualified. If he cannot correctly answer the ten out of the thirty questions propounded to him, then an order shall be entered rejecting his application.
SECTION 23. The registrars shall procure an ample supply of cards or sheets of paper on which shall be printed the standard list of questions set forth below. One of such cards or sheets of paper shall be used in the oral examination of each applicant who seeks qualification as a voter in the classification set forth in the preceding section. The cards shall show in one column the correct answers to the questions, and the answers of the applicant shall appear in parallel column, so that each question, the correct answer thereto and the applicant's answer will all appear on the same line. If the answer of the applicant to a given question is correct, this fact may be indicated by a check in the applicant's answer column; if the answer is incorrect, the answer of the applicant should be written in said column. It shall be the duty of the registrars to see to it that the answers in the column showing the correct answers are revised from time to time so that the correct answers will appear in the appropriate column at the time each applicant is examined. The standard list of questions and the present correct answers thereto and the form to be used under this and the preceding section is as follows:

STANDARD LIST OF QUESTIONS (To be propounded to those seeking to register and qualify as voters under article II, section I, paragraph IV, sub-paragraph I
of the Constitution)
Date of Examination__________________________________ Name of Applicant________________________________________________________
Address of Applicant------------------------------

430

JOURNAL OF THE SENATE,

QUESTIONS

ANSWER

ANSWER OF APPLICANT

1. Who is President of the U. S. Harry S. Truman

2. What is the term of office of

the President of the U. S.?

Four years

3. May the President of the U. S.

be legally elected for a second

term?

Yes

4. If the President of the U. S. dies

in office who succeeds him?

Vice President

5. How many groups compose the

Congress of the United States? Two. The Senate and House of Representatives

6. How many U. S. Senators are

there from Georgia?

Two

7. What is the term of office of a

United States Senator?

Six years

8. Who are the U. S. Senators

from Georgia?

Walter F. George and

Richard B. Russell

9. Who is Governor of Georgia? Herman Talmadge

10. Who is Lieutenant Governor of

Georgia?

Marvin Griffin

11. Who is Chief Justice of the

Supreme Court of Georgia?

Henry Duckworth

12. Who is Chief Judge of the Court

of Appeals of Georgia'l

I. H. Sutton

13. Into what two groups is the Gen-

eral Assembly of Georgia

divided?

Senate and House of

Representatives

14. Does each Georgia county have at least one Representative in the Georgia House of Repre-

sentatives?

Yes

15. Do all Georgia counties have the same number of Representatives

in the Georgia House of Repre-

satives?

No

16. In what city are the laws for the

U. S. made?

Washington, D. C.

17. How old do you have to be to

vote in Georgia?

18 years old

18. What city is the Capitol of the

U. S.?

Washington, D. C.

19. How many states are there in

the U.S.?

Forty-eight

20. Who is the Commander in Chief

of the U.S, Army?

The President

of the U. S.

THURSDAY, FEBRUARY 10, 1949

431

(The following questions require a different answer according to the localities in which the applicant lives, the registrars in printing this list will insert under the column headed "Correct Answer" the Correct Answer to each question)

QUESTION

ANSWER

ANSWER OF APPLICANT

21. In what congressional district do you live?
22. Who represents your congressional district in the National House of Representatives?
23. In what state senatorial district do you live?
24. Who is the State Senator that represents your senatorial district?
25. In what county do you live?
26. Who represents your county in the House of Representatives of Georgia? If there are more than one representative, name them.
27. What is the name of the county seat of your county?
28. Who is the ordinary of your county?
29. Who is the judge of the Superior Court of your circuit? If there are more than one, name one additional judge?
30. Who is the solicitor general of your circuit!

TOTAL CORRECT ANSWERS-----------------------------------------

The registrars shall keep a reasonable supply of extra copies of the questions and answer blanks and distribute them to any member of the public who may request copies.

The amendment was adopted.

Senator Pittman of the 42nd offered the following amendment:
1. By striking from section 30 thereof the words "during said year and after the filing of said registration list or during the succeeding year" and inserting in lieu thereof the following: "after the filing of said registration list and before the filing of the next succeeding registration list";
2. By striking from the first sentence of section 31 thereof the following: "whether in said year or in the succeeding year".
The amendment was adopted.

432

JOURNAL OF THE SENATE,

Senator Pittman of the 42nd offered the following amendment:
1. By adding to section 15 thereof, under the heading "Registration Card" and immediately before the words "that my occupation is", the following: "That my mother's maiden name is or was_______________________";
2. By adding to section 44 thereof, at the end of the oath prescribed in said section, the following: "And that my mother's maiden name is or was (here insert mother's maiden name)".
The amendment was adopted.

Senator Pittman of the 42nd offered the following amendment:
Amend substitute for HB 2 by inserting in the first sentence of section 48 thereof, after the word "registrar," the following: "and for each voter suspended by the same for failure to vote during the two preceding calendar years."
The amendment was adopted.

Senator Pittman of the 42nd offered the following amendment:
Amend substitute for HB 2 by adding at the end of section 15 thereof the following: "The tax collector or the tax commissioner may also carry with him, on his visits to the several militia districts of his county for the purpose of collecting taxes, registration cards for the use of applicants for registration; and he may take applications for registration at any time and place convenient for applicants."
The amendment was adopted.

Senators LeCraw of the 52nd and Turner of the 34th offered the following amendment:
Amend the substitute to HB 2 by inserting in the last line of said title, preceding the words "and for other purposes", the following words:
"To provide that in all counties of this state having a city or part of a city of a population of 200,000 or more, according to the present or any future United States census, the county tax collector or the county tax commissioner, as the case may be, together with two deputies of said collector or commissioner, to be named by the collector or commissioner, .shall constitute the county registrars in such counties."
Also amend HB 2 by adding a new section, to be known as section A, to read as follows :
"Section A. Notwithstanding any other provision of this law, in all counties of this state having a city or part of a city of a population of 200,000 or more, according to the present or any future United States census, the county tax collector or the county tax commissioner, as the case may be, together with two deputies of said collector or commissioner, to be named by the collector or commissioner, shall constitute the county registrars in such counties. The order of the tax collector or tax commissioner appointing such deputies shall be filed in the office of the clerk of the superior court and there permanently preserved. In the event said tax collector or tax commissioner, or any deputy named by the

THURSDAY, FEBRUARY 10, 1949

433

collector or commissioner as registrar, should cease to hold office as collector, commissioner, or deputy, prior to the expiration of his term as registrar, his successor in office shall serve the unexpired term. In the event of removal of any such registrar, as provided in section 6 of this act, a successor in office shall be appointed by the judge of the Superior Court from two names recommended by the grand jury for appointment to the unexpired term, and these proceedings shall be entered upon the minutes of the court."
The amendment was adopted.

Senator Eve of the 18th moves to amend the substitute to HB 2 by adding two new sections, to be inserted immediately before the last section of the substitute bill, to be appropriately numbered and to read as follows:
SECTION 00. That whenever the authorities of a municipality located within a county who are charged with the responsibility of holding elections, or the authorities of a board of education who are charged with the responsibility of holding an election, shall request the registrars or board of registrars of the county or the authorities of the county charged with the responsibility for helping and maintaining the list of qualified voters as defined in this aet, it shall then be the duty of the registrars or board of registrars, or authorities charged with the responsibility of maintaining the qualified voters list, to furnish to said municipality or board of education a list of voters, duly certified, who are qualified to vote and who reside within the corporate limits of said municipality or within the limits of the board of education.
SECTION 00. The board of registrars, or the authorities charged with the responsibility of keeping and maintaining said voters lists shall furnish said list to the municipality or board of education within said county at a price mutually agreed upon between said parties. If such parties are unable to agree upon said compensation the amount of same shall be submitted to arbitration pursuant to chapter 7-2 of the Code of Georgia of 1933, and the award of said arbitrators shall be binding upon all parties, and the compensation provided by said arbitrators paid.
The amendment was adopted.

Senators Pilcher of the 19th, Overby of the 33rd and Grayson of the 1st move to amend the substitute to HB 2 by inserting a new section to be numbered 21 in its appropriate place and by renumbering section 2.1 and the subsequent sections appropriately.
The said new section 21 is as follows:
All decisions of the registrars under this act are subject to appeal and all appeals must be in writing and shall be filed with the registrars within ten days from the date of the decision complained of, and shall be returned by the registrars to the office of the clerk of the Superior Court to be tried as other appeals. Pending the appeal and until final judgment in the case, the decision of the registrars shall remain of full force. Any person, who, after an adverse decision on his or her qualifications, shall fail to appeal within ten days as above provided, shall ipso facto lose all right to register and qualify as a voter until the next ensuing quadrennial period.
The amendment was adopted.

434

JOURNAL OF THE SENATE,

The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute was agreed to as amended.
On the passage of the bill, Senator Pilcher of the 19th 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:

Ansley Ayers Blalock Boyett Brooks Clary Cochran Coleman Garrett Grayson

Harris Housley Jones Land, 51st Land, 24th Layton Newton Overby Padgett Pilcher

Rich Rowland Saunders Sims Stark Tarver Turner Ursrey Zellner

Those voting in the negative were Senators:

Daniel Davis Eve Florence Foster Gholston

Harrison Higginbotham LeCraw Lunsford Mason Massey

The roll call was verified.

Peterson Pittman Rackley Swint Williams

On the passage of the bill, the ayes were 29, nays 17.

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

Senator Grayson of the 1st asked unanimous consent that HB 2 be immediately transmitted to the House and the consent was granted.

HB 103. By Messrs. McMillan and Tarbutton of Washington, Kemp of Clayton and others:
A bill to amend an act, relating to the powers and duties of county boards of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

FRIDAY, FEBRUARY 11, 1949

435

Senate Chamber, Atlanta, Georgia. Friday, February 11, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 bills and resolutions, favorably reported by the committees. 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.

The following resolution of the House was read and adopted :
HR 86. By Mr. Terrell of Floyd:
A resolution protesting the corrupt methods and unjust practices exhibited in the trial of Cardinal Mindszenty by the communistic government of Hungary.

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 180. By Mr. Gross of Stephens:
A bill to prevent discrimination against residents of the State of Georgi~ on the subject of taxation of accounts receivable and notes; and for other purposes.
HR 40-208b. By Messrs. Cates of Burke and Gross of Stephens:
A resolution authorizing and directing that a referendum be submitted

436

JOURNAL OF THE SENATE,

to the voters of the state on the question of additional financial support for education, rural highways, public health, public welfare services and for aid to counties and the levy of additional taxes to s111pport same; and for other purposes.

HB 239. By Messrs. Abney of Walker, Hale of Dade, Britton and Bledsoe of Whitfield, Campbell of Walker and Cook of Chattooga:
A bill to create a new judicial circuit for the State of Georgia, to be called the Lookout Mountain Judicial Circuit, and to be composed of th2 counties of Catoosa, Dade, Chattooga and Walker; and for other purposes.
HB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to legal~e the operation of motion picture theatres in any county in Georgia on Sunday; and for oUter purposes.
HB 456. By Messrs. Coleman, Cohen and Bell of Richmond:
A bill to amend an act entitled "An act to regulate public instruction in the County of Richmond," approved August 23, 1872, so as to provide for the management and control of such public school system as a single district; and for other purposes.
HB 470. By Mr. McCracken of Jefferson:
A bill to amend an act entitled, "An act to repeal section 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of state, county, city, municipal or school taxes, or special assessments; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 86. By Mr. Terrell of Floyd:
A resolution protesting the corrupt methods and unjust practices exhibited in the trial of Cardinal Mindszenty by the communistic government of Hungary.
HR 92. By Messrs. Twitty of Mitchell, Smith of Emanuel and Nightingale of Glynn:
A resolution providing for continuing the work of the tax revision committee.
The House recedes from its position to amendment No. 1 to the following bill of the Senate, to wit:
SB 21. By Senator Land of the 51st:
A bill to provide for the creation of the office of solicitor general emeritus; ; to prescribe eligibility for incumbents; and for other purposes.

The House has adopted the report of the Committee of Conference to the following bill of the House, to wit:

FRIDAY, FEBRUARY 11, 1949

437

liB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon and others:
A bill to amend an act creating the Department of Public Safety, creating offices and providing for the pay and appointment of incumbents thereof to govern said department; and for other purposes.

The House has agreed to Senate amendment to the following bills of the House, to wit:
HB 432. By Messrs. Hood and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah affecting the recorder's court; and for other purposes.

HB 88. By Mr. Nightingale of Glynn:
A bill to repeal an act entitled "An act to authorize municipalities to, by ordinance annex territory to be included within its limits upon the unanimous application in writing of the owners of the land affected; and for other purposes.

HB 77. By Messrs. Covington and Terrell of Floyd, Ray of Warren and others:
A bill to amend section 106-102 of the 1933 Code of Georgia, by striking and repealing the same in its entirety, and substituting in lieu thereof a new section relating to trade-marks; and for other purposes.

HB 245. By Messrs. Davis of Bartow, Twitty of Mitchell, Gross of Stephens, and others:
A bill to provide for an increase in the pay of court reporters from $15 to $20 per day; and for other purposes.

HB 78. By Messrs. Covington and Terrell of Floyd: A bill to amend an act entitled "Notaries Public-Method of Appointment Changed-Powers, Duties, Fees"; and for other purposes.
HB 142. By Messrs. Alexander and Duncan of Carroll: A bill to amend an act increasing the fees of the justices of peace; and for other purposes.
HB 1flo. By Messrs. Kidd and Jennings of Baldwin:
A bill providing for the permanent tenure of certain employees of the Milledgeville State Hospital; and for other purposes.
The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committee: SB 121. By Senator Harrison of the 17th:
A bill to amend the charter of the City of Millen, to provide for the extension of the corporate limits; and for other purposes. Referred to Committee on Municipal Government.

438

JOURNAL OF THE SENATE,

The following bills and resolutions of the House were read the first time and referred to committees:
HB 180. By Mr. Gross of Stephens:
A bill to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes; and for other purposes.
Referred to Committee on Finance.

HB 239. By Messrs. Abney of Walker, Hale of Dade, Britton and Bledsoe of Whitfield, Campbell of Walker, and Cook of Chattooga:
A bill to create a new judicial circuit for the State of Georgia, to be called the Lookout Mountain judicial circuit, and to be composed of the counties of Catoosa, Dade, Chattooga, and Walker; and for other purposes.
Referred to Committee on Special Judiciary.

HB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to legalize the operation of motion picture theatres in any county in Georgia on Sunday; and for other purposes. Referred to Committee on Hall and Rooms.

HB 456. By Messrs. Coleman, Cohen and Bell of Richmond:
A bill to amend an act entitled "An act to regulate public instruction in the County of Richmond," approved August 23, 1872, so as to provide for the management and control of such public school system as a single district; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 470. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "An act to repeal section 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of state, county, city, municipal or school taxes or special assessments; and for other purposes.
Referred to Committee on General Judiciary.

HR 40-208b. By Messrs. Cates of Burke and Gross of Stephens:
A resolution authorizing and directing that a referendum be submitted to the voters of the state on the question of additional financial support for education, rural highways, public health, public welfare services, and for aid to counties and levy of additional taxes to support same; and for other purposes.
Referred to Committee on State of Republic.

HR 92. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution providing for continuing work of tax revision committee. Referred to Committee on General Judiciary.

FRIDAY, FEBRUARY 11, 1949

439

Mr. Ayers of the 18th 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 292. Do Pass.

HB 207. Do Pass.

HB 352. Do Pass.

HB 353. Do Pass.

HB 369. Do Pass.

HB 437. Do Pass. HB 293. Do Pass. HB 441. Do Pass. HB 457. Do Pass. HB 380. Do Pass. HB 319. Do Pass. HB 405. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr Smith of the 37th 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 House and has instructed me, as chairman, 'to report the same back to the Senate with the following recommendations:

HB 199. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

440

JOURNAL OF THE SENATE,

Mr. Swint of the 26th 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 113.

Do Pass as amended.

Respectfully submitted, Swint ol 26th District, Chairman

Mr. Higginbotham of the 31st 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 424. Do Pass.

HB 400. Do Pass.

HB 422. Do Pass.

HB 365. Do Pass.

HB 423. Do Pass.

HB 387. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish has bad 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 148. Do Pass.

HB 194. Do Pass.

SB 96. Do Pass.

SB 111. Do Pass.

Respectfully submitted,

Stark of 35th District, Chairman

FRIDAY, FEBRUARY 11, 1949

441

Mr Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 343. Do Pass as amended.
HB 219. Do Pass.
Respectfully submitted,
Smith of 37th District,
Chairman

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations 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 56-341b. Do Pass.
Respectfully submitted,
Purdom 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 96. By Senators Rich of the 8th, Coleman of the 16th, Rowland of the 21st, Tarver of the 48th, and Ayers of the 13th:
A bill to make it illegal to use hoop nets, gill nets, trammel nets, seines, traps, and baskets in all creeks, rivers and waters of this state, except by special permit from the State Game and Fish Commission; excepting private ponds; and for other purposes.

SB 111. By Senators Land of the 51st and Smith of the 37th:
A bill to amend section 6 of the acts of 1943, Georgia Code of 1933, relating to the compensation and expense of meetings of the commissions of the Game and Fish Department; and for other purposes.

HB 113. By Mr. Twitty of Mitchell:
A bill to amend an act regarding participation by policyholders in net profits; and for other purposes.

442

JOURNAL OF THE SENATE,

HB 148. By Messrs. Kemp of Clayton, Duncan of Carroll and others:
A bill to provide that all persons 65 years of age or over who are residents of Georgia are entitled to receive honorary hunting and fishing licenses for life; and for other purposes.

HB 194. By Mr. Dunn of Seminole:
A bill to authorize the citizens of Seminole County to fish in Spring Creek from the Miller County line on the north to the point where said creek empties into Flint River on the south without being required to obtain a license therefor; and for other purposes.

HB 199. By Mr. Mathews of Peach:
A bill to amend an act relating to fines and the fine and forfeiture fund and to the distribution and disbursement thereof, and to the priorities of claims against said fund; and for other purposes.

HB 207. By Messrs. Vickers and Ellis of Coffee:
A bill to amend an act establishing the City Court of Douglas; and for other purposes.

HB 219. By Messrs. Kidd and Jennings of Baldwin, Covington of Floyd and others:
A bill to prevent unfair competition and unfair trade practices in the sale of cigarettes in Georgia; and for other purposes.

HB 292. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved 1937 entitled an act to create the office of Commissioners of Roads and Revenues in the County of Coffee; and for other purposes.

HB 293. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill providing for the merger of the existing independent school systems of the City of Columbus; and for other purposes.

HB 319. By Messrs. Myers and Pearlman of Sumter:
A bill to provide that Sumter County shall provide for a permanent pension fund for present and future employees; and for other purposes.

HB 343. By Messrs. Kellam and Malone of Laurens, Rowland of Johnson, and others:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.
HB 352. By Messrs. Durden and Davis of Dougherty:
A bill to amend an act captioned Dougherty County Board of Commissioners; and for other purposes.

FRIDAY, FEBRUARY 11, 1949

443

HB 353. By Messrs. Durden and Davis of Dougherty: A bill establishing the City Court of Albany; and for other purposes.

HB 365. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to be entitled an act to amend an act creating a new charter for the City of Rome and providing for the employment of a city manager; and for other purposes.

HB 369. By Mr. Tillman of Appling:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Appling County; and for other purposes.

HB 380. By Messrs. Malone and Kellam of Laurens:
A bill to amend the charter of the City of Dublin so as to create a board of tax assessors, prescribe its duties, qualifications, compensation and terms; and for other purposes.

HB 387. By Mr. Dorsey of White:
A bill to amend, supersede an act incorporating the Town of Cleveland in the County of White, and all amendments in respect thereto; to create a new charter for said corporation; and for other purposes.

HB 400. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park), to provide for the incorporating of the City of College Park so as to provide for the extension of the City of College Park; and for other purposes.

HB 405. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to increase the personnel of the Fulton County Planning Commission and Board of Zoning Appeals; and for other purposes.
HB 422. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to create a system of retirement for employees of the City of Decatur; and for other purposes.
HB 423. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now the City of Decatur; and for other purposes.
HB 424. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating and establishing a charter and municipal government for the Town of Decatur; to authorize a tax levy of one dollar and twenty-five cents on the hundred dollars for the maintenance of the public schools of said city; and for other purposes.

444

JOURNAL OF THE SENATE,

HB 437. By Messrs. Langdale and Mathis of Lowndes:
A bill delegating that the Board of Commissioners of Roads and Revenues in and for the County of Lowndes the right and authority to create a system of retirement payments for certain employees of said county; and for other purposes.

HB 467. By Mr. Evitt of Catoosa:
A bill to amend an act to create the office of Commissioner of Roads and Revenue for the County of Catoosa; pertaining to the compensation of the commissioner; and for other purposes.

HB 441. By Mr. Kemp of Clayton:
A bill to change from the fee system to the salary system in the County of Clayton, the clerk of the superior court, and the sheriff; and for other purposes.

HR 56. By Messrs. Smith and Edenfield of Emanuel:
A resolution to provide compensation to Mrs. Garland Fields for the loss of her husband while in the line of duty as an employee of the Georgia Bureau of Investigation.

The following local bills of the House were read the third time and put upon their passage:
HB 195. By Mr. Nightengale of Glynn:
A bill to amend the corporation charter act of 1938, relating to corporate returns; providing fees for recording; and for other purposes.
The report 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 213. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Augusta Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, WM 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 228. By Messrs. Johnson and Barton of Hall:
A bill to amend an act creatixg the Gainesville public school system; providing for the levy of a tax in support and maintenance of said schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 11, 1949

445

On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 291. By Messrs. McWhorter, Hubert and Howard of DeKalb, and others:
A bill to provide that the salary of the judge of the Superior Court of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 346. By Mr. Twitty of Mitchell:
A bill to provide for the approval and adoption of, and to adopt and make of force, a supplement to code of laws of the State of Georgia; to provide a code commission; to revise the Code of 1933; and for other purposes.
The report 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 374. By Mr. Smith of Emanuel:
A bill to provide that no person shall be eligible for employment as an agent for the Bureau of Investigation of the Department of Public Safety until such agent shall have served a minimum of one year in the uniform division of the Department of Public Safety or for three years as a law enforcement officer in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 377. By Mr. Denton of Paulding:
A bill to abolish the offices of tax receiver and tax collector of Paulding County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill. having received the requisite constitutional majority, was passed.

446

JOURNAL OF THE SENATE,

HB 384. By Mr. Mangum of Columbia:
A bill to fix the sum of money to be paid to the solicitor general of the Augusta Judicial Circuit by Columbia 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 wete 30, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 386. By Messrs. Cates and Bargeron of Burke:
A bill to establish the City Court of Waynesboro; to provide for the appointment of a judge, solicitor and other officers; to change the salary to be paid to the judge and solicitor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 391. By Mr. Dorsey of White:
A bill to amend an act entitled "White Tax Commissioner", the same relating to the office of tax commissioner of White County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 393. By Mr. Swindle of Berrien:
A bill to amend an act providing for the holding of four terms each year of Berrien Superior Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB. 399. By Messrl!l. Nightingale and Gowen of Glynn: A bill creating the City Court of Brunswick; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 11, 1949

447

HB 344. By Mr. Bennett of Barrow:
A bill to create a Board of Commissioners for Roads and Revenues for the County of Barrow; and for other purposes.

Senator Davis of the 27th offered the following amendment:
Amend HB 344 by adding a new section to said bill, to be appropriately numbered, as follows :
Be it further enacted that a special election shall be called by the Ordinary of Barrow County, Georgia, at some time to be selected by him between the date of the passage of this Act and January 1, 1950, under the same rules and regulations as now provided by law. The voters' list used in such election shall be. the registered voters' list used in the last general election preceding the holding of said special election. At such special election, there shall be submitted to the registered and qualified voters of Barrow County qualified to vote at the said last general election, the ratification or rejection of this Act. The ballots shall have written or printed thereon the words, "For the Act amending the Act creating a board of commissioners for roads and revenues for the County of Barrow", and the words, "Against the Act amending the Act creating a board of commissioners for roads and revenue for the County of Barrow". Those desiring to vote in favor of the ratification of this Act shall strike out the words "Against the Act amending the Act creating a board of commissioners for roads and revenue for the County of Barrow", and those desiring to vote against the ratification of this Act shall strike out the words "For the Act amending the Act creating a board of commissioners for roads and revenue for the County of Barrow." The returns of said election shall be certified to the Ordinary of Barrow County three days after said election, and the Ordinary shall canvass said returns and immediately after doing so declare the results of said election. If a majority of those voting at said election vote for creating a board of commissioners for roads and revenue for Barrow County, immediately upon the Ordinary so declaring such returns this Act shall thereupon be ratified by the voters of Barrow County and shall immediately become effective according to the provisions therein stated. If the voters of Barrow County shall vote against creating a board of commissioners for roads and revenue for Barrow County, this Act shall thereupon become null, void, and ineffectual. The Ordinary in calling said special election may set a date the same as for any other election held in said county for other purposes.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 411. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill establishing the Board of Commissioners of Bibb County; and for other purposes.

448

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SD 100. By Senator Purdom of the 46th:
A bill to authorize eligible officials and employees of the State Department of Audits to become members of the employees retirement system of Georgia; and for other purposes.
The report of the committee, which wa"s favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wel'e 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Purdom of the 46th asked unanimous consent that SB 100 be immediately transmitted to the House, and the consent was granted.
HR 48. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states; and for other purposes.

Senator Harrison of the 17th offered the following amendment:
Amend HR 48 as follows: By adding a new sentence at the end of paragraph four as follows: "That the Committee shall not consume more than ten (10) days in the total time _in making their investigation.
On the adoption of the amendment, the ayes were 34, nays 0, 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 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The President appointed as a committee on the part of the Senate: Senators Padgett of the 6th and Wright of the 5th.

HR 28. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Hopkins of Charlton, and others:
A resolution to resolve that a Forest Fire Emergency Committee is hereby created, defining the needs, purposes, duties, naming the memberships and their responsibilities; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, FEBRUARY 11, 1949

449

On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 171. By Messrs. Langdale of Lowndes, Gillis of Treutlen, Adams of Brantley, and others.
A bill to provide statewide forest fire protection; for the protection and reforestation of forest land; and for other purposes.
The report 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 244. By Messrs. Gillis of Treutlen, Adams of Wheeler, Langdale of Lowndes, and others:
A bill to abolish the Department of Forestry, the State Division of Conservation, the office of ex-officio commissioner of conservation; to create a State Forestry Commission; and for other purposes.

Senator Florence of the 39th offered the following amendment:
Amend to withdraw from section 6 in HB 244 the last sentence which reads: "The maximum salary of the chairman shall not exceed $7,500 per annum"-and add to in section 8 in the second sentence "salary not to exceed $7,500 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Garrett of the 53rd asked unanimous consent that HB 244 be immediately transmitted to the House, and the consent was granted.
HB 346. By Mr. Twitty of Mitchell:
A bill to provide for the approval and adoption of, and to adopt and make of force, a supplement to Code of Laws of the State of Georgia; to provide a code commission; to revise the Code of 1933; and for other purposes.
The report 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.

450

JOURNAL OF THE SENATE,

HB 195. By Mr. Nightingale of Glynn:
A bill to amend the corporation charter act of 1938, relating to corporate returns; providing fees for recording; and for other purposes.
The report 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 374. By Mr. Smith of Emanuel:
A bill to provide that no person shall be eligible for employment as an agent for the Bureau of Investigation of the Department of Public Safety until such agent shall have served a minimum of one year in the uniform division of the Department of Public Safety or for three years as a law enforcement officer in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn today it stand adjourned until 10 o'clock Monday morning, and the consent was granted.
Senator Davis of the 27th asked leave of absence for Monday, and the request was granted.
Senator Harrison of the 17th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 10 o'clock.

MONDAY, FEBRUARY 14, 1949

451

Senate Chamber, Atlanta, Georgia. Monday, February 14, 1949.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Rev. Charles Bishop, pastor of the Calvary Baptist Church, Bainbridge, Ga.
By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate bills and resolutions. 3. First reading and reference of House bills and resolutions. 4. Reports of standing committees. 5. Second reading of Senate bills and resolutions favorably reported. 6. Second reading of House bills and resolutions favorably reported. 7. Third reading and passage of uncontested local House and Senate bills. 8. Third reading and passage of Senate bills and resolutions. 9. Third reading and passage of House bills and resolutions.

The President of the Senate shall have the right to call up bills in any order that he sees fit to do.
The consent was granted.

The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committees:
~B 122. By Senator Pilcher of the 19th:
A bill to amend the charter of the City of Warrenton so as to provide for the extension of the city limits; and for other purposes.
Referred to Committee on Municipal Government.

SB 123. By Senator Purdom of the 46th:
A bill to amend the act providing for the printing and distribution of names and addresses of public accountants; to specify classification of accountants; to provide for introduction of expert evidence by accountants ; and for other purposes.
Referred to Committee on General Judiciary.

452

JOURNAL OF THE SENATE,

SB 124. By Senator Ayers of the 13th:
A bill to amend the act establishing the City Court of Ellaville by providing that the judge shall be a resident of the State of Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 125. By Senators Overby of the 33rd, Rich of the 8th and Tarver of the 48th:
A bill to regulate trade practices in the business of insurance; to provide the determination of unfair methods of competition or unfair or deceptive acts by the insurance commissioner; to provide a fine for violating the orders of the insurance commissioner; and for other purposes.
Referred to Committee on Insurance.

SB 126. By Senator Clary of the 29th:
A bill to amend an act approved March 30, 1937 (Ga. Laws 1937, pages 690, 696) by repealing section 4 and substituting a new section to provide a person may make applications for group hospital service without regards to his or her place of residence; and for other purposes.
Referred to Committee on Insurance.

SB 127. By Senator Clary of the 29th:
A bill to extend the provisions of the merit system act so as to include officials and employees of the State Department of Banking; and for other purposes.
Referred to Committee on Banks and Banking.
SB 128. By Senator Eve of the 18th:
A bill to provide that the recorder of the City of Augusta shall have jurisdiction to try all persons charged with violation of health regulations promulgated by the Richmond County Board of Health; and for other purposes.
Referred to Committee on Municipal Government.

SB 129. By Senator Eve of the 18th:
A bill to amend the charter of the City of Augusta to provide an annual municipal budget along with a tentative appropriation bill; and for other purposes.
Referred to Committee on Municipal Government.
SB 130. By Senator Eve of the 18th:
A bill to provide a pension system for retirement of certain future employees of the City .of Augusta; to establish a general retirement fund; to provide the amount of retirement allowance and the method of payment; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

453

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 300. By Mr. Bennett of Barrow:
A bill to create a City Court in and for the County of Barrow, to provide for a judge, solicitor, and other officers thereof; and for other purposes.

HB 395. By Mr. Smith of Haralson:
A bill to provide that in counties having a certain population the clerk of the superior court of such county shall attend the trial in the court of ordinary; and for other purposes.

HB 430. By Messrs. Alverson, Smith and Walton of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.

HB 431. By Messrs. Walton, Smith and Alverson of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.

HB 434. By Messrs. Barrett of Pike, Bolton and Harper of Spalding, Freeman and Salter of Upson and Huddleston of Fayette:
A bill to amend an act entitled "An act to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; and for other purposes.

HB 440. By Messrs. Smith, Alverson and Walton of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.

HB 444. By Messrs. Johnston and Sumner of Worth:
A bill to increase the compensation of the officers of the City Court of Sylvester, Worth County; and for other purposes.

HB 451. By Mr. Sills of Candler:
A bill to amend an act abolishing the fee system and placing the solicitor of the Middle Judicial Circuit on a salary basis and raising the salary of the solicitor general; and for other purposes.

HB 454. By Messrs. Mathis and Langdale of Lowndes: A bill to amend the act of the General Assembly of Georgia, approved

454

JOURNAL OF THE SENATE,

November 21, 1901, incorporating the City of Valdosta; to change the corporate limits; and for other purposes.

HB 461. By Mr. Gross of Stephens: A bill to amend an act to incorporate the City of Toccoa, in Stephens County; and for other purposes.
HB 464. By Messrs. Bell, Coleman and Cohen of Richmond: A bill to amend an act approved January 10, 1938, concerning zoning and planning laws; and for other purposes.
HB 465. By Messrs. Bell, Coleman and Cohen of Richmond: A bill to amend an act to increase the salaries of the judge, sheriff, deputy sheriffs and others; and for other purposes.

HB 467. By Mr. Gross of Stephens:
A bill to amend an act creating and establishing the City Court of Stephens County; and for other purposes.

HB 468. By Mr. Gross of Stephens: A bill to amend the act creating the office of tax commissioner of Stephens County; and for other purposes.
HB 472. 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.
HB 473. By Mr. Witherington of Wilcox: A bill to abolish the offices of tax collector and tax receiver of Wilcox County and create thereof the office of tax commissioner; and for other purposes.
HB 480. By Mr. Tribble of Monroe: A bill to change the salary of the tax commissioner of Monroe County; and for other purposes.

HB 481. By Messrs. Mathis and Langdale of Lowndes: A bill to amend the charter of Valdosta; and for other purposes.

HB 483. By Mr. Griggs of Habersham:
A bill to amend an act entitled an act to incorporate the Town of Cornelia, in the County of Habersham; and for other purposes.

HB 487. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other purposes.

MONDAY, FEBRUARY 14, 1949

455

HB 489. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend section 21-105 of the Code of Georgia of 1933 so as to fix the salary and compensation of coroners in counties having a population of 300,000 or more; and for other purposes.

HB 490. By Messrs. Alverson, Smith and Walton of Fulton:
A bill authorizing tax collectors in counties of 300,000 or more to collect any assessment, fee or charge authorized to be made by the county authority of such county; and for other purposes.

HB 491. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to fix the salaries of special bailiffs .and of secretaries appointed by the judges in lieu of special bailiffs irl the superior courts in counties having a population of 300,000 or more; and for other purposes.

HB 492. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the act granting charter to the Town of Palmetto; and for other purposes.

HB 495. By Messrs. Iverson, Smith and Walton of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park) to establish and change wards and councilmanic representatives; and for other purposes.

HB 496. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend the charter of the City of Decatur; and for other purposes.

HB 497. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the City of Decatur; and for other purposes.

HB 498. By Messrs. Howard and McWhorter of DeKalb:
A bill authorizing DeKalb County and the governing authorities thereof to establish and administer a sewerage system and to levy assessments therefor; and for other purposes.
HB 499. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide a method of electing members of the DeKalb County Board of Education and the superintendent of schools of said county; and for other purposes.

HB 500. By Messrs. Howard, Hubert and MeWhorter of DeKalb, Kemp of Clayton, Leach of Rockdale, and Stanton of Newton :

A bill to increase the salary of the solicitor general of the Stone Moun-

tain Circuit; and for other purposes.



456

JOURNAL OF THE SENATE,

HB 502. By Messrs. Bolton and Harper of Spalding:
A bill to amend the charter of the City of Griffin, which prohibits a candidate for commissioner to solicit votes; and for other purposes.

HB 503. By Mr. Smith of Haralson:
A bill to amend an act to create board of commissioners of roads and revenues for Haralson County; and for other purposes.

HB 504. By Mr. Walker of Telfair:
A bill to amend an act of the General Assembly of Georgia, creating the office of commissioners of roads and revenues for the County of Telfair; and for other purposes.

HB 511. By Messrs. Reed and Willingham of Cobb:
A bill to increase the salary of the treasurer of Cobb County; and for other purposes.

HB 514. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the act establishing a parks and recreation commission in Fulton County by abolishing the term of office of members of said commission effective March 1, 1949; and for other purposes.

HB 515. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

HB 516. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
HB 517. By Messrs. Alverson, Walton and Smith of Fulton: A bill amending the charter of East Point, and providing for certain annexations thereof; and for other purposes.
HB 518. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide that judges of the superior courts in counties having a population of 300,000 may refer pending divorce cases to the juvenile courts in such counties for investigation and report; and for other purposes.
HB 519. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to provide that in all counties of the State of Georgia having a population of between 40,000 and 50,000 so as to change from the fee system to the salary system in such counties; and for other purposes.

MONDAY, FEBRUARY 14, 1949

457

HB 520. By Messrs. White and Griswell of Gwinnett:
A bill to amend an act to prescribe the compensation of jurors of the City of Buford; and for other purposes.

HB 525. By Messrs. Mathis and Langdale of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; and for other purposes.

HB 528. By Messrs. Kidd and Jennings of Baldwin:
A bill to increase the fee of the coroner of Baldwin County; to increase the fee of the coroner's jury; to increase the fee for the court stenographer at coroner's inquests; and for other purposes.

HB 529. By Messrs. Davis of Bartow, Pannell of Murray, Evitt of Catoosa, and others: A bill to supplement the salary of the judge of the superior courts of the Cherokee Judicial Circuits $2,000.00 per annum; and for other purposes.
HB 531. By Mr. Pittman of Tift:
A bill to amend an act providing for a new charter for the Town of Omega; and for other purposes.
HB 532. By Messrs. Walton, Smith and Alverson of Fulton: A bill to provide for the appointment of the assistant solicitor general and deputy solicitor generals of the Criminal Court of Fulton County; and fixing their salaries ; and for other purposes.

HB 533. By Messrs. Abney and Campbell of Walker:
A bill to amend the act approved August 17, 1914, for the purpose of prescribing election hours in and for the corporate limits of the City of LaFayette; and for other purposes.
HB 637. By Mr. Griggs of Habersham:
A bill to amend an act entitled an act to amend an act entitled an act to incorporate the Town of Cornelia, in the County of Habersham, and to grant election powers and privileges to the same; and for other purposes.
HB 538. By Mr. Hill of Meriwether:
A bill to provide for the compensation of the chairman and the members of the board of commissioners of Meriwether County; and for other purposes.

HB 539. By Mr. Hill of Meriwether:
A bill to amend an act fixing the compensation of the treasurer of Meriweether County by giving him an increase in salary as the treasurer of Meriwether County; and for other purposes.

458

JOURNAL OF THE SENATE,

HB 540. By Messrs. Holloway of Schley, Coogle of Macon, Stocks of Lee, and Pearlman of Sumter:
A bill to amend an act entitled "An act to provide a salary for the official court reporter of the Southwestern judicial circuit"; and for other purposes.

HB 541. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; and for other purposes.

HB 542. By Mr. Swindle of Berrien:
A bill to amend an act entitled "An act to incorporate the City of Rays Mill, now Ray City, in the County of Berrien; and for other purposes.

HB 544. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville, to extend the present limits of said city; and for other purposes.

HB 546. By Mr. Drinkard of Lincoln:
A bill to create a board of commissioners of roads and revenues for the County of Lincoln ; and for other purposes.

HB 547. By Mr. Drinkard of Lincoln: A bill to provide a supplement to the fees of the Ordinary of Lincoln County; and for other purposes.
HB 548. By Mr. Mangum of Columbia: A bill to amend an act to create a board of commissioners of roads and revenues for the County of Columbia; to define their powers and duties; and for other purposes.
HB 550. By Messrs. Willingham and Reed of Cobb: A bill creating a new charter for the mayor and council of the Town of Smyrna; and for other purposes.
HB 551. By Mr. Mangum of Columbia: A bill to increase the salaries of certain elected officials in certain counties in Georgia; and for other purposes.
HB 552. By Mr. Witherington of Wilcox: A bill to amend an act approved March 24, 1939, which act created a board of commissioners of roads and revenues for Wilcox County by increasing the pay of chairman and members of said hoard; and for other purposes.

MONDAY, FEBRUARY 14, 1949

459

HB 559. By Mr. Beddingfield of Dooly:
A bill to abolish the office of tax collector and tax receiver in the County of Dooly; and for other purposes.

HB 560. By Mr. Beddingfield of Dooly:
A bill to abolish the office of county treasurer of Dooly County; and for other purposes.

HB 561. By Messrs. Lewis of Hancock, Jennings of Baldwin, Boone of Wilkinson, and others: A bill to authorize the judge of the Ocmulgee Circuit to employ certain clerical help, and to provide for the compensation of said help; and for other purposes.
HB 570. By Messrs. Alexander and Duncan of Carroll: A bill .to repeal an act providing for the time and manner of returning personal property in the City of Carrollton for taxation; and for other purposes.
HB 575. By Messrs. WaltQn and Smith of Fulton: A bill to provide for the annexation of certain lands to the City of East Point; and for other purposes.
HB 586. By Mr. Smith of Haralson: A bill to amend an act approved December 30, 1898, so as to repeal the
charter of the Town of Bremen; and for other purposes.
HB 587. By Mr. Smith of Haralson: A bill to amend the charter of the City of Bremen, relevant to taxationai purposes ; and for other purposes.
HB 588. By Messrs. Baker and Matthews of Clarke: A bill to change the civil service commissioner of Athens; and for other purposes.
HB 590. By Mr. Byrd of Taylor: A bill to provide for increasing the salary of the tax commissioner of Taylor County; and for other purposes.
HB 594. By Mr. Miller of Miller: A bill to amend certain portions of the charter of the City of Colquitt relevant to certain stock laws; and for other purposes.
HB 596. By Mr. McLaughlin of Wayne: A bill to amend an act entitled "An act to incorporate and create a new charter for the City of Jesup"; and for other purposes;

460

JOURNAL OF THE SENATE,

HB 595. By Mr. Miller of Miller:
A bill to amend an act incorporating the City of Colquitt, to create a new charter and municipal government for said corporation; and for other purposes.

HB 597. By Mr. McLaughlin of Wayne:
A bill to amend the act creating a new charter for the City of Jesup, approved December 16, 1937; and for other purposes.

HB 598. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act creating the Cobb County Planning Commission by providing a different method of appointment for the members; and for other purposes.

HB 601. By Messrs. Cohen and Coleman of Richmond:
A bill to alter and amend the laws relating to City Court of Richmond County; and for other purposes.

HB 605. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide for the hours of holding primary, general, and special election in those counties in Georgia having a city located therein of a population of 200,000 or more; and for other purposes.

HB 606. By Messrs. Hubert, Howard and McWhorter of DeKalb:

..

.

A bill to provide for the use of voting machines, in certain counties with

certain populations; and for other purposes.

HB 607. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to increase the salaries of various elected officers and employees in certain counties in Georgia having a population between 81,000 and 83,000; and for other purposes.
HB 609~ By Messrs: Hollis, Shields and Pickard of Muscogee:
A bill to provide a system of fire protection in Muscogee County; to authorize the establishment and operation of a volunteer fire department in said county; and for other purposes.
HB 610. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to provide for an increase in the salaries of all stenographic court reporters in those counties of Georgia having a city located therein with not .less than nor more than 50,000 population; and for other purposes.
HB 611. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill permitting counties in Georgia with between 60,000 and 80,000 inhabitants. to make certain provisions for county planning; and for other purposes.

MONDAY, FEBRUARY 14, 1949

461

HB 612. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, relating to voters and registration of voters qualified to vote in elections for elective officers of said city; and for other purposes.

HB 613. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to provide for an increase in the salary of the judge of the Municipal Court of Columbus; and for other purposes.

HB 614. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to provide for increasing the salary of the clerk of the Municipal Court of the City of Columbus; and for other purposes.

HB 615. By Messrs. Hollis, Pickard, and Shields of Muscogee:
A bill to amend an act to provide for increasing the salary and automobile maintenance allowance of the marshal of the Municipal Court of the City of Columbus; and for other purposes.

HB 617. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the City Court of Columbus and provide for payment of same; and for other purposes.

HB 618. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to amend an act to abolish the justice courts, and office of the justice of the peace, and office of notary public and ex-officio, justice of the peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus; and for -other purposes.
HB 619. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to authorize the County of Muscogee to supplement the salary of judge of superior courts of Chattahoochee Circuit; and for other purposes.
HB 620. By Mr. Pannell of Murray: A bill to amend an act to extend the terms of mayor and council of the City of Chatsworth from one to two years; and for other purposes.
HB 621. By Mr. Pannell of Murray:
A bill to amend an act to provide for increasing the salary of the tax commissioner of Murray County; and for other purposes.
HB 622. By Mr. Pannell of Murray: A bill to increase the salary of the commissioners of roads and revenues of Murray County; and for other purposes.

462

JOURNAL OF THE SENATE,

HB 623. By Mr. Pannell of Murray:
A bill to amend the charter of Chatsworth and to provide a water works commission thereof; and for other purposes.

SB 29. By Senator Rich of the 8th:
A bill to amend an act creating the board of commissioners of roads and revenues for the County of Decatur; and for other purposes.

SB 30. By Senator Rich of the 8th:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Decatur County; and for other purposes.

SB 73. By Senator Grayson of the 1st:
A bill to amend an act creating and orgamzmg the commisSioners of Chatham County who shall be ex-officio judges thereof; and for other purposes.

SB 74. By Senator Coleman of the 16th:
A bill to amend an act entitled "An act to create the office of treasurer in and for Laurens County; and for other purposes.

SB 75. By Senator Coleman of the 16th:
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues for the County of Laurens and all laws and acts amendatory thereof; and for other purposes.

SB 88. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah changing the name of Armstrong Junior College; and- for other purposes.

SB 89. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, creating a Savannah River bridge commission; and for other purposes.
The following bills and/or resolutions of the House were read the first time and referred to the committees :
HB 300. By Mr. Bennett of Barrow:
A bill to create a City Court in and for the County of Barrow, to provide for a judge, solicitor, and other officers thereof; and for other purposes. Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 14, 1949

463

HB 395. By Mr. Smith of Haralson:
A bill to provide that in counties having a certain population the clerk of the superior court of such county shall attend the trial in the court of ordinary; and for other purposes.
Referred to Committee on General Judiciary.

HB 430. By Messrs. Alverson, Smith and Walton of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes. Referred to Committee on Municipal Government.
HB 431. By Messrs. Walton, Smith and Alverson of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes. Referred to Committee on Municipal Government.
HB 434. By Messrs. Barrett of Pike, Bolton and Harper of Spalding, and others: A bill to amend an act entitled "An act to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; and for other purposes.
Referred to Committee on General Judiciary.
HB 440. By Messrs. Smith, Alverson and Walton of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes. Referred to Committee on Municipal Government.
liB 444. By Messrs. Johnston and Sumner of Worth: A bill to increase the compensation of the officers of the City Court of Sylvester, Worth County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 451. By Mr. Sills of Candler:
A bill to amend an act abolishing the fee system and placing the solicitor of the Middle Judicial Circuit on a salary basis and raising the salary of the solicitor general ; and for other purposes.
Referred to Committee on Counties and County Matters.

464

JOURNAL OF THE SENATE,

HB 454. By Messrs. Mathis and Langdale of Lowndes:
A bill to amend the act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

HB 468. By Mr. Gross of Stephens:
A bill to amend the act creating the office of tax commissioner of Stephens County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 472. 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.
Referred to Committee on Counties and County Matters.

HB 473. By Mr. Witherington of Wilcox:
A bill to abolish the offices of tax collector and tax receiver of Wilcox County and create thereof the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 480. By Mr. Tribble of Monroe:
A bill to change the salary of the tax commissioner of Monroe County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 481. By Messrs. Mathis and Langdale of Lowndes: A bill to amend the charter of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.
HB 483. By Mr. Griggs of Habersham: A bill to amend an act entitled an act to incorporate the Town of Cornelia, in the County of Habersham; and for other purposes.
Referred to Committee on Municipal Government.
HB 487. By Messrs. Smith, Walton and Alverson of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

465

HB 489. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend section 21-105 of the Code of Georgia of 1933 so as to fix the salary and compensation of coroners in counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 490. By Messrs. Smith, Alverson and Walton of Fulton:
A bill authorizing tax collectors in counties of 300,000 or more to collect any assessment, fee or charge authorized to be made by the county authority of such county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 491. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to fix the salaries of special bailiffs and of secretaries appointed by the judges in lieu of special bailiffs in the superior courts in counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 492. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the act granting charter to the Town of Palmetto; and for other purposes.
Referred to Committee on Municipal Government.

HB 495. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park) to establish and change wards and councilmanic representatives; and for other purposes.
Referred to Committee on Municipal Government.

HB 496. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend the charter of the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.

HB 497. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the City of Decatur; and for other purposes.
Referred to Committee on Municipal Government.

HB 498. By Messrs. Howard and McWhorter of DeKalb:
A bill authorizing DeKalb County and the governing authorities thereof to establish and administer a sewerage system and to levy assessments therefor; and for other purposes.
Referred to Committee on Counties and County Matters.

466

JOURNAL OF THE SENATE,

HB 499. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide a method of electing members of the DeKalb County Board of Education and the superintendent of schools of said county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 500. By Messrs. Howard, Hubert and McWhorter of DeKalb, and others:
A bill to increase the salary of the solicitor general of the Stone Mountain Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 502. By Messrs. Bolton and Harper of Spalding:
A bill to amend the charter of the City of Griffin, which prohibits a candidate for commissioner to solicit votes; and for other purposes.
Referred to Committee on Municipal Government.

HB 503. By Mr. Smith of Haralson:
A bill to amend an act to create board of commissioners of roads and revenues; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 504. By Mr. Walker 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 511. By Messrs. Reed and Willingham of Cobb:
A bill to increase the salary of the treasurer of Cobb County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 514. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the act establishing a parks and recreation commiSSion in Fulton County by abolishing the term of office of members of said commission effective March 1, 1949; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 515. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

467

HB 516. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 517. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of East Point, and providing for certain annexations thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 518. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide that judges of the superior courts in counties having a population of 300,000 may refer pending divorce cases to the juvenile courts in such counties for investigation and report; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 519. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to provide that in all counties of the State of Georgia having a population of between 40,000 and 50,000 so as to change from the fee system to the salary system in such counties; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 520. By Messrs. White and Griswell of Gwinnett:
A bill to amend an act to prescribe the compensation of jurors of the City of Buford; and for other purposes.
Referred to Committee on Municipal Government.

HB 525. By Messrs. Mathis and Langdale 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 528. By Messrs. Kidd and Jennings of Baldwin:
A bill to increase the fee of the coroner of Baldwin County; to increase the fee of the coroner's jury; to increase the fee for the court stenographer at coroner's inquests; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 529. By Messrs. Davis of Bartow, Pannell of Murray, Evitt of Catoosa, and others:

A .bUJ to S!lpplement the salary of the judge,of the superior courts of the
Cherokee Judicial Circuits $2,000.00 per annum; and for other purposes.

Referred to Committee on Special Judiciary.

.. :u

468

JOURNAL OF THE SENATE,

HB 531. By Mr. Pittman of Tift:
A bill to amend an act providing for a new charter for the Town of Omega; and for other purposes.
Referred to Committee on Municipal Government.

HB 532. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to provide for the appointment of the assistant solicitor general and deputy solicitor generals of the Criminal Court of Fulton County; and fixing their salaries; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 533. By Messrs. Abney and Campbell of Walker:
A bill to amend an act approved 1914 for the purpose of prescribing election hours in and for the corporate limits of the City of LaFayette.
Referred to Committee on Municipal Government.

HB 537. By Mr. Griggs of Habersham:
A bill to amend an act entitled "An act to incorporate the Town of Cornelia in the County of Habersham, and to grant election powers and privileges to the same; and for other purposes.
Referred to Committee on Municipal Government.

HB 538. By Mr. Hill of Meriwether:
A bill to provide for the compensation of the chairman and the members of the board of commissioners of Meriwether County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 539. By Mr. Hill of Meriwether:
A bill to amend an act fixing the compensation of the treasurer of Meriwether County by giving him an increase in salary as the treasurer of Meriwether County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 540. By Messrs. Holloway of Schley, Coogle of Macon, Stocks of Lee, and others.
A bill to amend an act entitled "An act to provide a salary for the official court reporter of the Southwestern judicial circuit"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 541. By Messrs_ Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; and for other purposes. Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

469

HB 542. By Mr. Swindle of Berrien:
A bill to amend an act entitled "An act to incorporate the City of Rays Mill, now Ray City, in the County of Berrien; and for other purposes.
Referred to Committee on Municipal Government.

HB 544. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville, to extend the present corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 546. By Mr. Drinkard of Lincoln:
A bill to create a board of commissioners of roads and revenues for the County of Lincoln ; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 547. By Mr. Drinkard of Lincoln:
A bill to provide a supplement to the fees of the Ordinary of Lincoln County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 548. By Mr. Mangum of Columbia: A bill to amend an act to create a board of commissioners of roads and revenues for the County of Columbia; to define their powers and duties; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 560. By Messrs. Willingham and Reed of Cobb: A bill to create a new charter for the mayor and council of the Town of Smyrna; and for other purposes.
Referred to Committee. on Municipal Government.
HB 561. By Mr. Mangum of Columbia: A bill to increase the salaries of certain elected officials in certain counties in Georgia ; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 662. By Mr. Witherington of Wilcox:
A bill to amend an act approved March 24, 1939, which act created a board of commissioners of roads and revenues for Wilcox County by increasing the pay of chairman and members of said board; and for other purposes. Referred to Committee on Counties and County Matters.

470

JOURNAL OF THE SENATE,

HB 559. By Mr. Beddingfield of Dooly:
A bill to abolish the office of tax collector and tax receiver in the County of Dooly; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 560. By Mr. Beddingfield of Dooly:
A bill to abolish the office of county treasurer of Dooly County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 561. By Messrs. Lewis of Hancock, Jennings of Baldwin, Boone of Wilkinson, and others:
A bill to authorize the judge of the Ocmulgee Circuit to employ certain clerical help, and to provide for the compensation of said help; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 570. By Messrs. Alexander and Duncan of Carroll:
A bill to repeal an act providing for the time and manner of returning personal property in the City of Carrollton for taxation; and for other purposes.
Referred to Committee on Municipal Government.

HB 575. By Messrs. Walton and Smith of Fulton:
A bill to provide for the annexation of certain lands to the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 586. By Mr. Smith of Haralson:
A bill to amend an act approved December 30, 1898, so as to repeal the charter of the Town of Bremen; and for other purposes.
Referred to Committee on Municipal Government.

HB 587. By Mr. Smith of Haralson:
A bill to amend the charter of the City of Bremen, relevant to taxational purposes ; and for other purposes.
Referred to Committee on Municipal Government.

HB 588. By Messrs. Baker and Matthews of Clarke:
A bill to change the civil service commissioner of Athens; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

471

HB 590. By Mr. Byrd of Taylor:
A bill to provide for increasing the salary of the tax commissioner of Taylor County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 594. By Mr. Miller of Miller:
A bill to amend certain portions of the charter of the City of Colquitt relevant to certain stock laws; and for other purposes.
Referred to Committee on Municipal Government.

HB 596. By Mr. McLaughlin of Wayne:
A bill to amend an act entitled "An act to incorporate and create a new charter for the City of Jesup"; and for other purposes.
Referred to Committee on Municipal Government.

HB 595. By Mr. Miller of Miller:
A bill to amend an act incorporating the City of Colquitt, to create a new charter and municipal government for said corporation; and for other purposes.
Referred to Committee on Municipal Government.

HB 597. By Mr. McLaughlin of Wayne:
A bill to amend the act creating a new charter for the City of Jesup, approved December 16, 1937; and for other purposes.
Referred to Committee on Municipal Government.

HB 598. By Messrs. Willingham and Reed of Cobb: A bill to amend an act creating the Cobb County Planning Commission by providing a different method of appointment; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 601. By Messrs. Cohen and Coleman of Richmond: A bill to alter and amend the laws relating to City Court of Richmond County; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 622. By Mr. Pannell of Murray: A bill to increase the salary of the commissioners of roads and revenues of Murray County; and for other purposes.
Referred to Committee on Counties and County Matters.

472

JOURNAL OF THE SENATE,

HB 605. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide for the hours of holding primary, general, and special election in those counties in Georgia having a city located therein of a population of 200,000 or more; and for other purposes.
Referred to Committee on General Judiciary.

HB 606. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide for the use of voting machines, in certain counties with certain populations; and for other purposes. Referred to Committee on Counties and County Matters.

HB 607. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to increase the salaries of various elected officers and employees in certain counties in Georgia having a population between 81,000 and 83,000; and for other purposes.
Referred to Committee on Municipal Government.

HB 609. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to provide a system of fire protection in Muscogee County; to authorize the establishment and operation of a volunteer fire department in said county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 610. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to provide for an increase in the salaries of all stenographic court reporters in those counties of Georgia having a city located therein with not less than nor more than 50,000 population; and for other purposes.
Referred to Committee on General Judiciary.

HB 611. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill permitting counties in Georgia with between 60,000 and 80,000 inhabitants to make certain provisions for county planning; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 612. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, relating to voters and registration of voters qualified to vote in elections for elective officers of said city; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 14, 1949

473

HB 613. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to provide for an increase in the salary of the judge of the Municipal Court of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 614. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to provide for increasing the salary of the clerk of the Municipal Court of the City of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 615. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to provide for increasing the salary and automobile maintenance allowance of the marshal of the Municipal Court of the City of Columbus ; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 617. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the City Court of Columbus and provide for payment of same; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 618. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to abolish the justice courts, and office of the justice of the peace, and office of notary public, and ex-officio, justice of the peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 619. By Messrs. Hollis, Shields, and Pickard of Muscogee:
A bill to authorize the County of Muscogee to supplement the salary of the judge of the Superior Courts of the Chattahoochee Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 620. By Mr. Pannell of Murray:
A bill to amend an act to extend the terms of mayor and Council of City of Chatsworth from one to two years; and for other purposes. Referred to Committee on Municipal Government.

HB 621. By Mr. Pannell of Murray:
A bill to amend an act to provide for increasing the salary of the tax commissioner of Murray County; and for other purposes. Referred to Committee on Counties and County Matters.

474

JOURNAL OF THE SENATE,

HB 623. By Mr. Pannell of Murray:
A bill to amend the charter of Chatsworth and to provide a water works commission thereof; and for other purposes.
Referred to Committee on Municipal Government.

The following resolution was read the third time and put upon its passage:
SR 35. By Senator Swint of the 26th:
A resolution providing that the members of the Labor Committee of the House of Representatives of the U. S. Congress are hereby urged and requested to continue to allow farm labor and the employees of primary processors of agriculture products to be exempted from the provisions and requirements of the federal wage and hour laws.
The report of the committee, which was favorable to the adoption of the resolution was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Swint of the 26th asked unanimous consent that SR 35 be immediately transmitted to the House and the consent was granted.

The following resolution was read and adopted :
SR 37. By Senator Ursrey of the 54th:
A resolution that a committee from State Senate be appointed by presiding officer to arrange conference with mayor, City Council and city police chief of Atlanta pertaining to traffic problems around Capitol.

The President appointed on the part of the Senate as a committee:
Senators LeCraw of the 52nd, Harrison of the 17th and Cochran of the 7th.
Mr. Housley of the 32nd 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 trans.. mission to the House :

SB 102.

SB 105. SB 104.

Respectfully submitted, Housley of 32nd District, Chairman

MONDAY, FEBRUARY 14, 1949

475

Mr. Housley of the 32nd 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 69.
SB 81.
SB 87.
SB 90.
SB 96.
SB 97.

SB 117.

SR 35.

SR 38.

Respectfully submitted, Housley of 32nd District, Chairman

Mr. Housley of the 32nd 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 Governor:
SB 46. SB 47. SB 49. SB 50. SB 52. SB 55. SB 56. SB 73. SB 78. SB 88. SB 51.
Respectfully submitted, Housley of 32nd District, Chairman

476

JOURNAL OF THE SENATE,

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 110. Do Pass as amended.

Respectfully submitted, Tarver of 48th District, Chairman

Mr. Ayers of the 13th 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 the same back to the Senate with the following recommendations:

HB 341. Do Pass.

HB 407. Do Pass.

HB 324. Do Pass.

HB 394. Do Pass.

HB 413. Do Pass.

HB 215. Do Pass.

HB 410. Do Pass.

HB 345. Do Pass.

HB 334. Do Pass as substituted.

HB 331. Do Pass as amended.

HB 347. Do Pass.

HB 338. Do Pass.

HB 333. Do Pass.

HB 337. Do Pass.

HB 456. Do Pass as amended.

SB 115. Do Pass.

SB 118. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

MONDAY, FEBRUARY 14, 1949

477

Mr. Pittman of the 42nd 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 301. Do Pass. HB 330. Do Pass. HB 192. Do Pass. HB 348. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Higginbotham of the 31st 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 121. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

The following bills of the Senate and House, favorably reported, were read the second time:
SB 118. By Senator Dykes of the 14th: A bill to raise the salaries of the elected county officials of the County of Bleckley; and for other purposes.
SB 121. By Senator Harrison of the 17th: A bill to amend the charter of the City of Millen, to provide for the extension of the corporate limits; and for other purposes.
SB 110. By Senator Ursrey of the 54th: A bill to create a State Livestock Sanitary Board, define its duties, amend the livestock and dairy laws; and for other purposes.

478

JOURNAL OF THE SENATE,

SB 115. By Senator Gholston of the 30th:
A bill to require the ordinary of Madison County to call an election to be held at the same time of the general election; to determine whether the Madison County advisory shall be retained or abolished; and for other purposes.

HB 192. By Messrs. Hale of Dade, Buie of Camden and Greer of Lanier:
A bill to provide that in all counties with a certain population, the clerk of Superior Court shall be clerk of the Court of Ordinary in all cases of traffic violation; and for other purposes.

HB 301. By Mr. Twitty of Mitchell:
A bill creating the positions of chief justice emeritus and associate justice emeritus, so as to make further and additional provisions for the eligibility of persons for appointment for such positions; and for other purposes.

HB 330. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend the act approved March 27, 1947, Georgia Laws 1947, p. 1174, relating to the procedure for a judgment of restoration to sanity; and for other purposes.
HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell: A bill to amend an act relevant to the publication of corporation charters; and for other purposes.
HB 215. By Messrs. Bell, Coleman and Cohen of Richmond: A bill to be entitled an act to fix the salaries of criminal bailiffs in counties having a population not less than 81,000 nor more than 83,775; and for other purposes.
HB 324. By Messrs. Smith, Alverson and Walton of Fulton : A bill providing for licensing and regulation of boarding homes for children in unincorporated areas in counties with certain population; and for other purposes.
HB 331. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend an act approved August 16, 1915 relating to juvenile court!! so as to fix the S<llary of the judge of the Juvenile Court in counties with certain population; and for other purposes.
HB 333. By Messrs. Alverson, Walton and Smith of Fulton: A bill increasing the number of jurors and of grand jurors in counties of 300,000 or more; and .for other purposes.

MONDAY, FEBRUARY 14, 1949

479

HB 334. By Messrs. Walton, Smith and Alverson of Fulton:
. A bill to authorize the county authority in counties with certain population to regulate the parking of vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.

HB 337. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to authorize counties with certain population to acquire, improve and maintain public parks anywhere within their limits; and for other purposes.

HB 338. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to fix the compensation of assesors in eminent domain proceedings, in counties with certain population; a-p.d for other purposes.

HB 341. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the Fulton County school teachers' and employees' pension law as heretofore amended by reenacting the 1946 and 1947 amendments; and for other purposes.
HB 345. By Messrs. Cohen, Bell and Coleman of Richmond: A bill to amend an act approved February 23, 1945, creating Richmond employees pension fund; and for other purposes.
HB 347. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to provide for an annual salary for coroners in counties in Georgia with not less than 81,800 and not more than 83,000 population; and for other purposes.

HB 394. By Mr. Edwards of Effingham: A bill to provide for the fees of the coroner of Effingham County in connection with the holding of inquest; and for other purposes.
HB 407. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to amend an act amending an act entitled "An act to establish the City Court of LaGrange"; and for other purposes.
HB 410. By Messrs. Miller, Trice and Vandiver of Bibb: A bill to authorize and empower county authorities of counties with certain population to levy, assess, require, charge and collect license and occupation taxes for revenue; and for other purposes.

HB 413. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill to authorize the clerk of the Superior Court of any county that has no population less than 83,000 or more than 86,000 to install and use photostatic equipment; and for other purposes.

480

JOURNAL OF THE SENATE,

HB 456. By Messrs. Coleman, Cohen and Bell of Richmond:
A bill to provide for the continued existence of the public school system of the County of Richmond; and for other purposes.

The following general bills of the House were read the third time and put upon their passage:
HB 207. By Messrs. Vickers and Ellis of Coffee:
A bill to amend an act establishing the City Court of Douglas in and for the County of Coffee; to provide for an increase in the salary of the judge of City Court of Douglas; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 224. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill to amend the charter of the City of Macon for the purpose of authorizing said city to close to public use, to vest title in said city, and authorize said city to convey fee simple title to a portion of the southside reservoir property in said city to the Boys' Club of Macon, Inc.; and for other purposes.
The report 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, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 292. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act to create the office of Commissioner of Roads and Revenues in the County of Coffee; to provide for the election 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 bill, the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 293. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill providing for the merger of the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee; and for other purposes.
The report 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, the nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 14, 1949

481

HB 319. By Messrs. Myers and Pearlman of Sumter: A bill to provide that Sumter County shall provide for a permanent pension fund for present and future employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 351. By Messrs. Carmical and Cranford of Coweta: A bill to amend an act to create a new charter of the City of Newnan, Coweta County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 352. By Mr. Durden of Dougherty: A bill to amend an act so as to change the salary of the Commissioners of Roads and Revenues of Dougherty County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 353. By Messrs. Durden and Davis of Dougherty: A bill to amend an act to provide for a change in the salary of the judge of the City Court of Albany; and for other purposes.
The report 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, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 365. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to amend an act creating a new charter for the City of Rome and providing for the employment 9f a city manager; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill,. the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

482

JOURNAL OF THE SENATE,

HB 366. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend an act creating a new charter for the City of Rome relating to the salary of the members of the Rome City Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 369. By Mr. Tillman of Appling:
A bill to amend 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 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 380. By Messrs. Malone and Kellam of Laurens:
A bill to amend the charter of the City of Dublin so as to create a board of tax assessors, prescribe its duties, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 385. By Messrs. Cates and Bargeron of Burke:
A bill to amend an act to establish the City Court of Waynesboro, to provide for the appointment of a judge, solicitor and other officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 387. By Mr. Dorsey of White:
A bill to amend an act incorporating the Town of Cleveland; to create a new charter of said 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 34, t.he nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 14, 1949

483

HB 400. By Messrs. Alverson and Walton of Fulton: A bill to amend an act incorporating the City of Manchester (now the City of College Park), for the extension of the City of College Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 405. By Messrs. Alverson, Walton and Smith of Fulton: A bill increasing personnel of Fulton County Planning Commission and of Board of Zoning Appeals and providing a per diem compensation for 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 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 422. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to create a system of retirement for employees of the City of Decatur; and for other purposes.

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

was agreed to.



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

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

HB 423. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now the City of Decatur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 424. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating and establishing a charter and municipal government for the Town of Decatur; to authorize a tax levy of one dollar and twenty-five cents on the hundred dollars for the maintenance of the public schools of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

484

JOURNAL OF THE SENATE,

HB 437. By Messrs. Langdale and Mathis of Lowndes:
A bill delegating the Board of Commissioners of Roads and Revenues in and for the County of Lonwdes the right and authority to create a system of retirement payments for certain employees of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 441. By Mr. Kemp of Clayton:
A bill to change from the fee system to the salary system in the County of Clayton, the clerk of the Superior Court, and the sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 82, 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 81. By Senator Grayson of the 1st: A bill to authorize the issuance and sale of investment certificates, to provide for the licensing and examination of issuers of such certificates; to provide who may act as trustees for investment funds; to limit the commission on the sale of investment certificates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 199. By Mr. Matthews of Peach:
A bill to amend an act relating to fines and the fine and forfeiture fund and to the distribution and disbursement thereof, and to the priorities of claims against said 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 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 117. By Senators Eve of the 18th, LeCraw of the 52nd and Grayson of the 1st: A bill to amend the statutes of Georgia relating to venue and enlarging the discretionary powers of superior and city courts of the state; to

MONDAY, FEBRUARY 14, 1949

485

decline jurisdiction of civil cases arising out of the state wherein the plaintiff and defendant are both non-residents of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 69. By Senators Grayson of the 1st and Harrison of the 17th:
A bill to require all public and private schools within this state to give regular courses of instruction on the constitutions of the United States and the State of Georgia; and for other purposes.

Senator Harrison of the 17th offered the following amendment:
Amend SB 69 by adding a new section known as section 5 to read as follows: "All laws or parts of laws in conflict with this act are hereby repealed."
The amendment was adopted.

The committee offered the following amendment:
Amend SB 69 by adding at the end of section 4 thereof the following words:
This section not to become effective for 12 months of its approval as law.
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 147. By Messrs. Kemp of Clayton, Whitworth of Madison, Trapnell of Bulloch and others :
A bill to provide that every person, firm or corporation that sells, either at wholesale or retail, distributes or gives away fireworks shall first secure a license from the county governing authority; and for other purposes.

The Committee on Public Welfare offered the following amendment:
Amend HB 147 as follows:
The term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap

486

JOURNAL OF THE SENATE,

when in place for use, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
On the adoption of the amendment the ayes were 33, nays 0.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 90. By Senator Grayson of the 1st:
A bill to amend the laws applicable to the Georgia Real Estate Commission; to provide for a commission of three persons, their qualification, terms of appointment; provide for powers to subpoena witnesses and conduct hearings; to provide for appeals therefrom; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend section 2 of SB 90, by striking the figures "30,000" population wherever they appear in said section and inserting in lieu thereof the figures "70,000" population.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Land of the 24th moved that SB 90 be immediately transmitted to the House, and the motion prevailed.
HB 302. By Mr. Twitty of Mitchell:
A bill creating the office of judge emeritus, so as to make further and additional provisions for the eligibility of persons for such office; and for other purposes.
Senator Pilcher of the 19th offered the following amendment:
Amend HB 302 by adding in line 11 after the word judges, the words "or justices" and, by adding after the words "Court of Appeals" in line 12, the words "or Supreme Court".
On the adoption of the amendment the ayes were 28, nays 0.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

MONDAY, FEBRUARY 14, 1949

487

On the passage of the bill, the ayes were 33, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 96. By Senators Rich of the 8th, Coleman of the 16th, Rowland of the 21st and others:
A bill to make it illegal to use hoop nets, gill nets, trammel nets, seines, traps, and baskets in all creeks, rivers and waters of this state, except by special permit from the State Game and Fish Commission; excepting private ponds; and for other purposes.

Senator Pilcher of the 19th offered the following amendment:
Amend SB 96 by striking the words "gill nets" in line one of section one.
The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 106. By Mr. Greer of Lanier:
A bill providing that the provisions of chapter 34-19 and all amendments thereto shall apply and be operative in every county and municipality of this state and that it is unnecessary to have the grand jury approve of same; same relating to rules and regulations governing all elections; and for other purposes.

The Committee on State of the Republic offered the following amendment:
Amend HB 106 by adding the following sections to the same:
"Section 2. The ballot boxes provided for in chapter 34-19 of the Code of Georgia of 1933, as amended, shall be so constructed that they may be locked and cannot .be opened or the contents thereof tampered with.
"Section 2-A. No person, firm, or corporation shall print, have, or possess a ballot or ballots or any likeness of the same, except the officials having charge of the general elections, primary election, or special election under the laws of this state, and the electors when engaged in the act of voting. A violation of this section shall constitute a misdemeanor, and upon conviction of the same such person, firm, or corporation shall be punishable as for the misdemeanor.
"Section 2-B. The use of voting machines wherever provided by law shall constitute compliance with the provisions of this act with reference to the secret ballot law of 1941 as amended by this act.
"Section 2-C. The provisions of section 34-1921 Georgia Code Ann., Supp. (Georgia Laws 1941, pages 429-431) are hereby repealed.
"Section 2-D. If any provision of this act or the application thereof

488

JOURNAL OF THE SENATE,

to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this act shall not be affected thereby."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended was agreed to.
On the passage of the bill, the ayes were 35, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.

HR 56. By Messrs. Smith and Edenfield of Emanuel:
A resolution to provide compensation to Mrs. Garland Fields for loss of her husband while in line of duty as an employee of the Georgia Bureau of Investigation; and for other purposes.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Brooks Bryant Clary Cochran Daniel Florence Foster Garrett Gholston Harris

Higginbotham Housley Land, 51st Land, 24th Layton LeCraw Lunsford Mason Newton Overby Padgett Peterson Pilcher

Pittman Rackley Roddenberry Rowland Sims Smith Tarver Turner Ursrey Wright Zellner

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

The following bill of the House was taken for the purpose of considering a report of the committee of conference:
HB 15. By Messrs. Twitty and Hand of Mitchell, Tuten of Bacon and others:
A bill to amend an act creating Department of Public Safety, creating offices and providing for the pay and appointment of incumbents to govern said department; and for other purposes.

MONDAY, FEBRUARY 14, 1949

489

The secretary read the following conference committee report :

Mr. President:
Your Committee on Conference on HB 15 begs to submit the following report:
The conferees of the House and Senate recommend that the Senate recede from its position on HB 15 and that the position of the House be sustained by passing the bill as originally passed by the House.

Howard of DeKalb Byrd of Taylor Vickers of Coffee
For the House

Dykes Overby Land
For the Senate

In Senate conference committee agreed to ayes 33, nays 0.

George D. Stewart, Secretary

Senator Land of the 24th 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 President presented to the Senate Mrs. Herman E. Talmadge, first lady of Georgia, and Mrs. WilHam Healey of Atlanta.

HB 168. By Messrs. Hinson of Ware and Smith of Emanuel:
A bill to extend the provisions of the merit system act to include the employees of the State Department of Public Safety; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Pilcher of the 19th moved that the Senate do now resolve itself into executive session, and the motion prevailed.
The Senate resolved itself into executive session at 12:05 o'clock. The following communication was transmitted to His Excellency, the Gover-
laor through George D. Stewart, secretary of Senate:

490

JOURNAL OF THE SENATE,

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

February 14, 1949

Dear Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you this date, were confirmed as follows:
Honorable Grady Coker, of the County of Cherokee, to be a member of the State Board of Medical Examiners of Georgia, succeeding Honorable Q. A. Mulkeu, Millen, for a term beginning January 10, 1949, and ending September 1, 1952. The vote on this confirmation was ayes 47, nays 1.
Mrs. L. V. Hall, of the County of Fulton, to be a member of the State Board of Barber and Hairdresser Examiners, to succeed Honorable Philip A. Meyer, Sr., for a term beginning January 7, 1949, and ending July 1, 1950. The vote on this confirmation was ayes 48, nays 0.
Honorable W. 0. Mann, of the County of Clayton, to be a member of the State Board of Embalming, succeeding Honorable J. D. Wallis, LaFayette, for a term beginning January 10, 1949, and ending December 16, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable H. R. McKinstry, of the County of Miller, to be a member of the Georgia State Board of Embalming, succeeding Honorable E. L. Almand, Jr., for a term beginning January 10, 1949, and ending December 16, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable Herbert Elliott, of the County of Richmond, to be a member of the State Board of Embalming, succeeding Honorable R. E. Cannon, Clayton, for a term beginning January 10, 1949, and ending December 16, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable William F. Loflin, of the County of Muscogee, to be a member of the State Board of Accountancy, succeeding Honorable M. Wellborn, Jr., for a term beginning January 10, 1949, and ending June 30, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable Winton Hall, of the County of Ware, to be a member of the Georgia State Board of Chiropractic Examiners, succeeding R. T. Leiter, Macon, for a term beginning January 10, 1949, and ending August 20, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable W. J. Moore, of the County of Crisp, to be a member of the Georgia State Board of Chiropractic Examiners, for a term beginning January 10, 1949, and ending August 20, 1950, succeeding R. T. Langley. The vote on this confirmtion was ayes 48, nays 0.
Honorable J. I. Rose, of the County of Fulton, to be a member of the Georgia State Board of Chiropractic Examiners, succeeding W. E. Brown, Newnan, for a term beginning January 10, 1949, and expiring August 20, 1949. The vote on this confirmation was ayes 48, nays 0.
Honorable L. C. Burns, of the County of Chatham, to be a member of the State Board of Corrections, succeeding Reverend L. M. Twiggs, for a term be-

MONDAY, FEBRUARY 14, 1949

491

ginning January 25, 1949, and ending November 27, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable L. C. Pitts, of the County of Fulton, to be a member of the State Real Estate Commission, succeeding himself, for a term beginning December 31, 1948, and ending December 31, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable James S. Peters, of Meriwether County, to be a member of the State Board of Education, to succeed the Honorable Wilkins W. Kirby, resigned; from the Fourth Congressional District, for a term beginning January 31, 1949, and ending January 1, 1950. The vote on this confirmation was ayes 48, nays 0.
Honorable Ware G. Martin, of Lee County, to be a judge of the City Court of Leesburg, to succeed the Honorable E. W. Feeney, deceased, for a term begin~ ning February 1, 1949, and ending at the next general election for county officers, held in Lee County, and until his successor is elected and qualified. The vote on this confirmation was ayes 48, nays 0.
Honorable Charles G. Duncan, of Fulton County, to be chairman of the Milk Control Board for a term beginning 2nd day of February, 1949, and ending January 31, 1955. The vote on this confirmation was ayes 48, nays 0.
Honorable Augustus Ernest of Jasper County, .Georgia, to be a "consumer member" of the State Milk Control Board, for a term beginning 3rd day of February, 1949, and ending January 31, 1951. The vote on this confirmation was ayes 48, nays 0.
Mrs. Henry P. Russell, Sr., of Thomas County, to be a "producer distributor member" of the State Milk Control Board for a term beginning 3rd day of February, 1949, and ending January 31, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable George A. Sancken, of Richmond County, Georgia, to be a "dealer member" of the State Milk Control Board for a term beginning February 3, 1949, and ending January 31, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable W. P. Wallis, Jr., of Putnam County, to be a "producer member" of the State Milk Control Board for a term beginning February 3, 1949, and ending January 31, 1955. The vote on this confirmation was ayes 48, nays 0.
Honorable T. C. Ross, of Telfair County, to be a member of the State Board of Veterinary Examiners to succeed Honorable J. M. Sutton, for a term beginning February 4, 1949, and ending September 16, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable C. C. Rife, of Fulton County, to be a member of the State Board of Veterinary Examiners to succeed Honorable C. C. Von Gramp for a term beginning February 4, 1949, and ending September 16, 1951. The vote on this confirmation was ayes 48, nays 0.
Dr. R. F. Thomas, of Fulton County, to be a member of the State Board of Veterinary Examiners to succeed Honorable John W. Salter for a term beginning February 4, 1949, and ending September 16, 1952. The vote on this confirmation was ayes 48, nays 0.
Dr. F. W. Allen, of Elbert County, to be a member of the State Board of Veterinary Examiners to succeed Honorab~e 0. N. Mathis for a term beginning

492

JOURNAL OF THE SENATE,

February 4, 1949, and ending September 16, 1950. The vote on this confirmation was ayes 48, nays 0.
Honorable John E. Frankum, of Habersham County, to be judge of the Superior Courts of the Mountain Judicial Circuit, for a period beginning February 7, 1949, and ending January 1, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable Jeff Wayne, of Hall County, to be solicitor general of the Northeastern Circuit to succeed John R. Frankum, resigned, for a term beginning February 7, 1949, and ending January 1, 1951. The vote on this confirmation was ayes 48, nays 0.
Honorable Winston Owen, of Stephens County, to be solicitor general of the Mountain Judicial Circuit, for a period beginning February 7, 1949, and ending January 1, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable Ollie Mae Stowe, of Stephens County, to be solicitor of the City Court of Stephens County, to succeed Winston Owen, resigned, for a term beginning February 7, 1949, and ending January 1, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable Y. F. Geesling, of Fulton County, to be a "labor" member of the Board of Commerce for a period beginning February 8, 1949, and ending February 8, 1952. The vote on this confirmation was ayes 48, nays 0.
Honorable Lonnie Pope, of Coffee County, to be "wholesale and retail distributor" member of the Board of Commerce, for a period beginning February 8, 1949, and ending February 8, 1952. The vote on this confirmation was ayes 48, nays 0.
Honorable Emory L. Butler, of Mitchell County, to be "agriculture representative" member of the Board of Commerce, for a period beginning February 8, 1949, and ending February 8, 1954. The vote on this confirmation was ayes 48, nays 0.
Honorable Frank Neely, of Fulton County, to be "manufacturing and processing" member of the Board of Commerce, and he is to be chairman of the Board of Commerce, for a period beginning February 8, 1949, and ending February 8, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable Clark Gaines, of Elbert County, to be secretary of the Board of Commerce for a period beginning February 8, 1949, and ending February 8, 1953. The vote on this confirmation was ayes 48, nays 0.
Honorable Cam Dorsey, Jr., of the County of Habersham, to be assistant attorney general for a term beginning February 9, 1949, and continuing at the pleasure of the Governor and the Attorney General as provided by law.

Respectfully yours, George D. Stewart

The Senate reconvened in regular session at 12:20 o'clock and resumed the regular order of business.

HB 219. By Messrs. Kidd and Jennings of Baldwin, Covington of Floyd, Bargeron of Burke and others:
A bill to prevent unfair competition and unfair trade practices in the

MONDAY, FEBRUARY 14, 1949

493

sale of cigarettes; to prohibit sales of cigarettes below cost; and for other purposes.
1'he report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 97. By Senator Turner of the 34th:
A bill to provide for the registration of marriages, divorces and annulment of marriage with the State Department of Health; to provide for reports by the ordinary and clerks of court; to provide a filing fee with each petition of divorce or annualment 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:
SR 38. By Senator Purdom of the 46th:
A resolution to provide for a committee to investigate the needs and report to the General Assembly regarding working space for the General Assembly of Georgia, conference and committee rooms; and for other purposes.
The President appointed on the part of the Senate as a committee:
Senators Purdom of the 46th and Overby of the 33rd.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute and amendments to the following bill of the House to wit:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to effect a complete revision of all and singular the laws of the state in any way dealing with the subject of registration and qualification of voters; and for other purposes.
The Speaker has appointed the Committee on Conference on the part of the House to confer with a like committee on the part of the Senate. Committee consisting of the following members of the House, to wit:
Messrs. Smith of Emanuel, Byrd of Taylor, and Gross of Stephens.

494

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the Senate insist on its position on the following bill of the House and that a committee of conference be appointed:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to effect a revision of all laws of this state dealing with subject of registration and qualification of voters; and for other purposes.
The motion prevailed, and the President appointed on the part of the Senate:
Senators Grayson of the 1st, Overby of the 33rd and Ayers of the 13th.

SB 87. By Senator Grayson of the 1st:
A bill to amend code section 95-204 by providing the method of condemning land for the purpose of altering, grading, improving or reloca~ing an old road or establishing a new one; and for other purposes.
The report 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 87. By Mr. Davis of Bartow:
A bill to amend an act making it mandatory for county officers who are required to give a surety bond and to provide that the premiums due on hand be paid by county authorities from county funds; and for other purposes.

Senator Gholston of the 30th offered the following amendment:
Amend HB 87, section 1 at the end of paragraph 1 by adding the following: "Provided that if bond premiums are paid for any county officer they shall be required to pay for all. Also that the word "must" in the 4th line of section 1 shall be changed to read "may" and the word "mandatory" in the fifth line shall read "perrussive".
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, the nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 15, 1949

495

Senate Chamber, Atlanta, Georgia. Tuesday, February 15, 1949.

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Rev. Franklin Owen, pastor of First Baptist Church, Gainesville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th 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 confiriJled.

Senator Pilcher of the 19th 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 bills and resolutions, favorably reported. 5. Consideration of local bills and resolutions of the Senate and House.
9 Consideration of general bills and resolutions of the Senate and House.
The consent was granted.

The following resoluti"ons were read and adopted:
SR 39. By Senator Pilcher of the 19th:
A resolution that the General Assembly of the State of Georgia stand adjourned on February 19, 1949, at 6 o'clock P. M. Eastern Standard time, to reconvene Monday, January 16, 1950, at 10 o'clock A. M.
SR 40. By Senator LeCraw of the 52nd:
A resolution commending to the favor of the next national convention of the American Legion the name of Earle Cocke, Jr., as its next national commander.
SR 41. By Senators LeCraw of the 52nd and Pilcher of the 19th:
A resolution authorizing and directing the Governor of the State of Georgia to act in cooperation with the duly accredited representatives of the Eugene Talmadge Memorial Commission and to receive from them and place in the cupola above the main dome of the Capitol Building two sets of twenty-five Carillonic bells, in tribute to the heroes of World War II.

496

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 25. By Mr. Gowen of Glynn:
A bill to provide for municipal home rule; to establish optional plans of municipal government for municipalities; and for other purposes.

HB 323. By Messrs. Alverson, Walton, Smith of Fulton:
A bill to amend sub-paragraph 9 of paragraph 5 of section 24-2714 of the 1933 Code of Georgia; and for other purposes.

HB 459. By Messrs. Alverson, Smith and Walton of Fulton and others:
A bill to amend the hospital authorities law and to specify the number of trustees for said authorities; and for other purposes.

HB 460. By Messrs. Alverson, Smith and Walton of Fulton and others:
A bill to amend the revenue certificate law of 1937, so as to include hospital authorities within the meaning of the definition of "Municipality"; and for other purposes.

HB 510. By Messrs. Mathews of Peach, Baker and Matthews of Clarke: A bill providing regulations concerning such funds as are made available by the United States Government pursuant to federal laws and rulings for land-grant colleges and universities; and for other purposes.
HB 521. By Messrs. Griswell and White of Gwinnett:
A bill to create a charter for the Town of Suwanee; and for other purposes.
HB 526. By Messrs. Walton of Fulton, Howard of DeKalb, and others: A bill to porvide for the examination of warm air heating contractors in counties having a population of 85,000 or more; and for other purposes.
HB 562. By Messrs. Pannell of Murray, Gross of Stephens, and others:
A bill to create the University System Building Authority; and for other purposes.

HB 566. By Messrs. Alverson and Walton of Fulton, and others: A bill to amend the city charter of College Park; and for other purposes.

HB 577. By Mr. Kennedy of Tattnall:
A bill to repeal an act establishing a police force in Tattnall County; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

497

HB 578. By Mr. Kennedy of Tattnall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Tattnall County; and for other purposes.

HB 584. By Mr. Jones of Lumpkin:
A bill to provide for the eligibility of members of the county board of education of Lumpkin County; and for other purposes.

HB 593. By Mr. Miller of Miller:
A bill to amend an act entitled "An act to prohibit livestock running at large within the corporate limits of the City of Colquitt; and for other purposes.

HB 599. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act entitled "An act to provide for the appointment of stenographic reporters of city courts in counties with certain population; and for other purposes.

HB 603. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act to create a civil service board in Fulton County; and for other purposes.

HR 87-619a. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution to permit the Fulton County Commissioners to refund to bondsmen monies expended on the default of bonds, where certain prisoners who had escaped, and were returned by the bondsmen.

HR 88-619b. By Messrs. Smith, Walton and Alverson of Fulton: A resolution to permit the Fulton County Commissioners to refund to bondsmen monies expended on the default of bonds, where certain prisoners who had escaped, and were returned by the bondsmen; and for other purposes.
HB 624. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill to amend an act by changing and increasing the attendance fee of each of the commissioners; and for other purposes.
HB 625. By Messrs. Hubert, Howard, and McWhorter of DeKalb: A bill to amend an act by providing for office of city recorder of the City of Decatur to be re-established; and for other purposes.
HB 628. By Mr. Aultman of Houston:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Macon Judicial District; and for other purposes.
HB 629. By Messrs. Cagle of Pickens and Cagle of Cherokee: A bill to incorporate the Town of Nelson; and for other purposes.

498

JOURNAL OF THE SENATE,

HB 630. By Mr. Cagle of Pickens:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Jasper; and for other purposes.

HB 681. By Messrs. Covington, Terrell and Moulton of Floyd:
A bill to amend an act entitled "An act to establish a City Court in the County of Floyd; and for other purpo~es.

HB 632. By Messrs. Hollis, Shields and Pickard of Muscogee :
A bill to confer the power of eminent domain upon the Commissioners of Roads and Revenues of Muscogee County; and for other purposes.

HB 636. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of the City of Macon so as to extend the corporate limits thereof; and for other purposes.

HB 637. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to repeal an act providing for reduction in salary of solicitor general of Macon Judicial Circuit; and for other purposes.

HB 638. By Messrs. Miller, Trice 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 639. By Mr. Hartley of Crawford: A bill to amend an act which said act abolished the fee system in the Macon Judicial Circuit; and for other purposes.
HB 640. By Messrs. Vickers and Galloway of Colquitt: A bill to amend an act of 1922, Ga. Laws 1922, known as an act to create a new charter for the City of Doerun; and for other purposes.
HB 641. By Mr. Aycock of Jenkins: A bill to provide for the fees of the coroner of Jenkins County in connection with the holding of inquests; and for other purposes.
HB 644. By Messrs. Hinson and Ryle of Ware: A bill to amend an act which act amended the charter of the City of Waycross; and for other purposes.
HB 645. By Mr. Kitchen of Twiggs: A bill to provide for the fees for the coroner of Twiggs County; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

499

HB 646. By Mr. Kitchen of Twiggs:
A bill to provide that the sheriff of Twiggs County shall be paid the sum of $150.00 per month ; and for other purposes.

HB 647. By Mr. Kitchen of Twiggs:
A bill to amend an act creating the Board of Commissioners for Twiggs; and for other purposes.

HB 627. By Messrs. Jenkins and Davis of Bartow, Hale of Dade, and others:
A bill approved August 26, 1931, relating to the salary of the solicitor general of the Cherokee Judicial Circuit; and for other purposes.

HB 648. By Mr. Summerour of Dawson:
A bill to create a Board of County Commissioners of Roads and Revenues for the County of Dawson; and for other purposes.

HB 362. By Messrs. Terrell, Moulton and Covington of Floyd:
A bill to change from the fee to the salary system in certain counties, the clerk of the superior court, the sheriff; and for other purposes.

HB 602. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to authorize the county authority of Fulton County to establish, maintain and control of sewers, water mains; and for other purposes.

SB 78. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill to establish a new charter for the City of Atlanta; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 99. A resolution commending the State Health Department for their cooperation with the United States Health Service in the eradication of typhus fever; and for other purposes.
The following resolution was read and adopted :
By Senator Harrison of the 17th :
A resolution extending sincere thanks to the Southern Bell Telephone Company and Mesdames Alice Amy and Louise Edwards for excellent service rendered during the session of the Legislature.
The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committees :
SB 131. By Senators Zellner of the 22nd, Sims of the 2nd, Mason of the 28th, Rich of the 8th, and Coleman of the 16th:
A bill to provide upon application for registration of motor vehicles, the owner shall present a receipt showing that state taxes have been paid to

500

JOURNAL OF THE SENATE,

the tax collector and a receipt showing city taxes have been paid to the proper city tax authority; and for other purposes.
Referred to Committee on Motor Vehicles.

SB 132. By Senator Dykes of the 14th:
A bill to provide for the segregation of the white and negro races at all public parks, public swimming pools, public golf courses and other public places of amusement and recreation; and for other purposes.
Referred to Committee on General Judiciary.

SB 133. By Senator Dykes of the 14th:
A bill to make it unlawful for any white person or persons or any negro or negroes to participate together in any athletic contest, exhibition or practice; and for other purposes.
Referred to Committee on State of Republic.

The following bills and/or resolutions of the House were read the first time and referred to the committees :
HB 25. By Mr. Gowen of Glynn:
A bill to provide for municipal home rule; to establish optional plans of municipal government for municipalities; and for other purposes.
Referred to Committee on State of Republic.

HB 323. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend sub-paragraph 9 of paragraph 5 of section 24-2714 of the 1933 Code of Georgia; and for other purposes.
Referred to Committee on General Judiciary.

HB 460. By Messrs. Alverson, Smith and Walton of Fulton, and others:
A bill to amend the Revenue Certificate Law of 1937, so as to include hospital authorities within the meaning of the definition of "municipality"; and for other purposes.
Referred to Committee on Public Welfare.

HB 459. By Messrs. Alverson, Smith and Walton of Fulton, and others:
A bill to amend the Hospital Authorities Law and to specify the number of trustees for said authorities; and for other purposes.
Referred to Committee on Public Welfare.

HB 510. By Messrs. Mathews of Peach, Baker and Matthews of Clarke:
A bill to provide regulations concerning such funds as are made available by the U. S. Government pursuant to Federal laws and rulings for landgrant colleges and universities; and for other purposes.
Referred to Committee on General Judiciary.

TUESDAY, FEBRUARY 15, 1949

501

HB 521. By Messrs. Griswell and White of Gwinnett:
A bill to create a charter for the Town of Suwanee; and for other purposes. Referred to Committee on Municipal Government.

HB 526. By Messrs. Walton of Fulton, Howard of DeKalb, and others:
A bill to provide for the examination of warm air heating contractors in counties having a population of 85,000 or more; and for other purposes.
Referred to Committee on Public Welfare.

HB 362. By Messrs. Pannel of Murray, Gross of Stephens, and others.
A bill to create the University System Building Authority; and for other purposes.
Referred to Committee on University of Georgia.

HB 566. By Messrs. Alverson and Walton of Fulton, and others: A bill to amend the city charter of College Park; and for other purposes.
Referred to Committee on Municipal Government.

HB 577. By Mr. Kennedy of Tattnall:
A bill to repeal an act establishing a police force in Tattnall County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 578. By Mr. Kennedy of Tattnall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Tattnall County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 584. By Mr. Jones of Lumpkin:
A bill to provide for the eligibility of members of the County Board of Education of Lumpkin County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 593. By Mr. Miller of Miller:
A bill to amend an act entitled "An act to prohibit livestock running at large within the corporate limits of the City of Colquitt; and for other purposes.
Referred to Committee on Municipal Government.

502

JOURNAL OF THE SENATE,

HB 599. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act entitled "An act to provide for the appointment of stenographic reporters of city courts in counties with certain population"; and for other purposes.
Referred to Committee on General Judiciary.

HB 603. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act to create a civil service board in Fulton County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 624. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act by changing and increasing the attendance fee of each of the commissioners; and for other purposes.
Referred to Committee on Municipal Government.

HB 625. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act by providing for office of City Recorder of the City of Decatur to be re-established; and for other purposes.
Referred to Committee on Municipal Government.

HB 628. By Mr. Aultman of Houston:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Macon Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 629. By Messrs. Cagle of Pickens and Cagle of Cherokee: A bill to incorporate the Town of Nelson; and for other purposes.
Referred to Committee on Municipal Government.

HB 630. By Mr. Cagle of Pickens:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Jasper; and for other purposes.
Referred to Committee on Municipal Government.

HB 631. By Messrs. Covington, Terrell and Moulton of Floyd:
A bill to amend an act entitled "An act to establish a City Court in the County of Floyd; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 15, 1949

503

HB 632. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to confer the power of eminent domain upon the Commissioners of Roads and Revenues of Muscogee County; and for other purposes. Referred to Committee on Counties and County Matters.

HB 636. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of the City of Macon so as to extend the corporate limits thereof; and for other purposes. Referred to Committee on Municipal Government.

HB 637. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to repeal an act providing for reduction in salary of solicitor general of Macon Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary.

HB 638. By Messrs. Miller, Trice 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.
Referred to Committee on Municipal Government.

HB 639. By Mr. Hartley of Crawford:
A bill to amend an act which said act abolished the fee system in the Macon Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary.

HB 640. My Hartley of Crawford:
A bill to amend an act of 1922, Ga. Laws 1922, known as an act to create a new charter for the City of Doerun; and for other purposes.
Referred to Committee on Municipal Government.

HB 641. By Mr. Aycock of Jenkins:
A bill to provide for the fees of the coroner of Jenkins County in connection with the holding of inquests; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 644. By Messrs. Hinson and Ryle of Ware:
A bill to amend an act which act amended the charter of the City of Waycross; and for other purposes.
Referred to Committee on Municipal Government.

504

JOURNAL OF THE SENATE,

HB 645. By Mr. Kitchen of Twiggs:
A bill to provide for the fees for the coroner of Twiggs County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 646. By Mr. Kitchen of Twiggs:
A bill to provide that the sheriff of Twiggs County shall be paid the sum of $150.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 647. By Mr. Kitchen of Twiggs:
A bill to amend an act creating the Board of Commissioners for Twiggs; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 627. By Messrs. Jenkins and Davis of Bartow, Hale of Dade, and others:
A bill approved August 26, 1931, relating to the salary of the solicitor general of the Cherokee Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 648. By Mr. Summerour of Dawson: A bill to create a Board of County Commissioners of Roads and Revenues for the County of Dawson; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 362. By Messrs. Terrell, Moulton and Covington of Floyd: A bill to change from the fee to the salary system in certain counties, the clerk of the superior court, the sheriff; and for other purposes.
Referred to Committee on Special Judiciary.
HB 602. By Messrs. Smith, Alverson and Walton of Fulton: A bill to authorize the county authority of Fulton County to establish, maintain and control of sewers, water mains; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 87-619a. By Messrs. Alverson, Smith and Walton of Fulton: A resolution to permit the Fulton County Commissioners to refund to bondsmen monies expended on the default of bonds, where certain prisoners who had escaped, and were returned by the bondsman.
Referred to Committee on Counties and County Matters.

TJTESDAY, FEBRUARY 15, 1949

505

HR 88-619b. By Messrs. Smith, Walton and Alverson of Fulton:
A resolution to permit the Fulton County Commissioners to refund to bondsmen monies expended on the default of bonds, where certain prisononers who had escaped, and were returned by the bondsman; and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read and adopted:

HR 99. By Messrs. Ray of Warren, Twitty of Mitchell, and others:
A resolution commending the State Health Department for their cooperation with the U. S. Health Service in the eradication of rats and typhus fever; and for other purposes.

Mr. Zellner of the 22nd District, chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education 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 507. Do Pass. HB 508. Do Pass.

Respectfully submitted, Zellner of 22nd District,

Chairman

Mr. Higginbotham of the 31st 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 454. Do Pass. HB 525. Do Pass. HB 620. Do Pass. HB 623. Do Pass. HB 481. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

506

JOURNAL OF THE SENATE..

Mr. Pittman of the 42nd 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 272. Do Pass. HB 529. Do Pass as amended. HB 239. Do Pass as amended. HB 152. Do Pass. HB 214. Do Pass. HB 288. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Ayers of the 13th 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 300. Do Pass. HB 211. Do Pass. HB 546. Do Pass as amended. HB 547. Do Pass. HB 621. Do Pass. HB 560. Do Pass. HB 559. Do Pass. HB 468. Do Pass. HB 514. Do Pass. HB 518. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

TUESDAY, FEBRUARY 15, 1949

507

Senator Housley of the 32nd 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:

SR 39.

SR 40.

SR 41.

SR 42.

SB 122.

SB 124.

SB 128.

SB 129.

SB 130

Respectfully submitted, Housley of 32nd District, Chairman

Senator Housley of the 32nd 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 Governor:
SB 53.
Respectfully submitted, Housley of 32nd District, Chairman

508

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 594. Do Pass. HB 520. Do Pass. HB 542. Do Pass. HB 588. Do Pass. HB 537. Do Pass. HB 570. Do Pass. SB 129. Do Pass. SB 130. Do Pass. SB 128. Do Pass. HB 596. Do Pass. HB 544. Do Pass. HB 597. Do Pass.
Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Higginbotham of the 31st 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 364. Do Pass.

HB 367. Do Pass. HB 363. Do Pass. SB 122. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

TUESDAY, FEBRUARY 15, 1949

509

Mr. Garrett of the 53rd District, chairman of the Committee on Finance, submitted the following 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:

HR 53-291D. Do Pass.

HB 180. Do Pass.

Respectfully submitted, Garrett of 53rd District, Chairman

Mr. Stark of the 37th District, chairman of the Committee on Halls and Rooms, submitted the following report :

Mr. President:
Your Committee on Halls and Rooms 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 403. Do Pass.

Respectfully submitted, Stark of 37th District, Chairman

Mr. Higginbotham of the 31st 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 375. Do Pass. HB 445. Do Pass as amended.
Respectfully submitted, Higginbotham of 31st District, Chairman

510

JOURNAL OF THE SENATE,

Mr. LeCraw of the 52nd District, chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:
Your Committee on Military Affairs 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 120. Do Pass.

Respectfully submitted, LeCraw of 52nd District, Chairman

Mr. Gholston of the 35th District, chairman of the Committee on University of Georgia, submitted the following report:

Mr. President:
Your Committee on University of Georgia 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 509. Do Pass.

Respectfully submitted, Gholston of 35th District, Chairman

Mr. Higginbotham of the 31st 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 633. Do Pass. HB 595. Do Pass. HB 541. Do Pass. HB 586. Do Pass. HB 483. Do Pass. HB 660. Do Pass. HB 607. Do Pass. HB 464. Do Pass.

TUESDAY, FEBRUARY 15, 1949

511

HB 496. .Do Pass. HB 497. Do Pass. HB 502. Do Pass. HB 531. Do Pass. HB 612. Do Pass. HB 587. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Ayers of the 13th 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 the same back to the Senate with the following recommendations:
HB 473. Do Pass. HB 622. Do Pass. HB 480. Do Pass. HB 503. Do Pass. HB 465. Do Pass. HB 598. Do Pass as amended. HB 451. Do Pass. HB 444. Do Pass. HB 609. Do Pass. HB 467. Do Pass. HB 606. Do Pass. HB 498. Do Pass. HB 500. Do Pass. HB 499. Do Pass. HB 611. Do Pass. HB 511. Do Pass. HB 548. Do Pass. HB 551. Do Pass. SB 124. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

512

JOURNAL OF THE SENATE,

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 76. Do Pass, by substitute.

Respectfully submitted, Tarver of 48th District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 76. By Senators Ursrey of the 54th, Housley of the 32nd, Roddenberry of the 3rd, Higginbotham of the 31st, Tarver of the 48th, and Mason of the 28th:
A bill to amend the seed inspection laws by providing for wholesaler and retailer license fees; to provide for inspection stamps to be purchased from the Commissioner of Agriculture ; to provide the Commissioner of Agriculture may adopt rules and regulations; and for other purposes.
SB 120. By Senator LeCraw of the 52nd:
A bill to repeal sections 86-207, 86-501, 86-502 and 86-503 of the Code of Georgia of 1933 and substituting new sections relating to public defense so as to reorganize the military forces of this state; to provide the Adjutant General shall have the rank of Major General; the assistant Adjutant General shall have the rank of Brigadier General; to provide for the appointment of a property and disbursing officers; and for other purposes.
SB 122. By Senator Pilcher of the 19th:
A bill to amend the charter of the City of Warrenton so as to provide for the extension of the city limits; and for other purposes.
SB 124. By Senator Ayers of the 13th :
A bill to amend the act establishing the City Court of Ellaville by providing that the judge shall be a resident of the State of Georgia; and for other purposes.
SB 128. By Senator Eve of the 16th:
A bill to provide that the recorder of the City of Augusta shall have jurisdiction to try all persons charged with violation of health regulations promulgated by the Richmond County Board of Health; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

513

SB 129. By Senator Eve of the 18th:
A bill to amend the charter of the City of Augusta to provide an annual municipal budget along with a tentative appropriation bill; and for other purposes.

SB 130. By Senator Eve of the 18th:
A bill to provide a pension system for retirement of certain future employees of the City of Augusta; to establish a general retirement fund; to provide the amount of retirement allowances and the method of payment; and for other purposes.

HB 152. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend the Code of Georgia of 1933 to permit the temporary confinement of insane persons; and for other purposes.

HB 180. By Mr. Gross of Stephens:
A bill to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes; and for other purposes.

HB 211. By Mr. Stevens of Webster:
A bill to amend an act to create the office of county treasurer for the County of Webster; and for other purposes.

HB 214. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act fixing the salaries of the court reporter and bailiff to the superior court judge; and for other purposes.

HB 239. By Messrs. Abney of Walker, Hale of Dade, Britton and Bledsoe of Whitfield, Campbell of Walker, and Cook of Chattooga:
A bill to create a new judicial circuit for the State of Georgia, to be called the Lookout Mountain Judicial Circuit, and to be composed of the counties of Catoosa, Dade, Chattooga and Walker; and for other purposes.

HB 272. By Messrs. Twitty of Mitchell and Lewis of Hancock:
A bill to amend an act so as to define the effect of the final order of adoption upon the status of an adopted child; and for other purposes.
HB 288. By Messrs. Howard Hubert and McWhorter of DeKalb: A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court; and for other purposes.
HB 300. By Mr. Bennett of Barrow: A bill to create a city court in and for the County of Barrow, to provide for a judge, solicitor and other officers thereof; and for other purposes.

514

JOURNAL OF THE SENATE,

HB 363. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend an act relating to the powers of the Rome City Commission with reference to the registration and licensing of businesses, callings, vocations and professions; and for other purposes.

HB 364. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend the act of 1918 creating a new charter and municipal government for the City of Rome by enlarging the present city boundaries and corporate limits; and for other purposes.

HB 367. By Messrs. Vaughn and Moulton of Floyd: A bill to amend the charter of the City of Rome approved 1918 as amended by various acts and especially by acts approved February 16, 1943; and for other purposes.
HB 375. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend an act to repeal all laws heretofore passed incorporatig the City of Manchester (now the City of College Park), to provide for incorporation of the City of College Park; and for other purposes.
HB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel: A bill to legalize the operation of motion picture theatres in any county in Georgia on Sunday; and for other purposes.
HB 444. By Messrs. Johnston and Sumner of Worth: A bill to increase the compensation of the officers of the City Court of Sylvester, Worth County; and for other purposes.
HB 445. By Messrs. Criswell and White of Gwinnett: A bill to amend an act to incorporate the Town of Rest Haven in the County of Gwinnett; to create a charter and municipal government; and for other purposes.
HB 451. By Mr. Sills of Candler: A bill to amend an act abolishing the fee system and placing the solicitor of the Middle Judicial Circuit on a salary basis and raising the salary of the solicitor general; and for other purposes.
HB 454. By Messrs. Mathis and Langdale of Lowndes: A bill to amend the act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta; and for other purposes.
HB 467. By Mr. Gross of Stephens: A bill to amend an act creating and establishing the City Court of Stephens; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

515

HB 468. By Mr. Gross of Stephens:
A bill to amend the act creating the office of tax commissioner of Stephens County; and for other purposes.

HB 480. By Mr. Tribble of Monroe:
A bill to change the salary of the tax commissioner of Monroe County; and for other purposes.

HB 481. By Messrs. Mathis and Langdale 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; and for other purposes.

HB 483. By Mr. Griggs of Habersham:
A bill to amend an act entitled "An act to incorporate the Town of Cornelia"; and for other purposes.

HB 496. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to amend the charter of City of Decatur; and for other purposes.

HB 497. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the City of Decatur; and for other purposes.

HB 498. By Messrs. Howard and MeWhorter of DeKalb:
A bill authorizing DeKalb County and the governing authorities thereof to establish and administer a sewerage system and to levy assessments therefor; and for other purposes.

HB 499. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide a method of electing members of the DeKalb County Board of Education and the superintendent of schools of said county; and for other purposes.

HB 500. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide for salary of solicitor general of Stone Mountain Circuit; and for other purposes.

HB 502. By Messrs. Bolton and Harper of Spalding:
A bill to amend the charter of the City of Griffin, which prohibits a candidate for commissioner to solicit votes; and for other purposes.

HB 503. By Mr. Smith of Haralson:
A bill to amend an act to create board of commissioners of roads and revenues; and for other purposes.

516

JOURNAL OF THE SENATE,

HB 507. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray, and others:
A bill to amend an act of the General Assembly entitled "Teachers Retirement System" to establish a retirement system for aged and incapacitated teachers in the state public schools; and for other purposes.

HB 508. By Messrs. Matthews and Baker of Clarke, Pannell of Murray, and others:
A bill to amend the 1933 Georgia Code relating to the public school system and adding a new chapter thereto; and for other purposes.

HB 509. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, Pannell of Murray, Campbell of Oconee, and Hollis of Muscogee:
A bill to amend the Code of Georgia of 1933, relating to the powers, authority and constitution of the board of regents of the University System of Georgia by adding to said chapter a new section to be known as "section 32-152" and providing that the board of regents shall be empowered to establish pension and retirement allowances; and for other purposes.

HB 511. By Messrs. Reed and Willingham of Cobb: A bill to increase the salary of the Treasurer of Cobb County ; and for other purposes.
HB 514. By Messrs. Walton, Alverson and Smith of Fulton: A bill to amend the act establishing a park and recreation comm1ss1on in Fulton County by abolishing the terms of office of members of said commission effective March 1, 1949; and for other purposes.
HB 518. By Messrs. Alverson, Walton and Smith of Fulton: A bill to provide that judges of the superior court in counties having a population of 300,000 may refer pending divorce cases to the juvenile courts in such counties for investigation and report; and for other purposes.
HB 520. By Messrs. White and Griswell of Gwinnett: A bill to amend an act to prescribe the compensation of jurors of the City of Buford; and for other purposes.

HB 525. By Messrs. Mathis and Langdale of Lowndes:
A bill to amend an act establishing a public school system for the City of Valdosta; and for other purposes.

HB 529. By Messrs. Davis of Bartow, Pannell of Murray, Britt of Catoosa, and others:
A bill to supplement the salary of the judge of the Superior Courts of the Cherokee Judicial Circuit $2,000 per annum; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

517

HB 531. By Mr. Pittman of Tift:
A bill to amend an act providing for a new charter for the Town of Omega; and for other purposes.

HB 533. By Messrs. Abney and Campbell of Walker:
A bill to amend an act approved 1914 for the purpose of prescribing election hours in and for the corporate limits of the City of LaFayette.

HB 537. By Mr. Griggs of Habersham:

A bill to amend an act entitled "An act to incorporate the Town of Cor-

nelia in the County of Habersham, and to grant election powers and

privilege!! to the same; and for other purposes.



HB 541. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; and for other purposes.

HB 542. By Mr. Swindle of Berrien:
A bill to amend an act entitled "An act to incorporate the City of Ray Mill, now Ray City, in the County of Berrien; and for ot_her purposes.

HB 544. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville; to extend the present corporate limits of said city; and for other purposes.

HB 546. By Mr. Drinkard of Lincoln:
A bill to create a board of commissioners of roads and revenues for the County of Lincoln; and for other purposes.

HB 547. By Mr. Drinkard of Lincoln:
A bill to provide a supplement to the fees of the ordinary of Lincoln County; and for other purposes.

HB 548. By Mr. Mangum of Columbia:

A bill to amend an act to create a board of commissioners of roads and

revenues for the County of Columbia; to define their powers and duties ;

and for other purposes.



HB 550. By Messrs. Willingham and Reed of Cobb:
A bill to create a new charter for the mayor and council of the Town of Smyrna; and for other purposes.

HB 551. By Mr. Mangum of Columbia:
A bill to increase the salaries of certain elected officials in certain counties in Georgia; and for other purposes.

518

JOURNAL OF THE SENATE,

HB 559. By Mr. Beddingfield of Dooly:
A bill to abolish the office of tax collector and tax receiver in the County of Dooly; and for other purposes.

HB 560. By Mr. Beddingfield of Dooly:
A bill to abolish the office of county treasurer of Dooly County; and for other purposes.

HB 570. By Messrs. Alexander and Duncan of Carroll:
A bill to repeal an act providing for the time and manner of returning personal property in the City of Carrollton for taxation; and for other purposes.

HB 586. By Mr. Smith of Haralson:
A bill to amend an act approved December 30, 1898, so as to repeal the charter of the Town of Bremen; and for other purposes.

HB 587. By Mr. Smith of Haralson:
A bill to amend the charter of the City of Bremen, relevant to taxational purposes; and for other purposes.

HB 588. By Messrs. Baker and Matthews of Clarke:
A bill to change the civil service commissioner of Athens; and for other purposes.

HB 594. By Mr. Miller of Miller:
A bill to amend certain portions of the charter of the City of Colquitt relevant to certain stock laws; and for other purposes.

HB 595. By Mr. Miller of Miller:
A bill ot incorporate the City of Colquitt, to create a new charter and municipal government for said corporation; and for other purposes.

HB 596. By Mr. McLaughlin of Wayne:
A bill to amend an act entitled "An act to incorporate and create a new charter for the City of Jesup; and for other purposes.

HB 597. By Mr. McLaughlin of Wayne:
A bill to amend the act creating a new charter for the City of Jesup, approved December 16, 1937; and for other purposes.

HB 598. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act creating the Cobb County Planning Commission by providing a different method of appointment; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

519

HB 606. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to provide for the use of voting machines in certain counties with certain populations; and for other purposes.

HB 607. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to increase the salaries of various elected officers and employees in certain counties in Georgia having a population between 81,000 and 83,000; and for other purposes.
HB 609. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to provide a system of fire protection in Muscogee County; to authorize the establishment and operation of a volunteer fire department in said county; and for other purposes.
HB 611. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill permitting counties in Georgia with between 60,000 and 80,000
inhabitants to make certain provisions for county planning; and for
other purposes.
HB 612. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, relating to voters
and registration of voters qualified to vote in elections for elective officers of said city; and for other purposes.
HB 620. By Mr. Pannell of Murray:
A bill to amend an act to extend the terms of mayor and council of City of Chatsworth from one to two years; and for other purposes.
HB 621. By Mr. Pannell of Murray:
A bill to amend an act to provide for increasing the salary of the tax commissioner of Murray County; and for other purposes.

HB 622. By Mr. Pannell of Murray:
A bill to increase the salary of the commissioner of roads and revenues of Murray County; and for other purposes.

HB 623. By Mr. Pannell of Murray: A bill to amend the charter of Chatsworth and to provide a water works commission thereof; and for other purposes.
HR 53-29ld. By Mr. Kennedy of Tattnall: A resolution to pay damages to personal property of Clarence Smith caused by operation of prison at Reidsville; and for other purposes.

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

520

JOURNAL OF THE SENATE,

HB 410. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize and empower proper county authorities of counties having a population of not less than 83,000 and and more than 86,000 to levy, assess, require, charge and collect license and occupation taxes for revenue and licenses, fees, charges, and permits for regulatory 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 413. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to authorize the clerk of the superior court of any county having a population of not less than 83,000 and not more than 86,000 to install and use photostatic equipment or other photographic equipment in recording, copying and furnishing copies of any and all instruments, records, proceedings of record or on file in said 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 345. By Messrs. Cohen, Bell and Coleman of Richmond:
A bill to amend an act creating Richmond employees pension fund in 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 394. By Mr. Edwards of Effingham:
A bill to provide for the fees of the coroner of Effingham County in connection with the holding of inquest; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 407. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to amend an act to establish the City Court of LaGrange; to provide for the appointment of a judge and other offices; and for other purposes.

TUESDAY, FEBRUARY 15, 1949

521

The report 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 337. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to authorize counties having a population of 300,000 or more to acquire, improve and maintain public parks anywhere within their limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 338. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to fix the compensation of assessors in eminent domain proceedings, in counties of 300,000 or more population; and for other purposes.
The report.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 341. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the Fulton County School Teachers' and Employees' Pension 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 333. By Messrs. Alverson, Walton and Smith of Fulton:
A bill increasing the number of jurors and of grand jurors in counties of 300,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 834. By Messrs. Walton, Alverson and Smith of Fulton: A bill to authorize the county authority in counties of 300,000 or more population to regulate the parking of vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.

522

JOURNAL OF THE SENAT)~,

Senator LeCraw of the 52nd offered the following substitute:

A BILL
TO BE ENTITLED
An act to amend an act entitled "An Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this state; to provide for the erection of stop sig.ns; to provide for the dimming of lights of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles and to provide how the minimum requirements of reflectors shall be determined; to require the filing of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several counties of the state concerning deaths resulting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this act; and for other purposes," approved March 24, 1939 (Georgia Laws 1939, pages 295 through 303, inclusive) and acts amendatory thereof, by authorizing the Board of Commissioners of Roads and Revenues or other authority having charge of the roads and revenues in all counties in this state having a population of 300,000 or more by the last or any future census of population, at the direction and under the supervision of the Department of Public Safety and at the expense of such county, to erect stop signs, including tra ___ c control systems, at intersections; to regulate the parking of vehicles on the stieets and highways thereof; to provide penalties and punishment for violators of this act; 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 sub-paragraph (c) of section 1 of said act approved March 24, 1939, as aforesaid and as codified in Code section 68-301 of the Code of Georgia Annotated, be, and the same is hereby amended by adding thereto and at the end of said sub-paragraph (c), the following, to wit:
Provided, that in all counties of this state having a population of 300,000 or more, according to the last or any future United States census of population, it shall be the duty of the Department of Public Safety, upon request of the Board of Commissioners of Roads and Revenues or other authority having charge of the roads and revenues of any said county, to determine, in the manner aforesaid whether any speed herein above authorized is greater than is safe under the conditions found to exist on any segment of a public street or highway in such county which may be specified by such county authority or authorities, and, if so, to declare special speed restrictions thereat and therefor and it shall thereupon become the duty of such county authority or authorities, under the supervision and at the direction of the Board of Public Safety and at the expense of such county, to put said speed regulations into effect by erecting or providing proper highway signs, giving notice of said restrictions at such place or places and it shall thereafter be the duty of the driver or operator of motor vehicles to observe said highway signs, and to comply therewith and failure to do so shall be a misdemeanor and pun-

TUESDAY, FEBRUARY 15, 1949

523

ishable as provided by said act as hereby amended. The erection or maintenance of any such sign or signs shall be conclusively presumed to have been made as authorized by this act.
Section 2.
That section 3 of said act and as codified in section 68-315, of the Annotated Code of Georgia, be, and the same is hereby amended, by adding a new sub-paragraph to said section, to be known as sub-paragraph (c) thereof, as follows:
(c) In all counties of this state having a population of 300,000 or more, according to the last census of population as aforesaid, or any future census thereof, it shall be the duty of the Department of Public Safety, upon request of the Board of Commissioners of Roads and Revenues or other authority in charge of roads and revenues of any such county, to authorize such county authority or authorities, at the expense of such county, to erect and/or maintain traffic control systems at highway intersections whereat the Department of Public Safety has heretofore, or may hereafter, cause stop signs to be erected as provided by this Act, which said traffic control system may be in addition to or in lieu of such stop signs erected and maintained by the highway maintenance department.
Every driver of a motor vehicle and every motorman of a street car shall stop at such intersections when the traffic control signal thereat in the direction in which such driver or motorman is traveling is red in color and shall not enter said intersection except while said signal is green in color, and every such driver or motorman who fails to obey a traffic control signal as required by this law shall be guilty of a misdemeanor and upon conviction of a violation of this section shall be punished as for a misdemeanor.
Section 3.
(a) That from and after the passage and approval of this act, in all counties of this state having a population of 300,000 or more as aforesaid, the Department of Public Safety shall be authorized to fix rules in respect to the parking of automobiles on and along the public highways or public roads of such counties outside of municipalities and to promulgate safety rules in respect thereto, including time limits for parking in parking zones which it may establish for the public safety and convenience and further including the banning of parking on said highways or roads where necessary for traffic control and public safety, and to give notice of same by proper signs designating no parking zones and parking zones whereat time limits for parking are in force, clearly stating the time limit prescribed, if any. Said signs to be erected and maintained by the county in which the same are located.
(b) It shall be unlawful for any person to park a motor vehicle in any zone designated by such sign or signs as a "no parking" zone, or to park in a designated parking zone for a longer period of time than may be designated by such sign or signs as may be located thereat as aforesaid and persons convicted of violating this section shall be punished as for a misdemeanor. The erection or maintenance of such sign or signs shall be conclusively presumed to have been done in conformity with this act.
Section 4.
All laws and parts of laws in conflict herewith are hereby repealed.

524

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 192. By Messrs. Hale of Dade, Buie of Camden and Greer of Lanier:
A bill to provide in counties having a population of not less than 5,500 nor more than 6,000 that the clerk of superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws of the State of Georgia in said 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 215. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to fix the salaries of criminal bailiffs in counties having a population of not less than 81,000 nor more than 83,775; and for other purposes.
The report 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 324. By Messrs. Smith, Alverson and Walton of Fulton:
A bill providing for licensing and regulation of boarding homes for children in unincorporated areas in counties of 300,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 331. By Messrs. Smith, Alverson and Walton of Fulton: A bill to amend an act relating to juvenile courts so as to fix the salary of the judge of the juvenile court in counties of 200,000 or more inhabitants at $10,000.00 per year; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment:
Amend HB 331 as follows:

TUESDAY, FEBRUARY 15, 1949

525

Amend the title to the above bill by striking therefrom the following words which occur in lines 18, 19 and 20 of the title, namely:

"To substitute therefor the amount of $10,000 as the amount of salary to be paid annually to the judge of the juvenile court in such counties";

and by substituting therefor the following new words to be placed in the title of said act, to wit:

"To substitute therefor as the salary of the judge of the juvenile court in such counties a sum of not less than $7,500.00 and not more than $10,000.00, the exact amount thereof to be fixed from time to time by the board of commissioners of roads and revenues or other county authority in such counties."

Amend section 1 of said act by striking and eliminating from section 1 all portions thereof following the words, "is further amended," which occur in the last line on page 1 (which is line 12 of section 1) of said HB 331, and by substituting for the remainder of section 1 of HB 331 so stricken, the following words and sentences, to wit:

"By striking and eliminating therefrom the proviso added to said law by the 1947 amendment thereto (published Georgia Laws 1947, page 766) and also by striking and eliminating from said law the paragraph contained in the 1947 amendment which reads:

" The salary shall be $8,500.00 per annum payable in equal monthly amounts out of the county treasury.'"

As a substitute for the portions of section 1 of HB 331 so stricken, the following new words and sentences are added to the portion of section 1 remaining in said HB 331, that is, the following words and sentences are added immediately after the words, "is further amended," which occur in the last line of page 1 (which is line 12 of section 1) 9f HB 331, namely:

"by adding to the first sentence of section 21 of said .act approved August 16, 1915 (which section 21 is published Georgia Laws 1915, page 43) , the following proviso, namely:

"'provided, however, that in counties of Georgia having a population

of 200,000 or more inhabitants _by the last or any future United States

census, the salary of the judge of the juvenile court of each such county

shall be a sum not less than $7,500.00 per annum and not more than

$10,000.00 per annum, payable in equal monthly installments out of the

county treasury, the exact amount of said salary to be fixed from time to

time by the board of commissioners of roads and revenues or other county

authority of such county.' "



so that as so amended, section 21 of said act approved August 16, 1915 Georgia Laws 1915, page 43) shall read as follows:
"Section 21. The judge of the superior court of the county shall appoint the judge of said juvenile court for a term of six (6) years, and shall fix the compensation, provided, however, that in counties of Georgia having a population of 200,000 or more inhabitants by the last or any future United States census, the salary of the judge of the juvenile court of each such county shall be a sum not less than $7,500.00 per annum and not more than $10,000.00 per annum, payable in equal monthly install-

526

JOURNAL OF THE SENATE,

ments out of the county treasury, the exact amount of said salary to be fixed from time to time by the board of commissioners of roads and revenues or other county authority of such county. Any attorney-at-law, who has practiced for three or more years shall be eligible to hold office as judge of said court, provided that among the qualifications shall be interest in children and knowledge of the problems of social service, of philanthropy and of child life."
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.

HB 307. By Mr. Walker of Telfair:
A bill to amend an act which provides for a new charter for the City of McRae; and for other purposes.

Senator Layton of the 45th offered the following amendment:
Amend HB 307 as follows: That section 1 of said bill be stricken from said bill in its entirety.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 343. By Messrs. Kitchens of Twiggs, Kellam and Malone of Laurens and Rowland of Johnson.
A bill to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.

Senators Coleman of the 16th and Rowland of the 21st offered the following amendment:
Amend HB 343 as follows : By striking the words and figures twelve hundred ($1200.00) dollars wherever they may appear referring to Johnson County and inserting in lieu thereof the words and figures nine hundred ($900.00) dollars.
Also by striking the words and figures three thousand ($3,000.00) dollars wherever they may appear referring to Laurens County and inserting in lieu thereof the words and figures twenty-seven hundred ($2700.00) dollars.
Also by striking the words and figures fifty-four hundred ($5400.00) dollars wherever they may appear and inserting in lieu thereof the words and figures forty-eight hundred ($4800.00) dollars.

TUESDAY, FEBRUARY 15, 1949

527

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Land of the 51st asked unanimous consent that HB 343 be immediately transmitted to the House, and the consent was granted.

HB 456. By Messrs. Coleman, Cohen and Bell of Richmond:
A bill to provide for the continued existence of the public school system of the County of Richmond; and for other purposes.

Senator Eve of the 18th offered the following amendment:
Amend HB 456 by adding or inserting the word "professional after the word "college" and before the word "teachers" in the seventh line of section 11, subsection D.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 121. By Senator Harrison of the 17th:
A bill to amend an act to create a new charter for the City of Millen, in the County of Jenkins; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Harrison of the 17th asked unanimous consent that SB 121 be Allmediately transmitted to the House, and the consent was granted.
Senator Pilcher of the 19th asked unanimous consent that HB 140 be set as a special and continuing order of business for today, and the consent was granted.
Senator Pilcher of the 19th asked unanimous consent that the Senate remain in session until 1 :40 today and then stand adjourned until tomorrow.
The consent was granted.

528

JOURNAL OF THE SENATE,

HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, Ray of Warren, McCracken of Jefferson, Cook of Jenkins, McGarity of Henry; and many others:
A bill to provide a minimum foundation for education in Georgia; and for other purposes.

The Committee on Education and Public Schools offered the following substitute:

A BILL TO BE ENTITLED
An act to establish a minimum foundation program of education in Georgia so as to equalize educational opportunities throughout the state; to provide a minimum foundation program fund for the support of public education including the University System of Georgia in in Georgia; to fix a minimum public school term; to define "local units of administration"; to define the duties of the State Board of Education the State Superintendent of Schools, and superintendents and boards of education of local units of administration; to prescribe the method to be used by the State Board of Education. in distributing minimum foundation program funds to local units of administration; to provide a schedule of minimum annual salaries for teachers; to permit local units of administration to supplement salaries of teachers; to establish a method for determining the financial needs of local units of administration to support the minimum foundation program as defined in terms of salaries for teachers and other school personnel, current expenses, capital outlay, and transportation costs; to provide a method for allotting teaching, administrative, supervisory, library and other instructional units; to permit the State Board of Education to make salary allowances for personnel employed by local units for more than ten months; to permit programs of education for adults, pre-school children, and exceptional children at state and/or local expense; to provide a formula for distributing state aid for pupil transportation; to provide a method for determining amounts to be allotted to local units for current expenses other than instructional salaries, transportation costs, and capital outlay; to provide a method for distributing state funds to be used by local units for capital outlay; to establish a method for determining the ability of local units of administration to support the minimum foundation program in terms of an economic index of financial ability; to require each local unit of administration to exert an equitable effort to meet these needs before being entitled to share in state funds for public school purposes; to provide a method for using state funds to supplement the amounts raised by local units in support of the minimum foundation program; to require the State Board of Education to submit to each local unit of administration certain data needed by those units to prepare their respective budgets; to require local units of administration to pre~ pare annual budgets for submittal to the State Board of Education; to provide for the acceptance and distribution of vocational education funds and such other funds as may be made available to the State Board of Education; to provide for a method of determining the annual state funds needed to provide the public schools of the state with free textbooks, teaching materials and aids, and school library books and materials; to provide for a method of determining the annual state funds needed to provide the public libraries of the state with library books and materials; to require the State Board of Education to annually deter-

TUESDAY, FEBRUARY 15, 1949

529

mine the funds needed to provide for a program of vocational education for out-of-school youth, adults, teacher-training, and area schools and to provide for the distribution of such funds; to require the State Board of Education to annually determine the funds needed to provide for a program of vocational rehabilitation and to provide for the expenditure of such funds; to require the State Board of Education to annually determine the funds needed for state trade schools and to provide for the distribution of such funds; to require the State Board of Education to annually determine the funds needed for the state schools for the deaf and blind and such other special schools as may be established by the State Board of Education and to provide for the distribution of such funds; to provide scholarships for eligible young men and women in the state who desire training for the teaching profession; to provide for the selection and appointment of the recipients of such scholarships, to prescribe the powers, duties and authority by the State Board of Education, the State Department of Education, boards of education of county and independent school systems, and teacher-training institutions as related to the administration of said scholarships, to require certain reports from the boards of education of said county and independent school systems, and of certified teacher-training institutions relative to rules and regulations governing the granting and administration of scholarships, and to provide the method of financing such scholarships; to provide for the determination by the Board of Regents of the funds needed to support the University System of Georgia; to provide the time and conditions under which this act is to become operative; to provide for the repeal of the acts entitled "An act to equalize educational opportunities throughout the state; to provide for the operation of the public schools of the state ... ," approved February 10, 1937, which is published on pages 882 through 892 of the 1937 Georgia Laws; and to provide for the repeal of the act entitled "An act to authorize the General Assembly to make an extra appropriation to the common school fund for the purpose of equalizing educational opportunities to the children of the several counties of the state, and for other purposes," approved March 13, 1926, which is published on pages 39 and 40 of the 1926 Georgia Laws, to repeal section 32-913 of the Code of Georgia, 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. It is hereby declared to be the public policy of the State of Georgia that educational opportunities for all citizens of this state shall be equalized throughout the state so as to establish, so far as possible, a minimum foundation program of education in Georgia.
SECTION 2. There is hereby established a state minimum founda~ tion program fund for the public schools, including the University System, of this state, to be known as the "minimum foundation program fund." Appropriations in support of this program and such appropriations as have been made, or may hereafter be made, by the General Assembly for public education purposes shall be made available by (1) the State Board of Education in accordance with a plan described in sections 3 through 29 of this act and (2) by the State Board of Regents in accordance with section 30 of this act. Sections 3 through 29 of this act are specially applicable to the public schools of less than college grade and section 30 to the University System of Georgia.

530

JOURNAL OF THE SENATE,

SECTION 3. From and after July 1, 1949, the public schools of this state, including the public high schools, shall be operated for a period of not less than nine school months during each school year. Twenty school days shall constitute a school month. The school year shall begin on the first day of July and end on the thirtieth day of June of each year.
SECTION 4. For the purposes of this act, the several counties of this state and the various independent school systems established by law shall be the local units of administration. The superintendents and the boards of education of these respective local units shall execute the provisions of this act under such rules and regulations as may be adopted by the State Board of Education. In the local units of administration, the several teachers, principals and other school employees shall be elected by the boards of education on the recommendation of the respective superintendents. Contracts for teachers, principals and other professional personnel shall be in writing, signed in duplicate by the teacher in his own behalf, and by the superintendent of schools on behalf of the board.
SECTION 5. The State Board of Education shall provide, by regulation, for certifying and classifying the teachers in the public schools of this state. No teacher, principal, supervisor, or superintendent other than county school superintendents, shall be employed in the public schools unless such person shall hold a certificate from the State Board of Education, certifying to his or her qualifications as such teacher, principal, supervisor, or superintendent, pursuant to the rules and regulations of the State Board of Education. The State Board of Education shall provide, by regulation, for the classification of all the teachers in the public schools of this state upon the basis of academic, technical and professional training and experience, and the certificate issued to each such teacher by the State Board of Education, or pursuant to its authority, shall indicate the classification of such teacher.
SECTION 6. The State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the teachers of the various classes prescribed by the State Board of Education, which salary schedule shall be uniform for each of the classes fixed by the State Board of Education with no differentiation being made because of subjects or grades taught. A local unit of administration may not pay to any teacher in its employment a salary less than the minimum salary prescribed by the State Board of Education for the class to which such teacher belongs. A local unit may supplement the salaries of any of its teachers, and in fixing the amount thereof may take into account the nature of the duties to be performed, the responsibility of the position, the experience and the individual worth of the teacher.
SECTION 7. The amount of funds needed by a local unit to pay teachers' salaries in support of the foundation program shall be determined on a ten months' basis in accordance with the state salary schedule provided for in section 6 of this act. In each local unit, the number of teachers whose salaries are to be considered in calculating foundation program needs shall be determined on the basis of the number of pupils who were in average daily attendance during the preceding school year per square mile of territory served by the unit.
Teacher-pupil ratios shall be determined separately for whites and negroes, and shall, subject to such variations as in the discretion of the State Board of Education may be necessary, be in accordance with the following scale:

TUESDAY, FEBRUARY 15, 1949

531

DENSITY SCALE FOR DETERMINING TEACHER-PUPIL RATIOS BY DENSITY PER SQUARE MILE IN AVERAGE DAILY ATTENDANCE FOR WHITES AND NEGROES

Density Per Square Mile

Teacher-Pupil Ratios

Class I

Elementary Above 12.51 and all independent systems ------------------ 30

High School 25

Class II

- 10.51 12.50_______________________________ 29

24

Class III

- 8.51 10.50------------------------------- 28

23

Class IV

- 6.51

8.50________________________________ 27

22

Class V

- 4.51

6.50 ________________________

26

21

Class VI

2.51 - 4.50-------------------------------- 24

19

Class VII

- 1.00 2.50________________________________ 22

17

Class VIII Below 1 ----------------------------------------

20

15

The State Board of Education shall have authority to make salary
allowances for the employment for two additional months of at least 15 per cent of the teaching personnel allotted to a local unit for ten months of the school year, provided: (1) that the local unit employing such personnel submits a program covering the additinal month or months which meets the approval of the State Board of Education, and (2) that teachers who work more than ten months in one school year shall be paid for the additional time at the same rate received during the first ten months, provided if a local unit submits a plan in which it is proposed to employ less than 15 per cent of the personnel the State Board of Education may approve the plan.

Teachers may be allotted local units to provide programs of education for adults, pre-school children, and exceptional children at state and/or local expense when such programs have been approved by the State Board of Education.

SECTION 8. The State Board of Education shall have power to determine the amount of funds needed under the foundation program by a local unit to pay the salaries of the visiting teachers, instructing supervisors, the county librarian, and supplements to principals.

SECTION 9. The amount of funds needed by a county school system to defray the expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a formula which may take into account the number of transported pupils in average daily attendance as well as the density of transported pupils per square mile in the county. In determining the density of transported pupils within a county the area not served by public school busses shall be deducted from the total area of the unit and the state board shall have authority to determine areas to be served and not to be served. Counties shall be classified according to the density of transported pupils as follows:

532

JOURNAL OF THE SENATE,

Density of pupils per square mile in average daily attendance transported
0 to .99 1.0 to 1.99 2.0 to 2.99 3.0 to 3.99 4.0 to 4.99 5.0 to 5.99 6.0 to 6.99 7.0 to 7.99 8.0 and over
Density classifications shall be determined separately for white and negro transported pupils and the median cost of transportation per pupil in each of these groups shall be determined on the basis of costs during the preceding school year. The amount of funds needed by each unit to support the foundation program shall be determined by multiplying the number of transported pupils in average daily attendance in that county unit by the median cost of transportation per pupil in the particular density groups to which that unit belongs. Funds granted to a local unit of administration for transportation shall be spent only for transportation purposes.
SECTION 10. The amount of funds needed by a local unit to take care of current expenses not provided for in sections 7, 8, and 9 of this act shall be determined by multiplying the number of teachers allowed that unit under the provisions of section 7 by a sum of money to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than $300.00 per teacher allotted, provided adequate funds are appropriated by law. The State Board of Education shall define current expenses and shall have authority to establish minimum standards to be met by local units of administration in expending funds for current expenses.
SECTION 11. The amount of funds needed by a local unit to provide for capital outlay shall be determined by multiplying the number of teachers allotted the unit under the provisions of section 7 by a sum of money to be determined by the State Board of Education. This sum shall be determined annually and shall not be less than $200.00 per allotted teacher, provided adequate funds are appropriated by law. The State Board of Education may, in its discretion, provide additional funds to local units which have exceptional needs for capital outlay from any funds available for the purpose. In determining these additional capital outlay needs the State Board of Education shall take into consideration the total capital outlay needs of the local unit of administration and the ability of the local unit to meet these needs as measured by the bonding ability of the local unit. It shall be the duty of the State Board of Education to establish minimum standards to be met by local units in order to qualify for participation in capital outlay funds and the State Board also shall provide advisory and supervisory services to the local units regarding the expenditure of such funds. Whether any given item constitutes "capital outlay" as provided for in this act shall be left to the discretion of the State Board of Education. The State Board of Education shall have authority to survey the needs of local units for capital outlay expenditures.
SECTION 12. The total foundation program financial needs of a local unit shall be the sum arrived at by adding the amount needed for

TUESDAY, FEBRUARY 15, 1949

533

payment of teachers' salaries as provided for in section 7 of this act, the amount needed for payment of salaries of school personnel other than teachers as provided for in section 8, the amount needed for transportation as provided for in section 9, the amount needed for current expenses as provided for in section 10, and the amount needed for capital outlay as provided for in section 11. This sum shall be known as the total calculated cost of a local unit to support the minimum foundation program of education in Georgia.
SECTION 13. The State Board of Education shall calculate annually the financial ability of each local unit of administration to support the minimum foundation program. The financial ability of each local unit of administration shall be calculated as follows:
(a) Calculate an economic index for each county in the state as follows:
(1) Calculate for each county its per cent of the state total for each of the following items: property tax digest less homestead exemptions, public utilities tax digest, average effective buying power for five years, average retail sales for five years, motor tag taxes paid, and state income taxes paid.
(2) Giving per cent of the total property tax digest less homestead exemptions, a weight of six; per cent of the total public utilities tax digest, a weight of two; per cent of the average effective buying power for five years, a weight of six; per cent of average retail sales for five years, a weight of two; per cent of motor tag taxes paid, a weight of two; and per cent of state income taxes paid, a weight of one; calculate an economic index of the financial ability of each county expressed in per cent of the state total. Data for property tax digest less homestead exemptions, public utilities tax digest, motor tag taxes paid, and state income taxes paid shall be furnished by the State Department of Revenue, and data for average effective buying power for five years and average retail sales for five years shall be taken from the annual survey of buying power conducted by Sales Management. The State Board of Education shall use the most recent data available at the time the index is calculated. The State Board of Education may, in its discretion vary the number and weights to be assigned to the several factors used in computing the economic index when research proves that a better index can be obtained by changing the weight and/or factors.
(b) Calculate the return of a seven mill tax levy on the state school tax digest. The state school tax digest shall be composed of the actual tax digests upon which the several county and independent school systems and municipalities levy taxes for the local support of education.
(c) Multiply the economic index for each county in the state as derived in accordance with section 13 (a) of this act by the return of a seven mill tax levy of the state school tax digest as determined in accordance with section 13 (b) of this act. The sum obtained by this multiplication shall constitute the

534

JOURNAL OF THE SENATE,

local financial ability of a county to support the foundation program financial needs of the county. In those counties of the state which have independent school systems within the boundaries of the county, the local financial ability of the several local units of administration within a county shall be determined by multiplying the per cent that the school tax digest of the local unit of administration is of the total school tax digest of all local units of administration in the county by the total local financial ability of the county to support the foundation program financial needs of the county. In determining the local financial ability of the counties of Fulton and DeKalb the economic index for the two counties shall be combined so long as the boundaries of the independent school system of Atlanta falls in both Fulton and DeKalb Counties.
SECTION 14. The amount of state-contributed foundation program funds which shall be allotted to each local unit by the State Board of Education shall be the difference between the total calculated cost as determined in section 12 of this act less the local ability of the unit to raise funds as determined in section 13.
SECTION 15. The board of education of any local unit of administration, as defined in this act, may operate the schools of such county or special school district for a longer period than nine months during any school year, or may, in its discretion, supplement the state schedule of salaries, and employ additional teachers not provided for in this act. It is further provided, however, that teachers in such schools shall receive not less than the minimum monthly salary prescribed by the State Board of Education on the state schedule not only during the regular school year but also during any period by which the school term may be extended, unless the State Board of Education, in its discretion, shall otherwise direct.
SECTION 16. The State Board of Education shall send to each local unit of administration on or before the beginning of that unit's school year, or as soon thereafter as may be practicable, the following information:
(a) The state minimum schedules of salaries for teachers, and other professional personnel.
(b) The number of teachers in that unit whose salaries are to be considered in calculating foundation program salary needs.
(c) The amount of funds which the State Board of Education considers will be needed by the local unit to pay salaries and travel expenses of personnel referred to in section 8.
(d) The cost of pupil transportation, as calculated in section 9.
(e) The local unit's needs for current expenses, as calculated in section 10.
(f) The local unit's current capital outlay needs as calculated in section 11.
(g) The amount of local effort which will be required of the unit, as set forth in section 13.

TUESDAY, FEBRUARY 15, 1949

535

SECTION 17. Within 30 days from the receipt of the information referred to in section 16, or within such other period as may be prescribed by the State Board of Education, the board of education of each local unit as herein defined shall file with the State Superintendent of Schools, a budget in duplicate, containing such information as may be required by the State Board of Education, and showing proposed expenditures for the ensuing school year, the purposes for which it is proposed such expenditures shall be made, and the sources from which such funds will be derived. When the proposed budget of any local unit of administration has been approved by the State Board of Education, or by the State Superintendent of Schools, in the event that the State Board of Education may delegate such authority to him, the same shall become operative and shall be followed in all expenditures made by such local unit of administration during the school year.
SECTION 18. All budgets submitted in accordance with the foregoing section shall be passed upon by the State Board of Education, or the State Superintendent of Schools when authorized by the State Board to do so, within 30 days after they are received. If any item or items in the proposed budget shall be disapproved, the board of education of the local unit shall be entitled to notice thereof and a hearing thereon. If the budget submitted shall comply with the provisions of this act, and of the laws of this state, and shall require the disbursement of no more than the equitable proportion of state funds to which such local unit may be entitled and all available local funds, the same shall be approved by the State Board of Education, and shall become the operating budget for the public schools of the local unit for the ensuing school year. One copy of the approved budget of each local unit shall be filed with the State Superintendent of Schools, and one shall be filed with the board of education of the local unit. State funds to meet the operating expenses provided for by such school budgets shall be withdrawn from the State Treasury on executive warrants based on requisitions signed by the State Superintendent of Schools, and shall be disbursed to the various local units by the State Treasurer upon the order of the State Superintendent of Schools. Transfers of funds within their budgets may be made by local boards providing such transfers do not conflict with the provisions of this act.
SECTION 19. Nothing in this act shall affect the distribution of federal funds allotted to Georgia under the Smith-Hughes Vocational Act, or other acts of Congress appropriating federal funds for vocational education purposes, or the distribution of state funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board of Education to the various local units for use in maintaining vocational classes or departments subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the state plan of vocational education; nor shall any provision of this act prevent the State Board of Education from accepting and administering other funds which may be made available to it, or for the use of the schools of the state for educational purposes, subject to such limitation as may be imposed in the grant or appropriation of the same.
SECTION 20. The State Board of Education shall annually determine the funds needed to provide the public schools of the state with free textbooks, teaching materials and aids, and school library books and materials by multiplying the total number of persons enrolled in the

536

JOURNAL OF THE SENATE,

public schools of the state by a sum to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than three dollars per person enrolled in the public schools of the state, provided adequate funds are appropriated by law.

SECTION 21. The State Board of Education shall annually determine the funds needed to provide the public libraries of the state with library materials and books by multiplying the total population of the state by a sum to be determined by the State Board of Education. This sum shall be determined annually and shall be not less than sixteen cents per person, provided adequate funds are appropriated by law.

SECTION 22. The State Board of Education shall annually determine the funds needed to provide for a program of vocational education for out-of-school youths, adults, teacher training, and area schools. Such funds shall be made available for such programs of education in accordance with rules and regulations established by the State Board of Education.

SECTION 23. The State Board of Education shall annually determine the funds needed to provide for a program of vocational rehabilitation. Such funds shall be made available for the rehabilitation of handicapped persons in accordance with rules and regulations established by the State Board of Education.
SECTION 24. The State Board of Education shall annually determine the funds needed for state trade schools established by the State Board of Education. Such funds shall be made available for the operation of such schools under rules and regulations provided by the State Board of Education.
SECTION 25. The State Board of Education shall annually determine the funds needed for the state schools for the deaf and blind and for such other special schools for exceptional persons established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations provided by the State Board of Education.
SECTION 26. The State Board of Education shall have authority to set up a contingent fund for the special purpose of relieving hardships which may be caused by the operation of the act and to take care of any unusual or unforeseen circumstances.
SECTION 27. The State Board of Education shall administer this act, with the exception of section 30, and enforce its provisions. The State Superintendent of Schools shall be the executive and administrative secretary of the State Board of Education for that purpose. In administering this act, the State Board of Education shall employ upon the recommendation of the State Superintendent of Schools such supervisors or other employees as may be necessary, and shall fix their compensation.
SECTION 28. In the event that a local unit of administration should fail to comply with one or more of the provisions of this act, the State Board of Education, in its discretion, may withhold from that unit all, or any part, of the state foundation prgram funds provided for in this act until such time as full compliance is made by that unit.

TUESDAY, FEBRUARY 15, 1949

537

SECTION 29. The Board of Regents of the University System of Georgia shall biennially determine the funds needed for the operation, maintenance and improvement of the units of the University System of Georgia to be filed with the director of budgets and to be transmitted to the General Assembly as a request for appropriations for the biennium.
In computing the amount of the funds needed for the operation, maintenance and improvement of a university system the following guides shall be followed:
(1) The amount of funds needed for instruction, maintenance and operation shall be determined by multiplying the total estimated number of students to be annually enrolled by a figure to be determined by the Board of Regents which in their opinion will provide adequate funds for these purposes.
(2) One million dollars annually shall be included for the support of research and extension work.
(3) Two million dollars annually shall be included for the construction of buildings and for the purchase of equipment.
(4) The Board of Regents shall allocate to the several units of the University System all funds appropriated according to the needs of each institution to be determined under rules and regulations promulgated by the Board of Regents.
SECTION 30. The act entitled "An act to equalize educational opportunities throughout the state; to provide for the operation of the public schools of the state; to fix a minimum public school term; to provide for the selection of teachers and administrative officials; to prescribe methods of allotting, distributing, and disbursing the common school funds; to define the duties of the State Board of Education and the State Superintendent of Schools; to provide for local units of administration in the operation of the common schools and for the submission of budgets by such local units of administration"; etc., approved February 10, 1937, which is published on pages 882 through 892 of the 1937 Georgia Laws, is hereby repealed.
The act entitled "An act to authorize the General Assembly to make an extra appropriation to the common school fund for the purpose of equalizing educational opportunities to the children of the several counties of the state, and for other purposes," approved March 13, 1926, which is published on pages 39 and 40 of the 1926 Georgia Laws, is hereby repealed.
SECTION 31. This act shall become effective when sufficient funds have been realized from taxes as referred to in section 55 of HB 116 (General Appropriations Act of 1949). The State Board of Ed,ucation is required to formally order this act into effect as soon as sufficient revenue is available as set forth above, provided, however that the operation of this act shall not cause a reduction in total funds distributed to any local unit under present law. The Budget Bureau shall authorize the amount of additional funds available within the appropriations authorized by the General Assembly.
SECTION 32. The section of the Code of Georgia repealed by the act entitled "An act to equalize educational opportunities throughout the state"; etc., approved February 10, 1937, and published on pages 882

538

JOURNAL OF THE SENATE,

through 892 of the acts of 1937 does not reinstate the section of the Code of Georgia repealed by said act and it is hereby specifically declared that said code section should remain repealed as provided in said act of 1937.
SECTION 33. That 32-913 of the Code of Georgia be and the same is hereby repealed. Said section reads as follows:
"32-913. Employment of Teachers.-"County boards of education are empowered to employ teachers to serve in the schools under their jurisdiction and the contracts for said service shall be in writing and signed in duplicate by the teacher on his own behalf and by the county school superintendent on behalf of the board."
SECTION 34. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The hour of adjournment having arrived, the President announced the Senate adjourned until 10 o'clock tomorrow morning, and HB 140 was carried over as unfinished business.

WEDNESDAY, FEBRUARY 16, 1949

539

Senate Chamber, Atlanta, Georgia. Wednesday, February 16, 1949.

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.
Senator Smith of the 37th asked unanimous consent that the call of the roll be dispensed with.
Senator Tarver of the 46th 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 Pilcher of the 19th 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 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 President shall call bills and resolutions for passage in the order that he sees fit.
The consent was granted.
Senator Pilcher of the 19th asked unanimous consent that all Senate bills and resolutions passed today be immediately transmitted to the House.
The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bills and resolutions of the House to wit: HB 56. By Mr. Raulerson of Pierce:
A bill to provide for the illegal killing of deer and to amend section 58-207 of the Georgia Code; to repeal conflicting laws; and for other purposes.
HB 155. By Messrs. Smith of Emanuel, Reed of Cobb, McMillan of Washin&-ton and others:

540

JOURNAL OF THE SENATE,

A bill to protect public health by providing premarital examinations for syphilis; and for other purposes.

HB 231. By Messrs. Langdale of Lowndes, Buie of Camden, Wetherington of Echols and others:
A bill to provide a temporary hunting permit in the State of Georgia for non-resident, to fix the amount of license fee to be charged for the same; and for other purposes.

HB 232. By Messrs. Langdale of Lowndes, Buie of Camden, Wetherington of Echols, and others:
A bill to amend an act so as to fix the license fee for non-resident and count non-resident persons hunting within this state; to repeal conflicting laws; and for other purposes.

HB 233. By Messrs. Langdale of Lowndes, Buie of Camden, Gillis of Treutlen, and others:
A bill to amend an act relevant to the issuance and procurement of permits to non-residents of Georgia to fish in the streams of this state; and for other purposes.

HB 241. By Messrs. Gross of Stephens, Adams of Evans and others:
A bill to amend section 13-2023 of the Code of Georgia of 1932 relating to the purchase by a bank of stocks and the buying and selling of investment securities; and for other purposes.

HB 311. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others:
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers; and providing for the allowance of attorneys' fees in actions against such insurers; and for other purposes.
HB 312. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others:
A bill to expressly repeal sections 56-233, 56-319, 56-321, 56-408 and 56-409 of the Code of 1933, relating to insurance, insurance companies and the agents thereof; and for other purposes.
HB 315. By Messrs. Chastain of Thomas, Lewis of Hancock and others:
A bill to repeal sections 26-2209, 26-2201, relating to the crime of arson and the punishment therefor; and for other purposes.
HB 316. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others:
A bill to fix one annual license fee of $300 for each insurance company and all of its agents doing business in Georgia, in lieu of all other license fees payable to the state; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

541

HB 317. By Messrs. Chastain of Thomas, Lewis of Hancock and McCracken of Jefferson:
A bill to adopt the Uniform Insurers Liquidation Act, which relates to the receivership, liquidation; and for other purposes.

HB 318. By Messrs. Kennedy of Tattnall, Buie of Camden, Edenfield of Mcintosh, and others:
A bill to prohibit "fire hunting" deer in this state; to prohibit the use of any headlight, flashlight, or spotlight in hunting or killing deer; to provide the penalty therefor; and for other purposes.

HB 328. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to provide for the appointment of a qualified attorney to represent the ordinary in lunacy cases, to provide compensation for such attorney; and for other purposes.

HB 580. By Mr. Griggs of Habersham:
A bill to amend an act to create and establish the City Court of Habersham County; and for other purposes.

HB 592. By Messrs. Lewis of Hancock and Gross of Stephens:
A bill providing the State Librarian and the Library Department be covered by the state merit system of personnel administration; and for other purposes.

HB 616. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend an act approved March 6, 1945, increasing the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.

HB 649. By Mr. Todd of Glascock:
A bill to amend an act entitled "An act to create a Board of Commission~ ers of Roads and Revenues for the County of Glascock; and for other purposes.

HB 650. By Mr. Miller of Miller:
A bill to amend section 1, of the acts of the General Assembly of Georgia, entitled, "An act to amend an act approved August 22, 1905, creating a Board of Commissioners of Roads and Revenue of the County of Miller, to provide for their election; and for other purposes", so as to provide for two commissioners, method of election ; and for other purposes.
HB 652. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill to provide a pension and/or retirement plan and fund for county employees and/or officers, of Bibb County; and for other purposes.

542

JOURNAL OF THE SENATE,

HB 653. By Mr. Summerour of Dawson:
A bill to fix the compensation for the tax commissioner of Dawson County; and for other purposes.

HB 654. By Mr. Summerour of Dawson:
A bill to create a county board of education for Dawson County; and for other purposes.

HB 657. By Mr. Dunn of Seminole:
A bill to amend an act approved August 20, 1906, which act created a new charter for the Town of Donaldsonville, so as to increase the corporate limits of the City of Donalsonville; and for other purposes.

HB 658. By Mr. Dunn of Seminole: A bill to abolish the offices of tax receiver and tax collector of Seminole County, and to create in lieu thereof, the office of tax commissioner; and for other purposes.
HB 660. By Messrs. Bargeron and Cates of Burke: A bill to amend the charter of the Town of Sardis; and for other purposes.

HB 662. By Mr. McLaughlin of Wayne: A bill to amend the charter of the City of Odum; and for other purposes.
HB 664. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend the charter of the City of East Point; and for other purposes.

HB 665. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of East Point; and for other purposes.

HB 667. By Messrs. Alverson, Smith and Walton of Fulton:
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.
HB 670. By Messrs. Pittman of Tift, Sumner and Johnston of Worth, Harden of Turner, and others:
A bill to provide the portion each county of the Tifton Judicial Circuit shall pay the solicitor general of said circuit; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

543

The House has adopted the following resolutions of the House to wit:
HR 100. By Messrs. Boone of Wilkinson, Cook of Chattooga, Greene of Crisp; and others:
A resolution memoralizing the Georgia delegation in Congress to see the passage of proper legislation honoring and commemorating the Honorable Thomas E. Watson by having his name inscribed upon certain U.S. postage stamps.

HR 101. By Messrs. Byrd of Taylor and Dodd of Bulloch:
A resolution to commend to the favor of the next national convention of the American Legion the name of Erle Cocke, Jr., as its next national commander.

The following bills and/or resolutions of the Senate and House were introduced, read the first time and referred to the committee:
SB 134. By Senator Massey of the 44th:
A bill to increase the salary of the tax commissioner of Dade County; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 135. By Senator Zellner of the 22nd:
A bill to fix the salary of the Commissioners of Roads and Revenues of Monroe County at $600.00 per annum each; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 56. By Mr. Raulerson of Pierce:
A bill to be entitled an act to provide for the illegal killing of deer and to amend section 58-207 of the Code of Georgia; and for other purposes.
Referred to Committee on Game and Fish.

HB 155. By Messrs. Smith of Emanuel, Reed of Cobb, McMillan of Washington and others:
A bill to protect public health by providing premarital examinations for syphilis; and for other purposes.
Referred to the Committee on Public Health.
HB 231. By Messrs. Langdale of Lowndes, Buie of Camden, Wetherington of Echols and others :
A bill to provide a temporary hunting permit in the State of Georgia for non-residents, to fix the amount of license fee to be charged; and for other purposes.
Referred to Committee on Game and Fish.

544

JOURNAL OF THE SENATE,

HB 232. By Messrs. Langdale of Lowndes, Buie of Camden, Wetherington of Echols and others:
A bill to amend an act so as to fix the license fee for non-resident and county non-resident persons hunting within this state; and for other purposes.
Referred to Committee on Game and Fish.

HB 233. By Messrs. Langdale of Lowndes, Buie of Camden, Gillis of Treutlen, and others:
A bill to amend an act relevant to the issuance and procurement of permits to non-residents of Georgia to fish in the streams of this state; and for other purposes.
Referred to Committee on Game and Fish.
HB 241. By Messrs. Gross of Stephens, Adams of Evans and others:
A bill to amend section 13-2023 of the Code of Georgia of 1932 relating to the purchase by a bank of stocks and the buying and selling of investment securities; and for other purposes.
Referred to Committee on Banks and Banking.
HB 311. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb and McCracken of Jefferson:
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers; and for other purposes.
Referred to Committee on Insurance.
HB 312. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb and others:
A bill to expressly repeal sections 56-233, 56-319, 56-321, 56-408 and 56-409 of the Code of 1933 relating to insurance, insurance companies; and for other purposes. Referred to Committee on Insurance.
HB 315. By Messrs. Chastain of Thomas, Lewis of Hancock and others:
A bill to repeal sections 26-2209, 26-2201 and relating to the crime of arson and the punishment therefor; and for other purposes.
Referred to Committee on Insurance.
HB 316. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb and others:
A bill to fix one annual license fee of $800 for each insurance company and all of its agents doing business in Georgia; and for other purposes.
Referred to Committee on Insurance.

WEDNESDAY, FEBRUARY 16, 1949

545

HB 317. By Messrs. Chastain of Thomas, Lewis of Hancock and McCracken of Jefferson:
A bill to adopt the Uniform Insurers Liquidation Act, which relates to the receivership, liquidation; and for other purposes.
Referred to Committee on Insurance.

HB 318. By Messrs. Kennedy of Tattnall, Buie of Camden, Edenfield of Mcintosh and others:
A bill to prohibit "tire hunting" deer in this state; and for other purposes.
Referred to Committee on Game and Fish.

HB 328. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to provide for the appointment of a qualified attorney to represent the ordinary in lunacy cases, to provide compensation for such attorney; and for other purposes.
Referred to Committee on Special Judiciary.

HB 580. By Mr. Griggs of Habersham:
A bill to amend an act to create and establish the City Court of Habersham County; and for other purposes.
Referred to Committee on Municipal Government.

HB 592. By Messrs. Lewis of Hancock and Gross of Stephens:
A bill providing the State Librarian and the Library Department be covered by the state merit system of personnel administration; and for other purposes.
Referred to Committee on State of Republic.

HB 616. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to amend an act approved March 6, 1945, increasing the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 649. By Mr. Todd of Glascock:
A bill to amend an act entitled "An act to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes.
Referred to Committee on Counties and County Matters.

546

JOURNAL OF THE SENATE,

HB 650. By Mr. Miller of Miller:
A bill to amend section 1, of the acts of the General Assembly of Georgia, entitled, "An act to amend an act approved August 22, 1905, creating a Board of Commissioners of Roads and Revenue of Miller County"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 652. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill providing a pension and/or retirement plan and fund for county employees of Bibb County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 653. By Mr. Summerour of Dawson: A bill fixing the compensation for the tax commissioner of Dawson County; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 654. By Mr. Summerour of Dawson: A bill creating a county board of education for Dawson County and for other purposes.
Referred to Committee on Education and Public Schools.
HB 657. By Mr. Dunn of Seminole: A bill to amend an act approved August 20, 1906, which act created a new charter for the Town of Donalsonville, so as to increase the corporate limits of the City of Donalsonville; and for other purposes.
Referred to Committee on Municipal Government.
HB 658. By Mr. Dunn of Seminole: A bill to abolish the offices of tax receiver and tax collector of Seminole County, and to create in lieu thereof, the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 660. By Messrs. :Bargeron and Cates of Burke: A bill to amend the charter of the Town of Sardis; and for other purposes.
Referred to Committee on Municipal Government.
HB 662. By Mr. McLaughlin of Wayne: A bill to amend the charter of the City of Odum; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, FEBRUARY 16, 1949

547

HB 664. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the charter of the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 665. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 667. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB 670. By Messrs. Pittman of Tift, Sumner and Johnson of Worth and others:
A bill to provide the portion each county of the Tifton Judicial Circuit shall pay the solicitor general of said circuit; and for other purposes.
Referred to the Committee on General Judiciary.

The following resolutions of the House were read and adopted:
HR 100. By Messrs. Boone of Wilkinson, Cook of Chattooga, Greene of Crisp and others:
A resolution memoralizing the Georgia delegation in Congress to seek the passage of proper legislation honoring and commemorating the Honorable Thomas E. Watson by having his name inscribed upon certain U. S. postage stamps.

HR 101. A resolution to commend to the favor of the next national convention of the American Legion the name of Erie Cocke, Jr.

Mr. Housley of the 32nd 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 Governor:

SB 105.

Respectfully submitted, Housley of 32nd District, Chairman

548

JOURNAL OF THE SENATE,

Mr. Housley of the 32nd 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 62.
SB 76.
SB 94.
SB 120.
SR 34.
Respectfully submitted,
Housley of 32nd District,
Chairman

Mr. Smith of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President: Your Committee on General Judiciary 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 510. Wo Pass. HB 637. Do Pass. HB 639, Do Pass. HB 599 Do Pass. HB 86. Do Pass as amended. SB 123. Do Pass. HB 470. Do Pass as amended. HB 395. Do Pass. SB 119. Do Pass.
Respectfully submitted, Smith of 37th District, Chairman

WEDNESDAY, FEBRUARY 16, 1949

549

Mr. Williams of the 20th 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 bills of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 459. Do Pass.

HB 460. Do Pass. HB 526. Do Pass.

Respectfully submitted, Williams of 20th District,

Chairman

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish 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 108. Do Pass. SB 107. Do Pass. SB 112. Do Pass.
Respectfully submitted, Stark of 35th District, Chairman

Mr. Gholston of the 30th District, chairman of the Committee on University System of Georgia, submitted the following report:

Mr. President:
Your Committee on University System of Georgia bas bad 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 562. Do Pass.

Respectfully submitted, Gholston of 30th District, Chairman

550

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 440. Do Pass.

HB 515. Do Pass. HB 430. Do Pass.

HB 495. Do Pass.

HB 575. Do Pass.

HB 487. Do Pass. HB 516. Do Pass.

iiB 517. Do Pass.

Respectfully submitted,

Higginbotham of 31st District,

Chairman

Mr. Overby of the 33rd 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 resolutions of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommen dations:
SB 103. Do Not Pass.

HR 40-208B. Do Pass.

SB 114. Do Pass.

HB 447. Do Pass.

HB 446. Do Pass.

HB 40. Do Pass.

HB 172. Do Pass. HB 396. Do Pass.

Respectfully submitted,

Overby of 33rd District,

Chairman

WEDNESDAY, FEBRUARY 16, 1949

551

Mr. Ayers of the 13th 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 631. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 99. By Senator LeCraw of the 52nd:
A bill to prohibit the circulation, sale or distribution within the State of Georgia of any newspaper, magazine, periodical or any publication whatsoever in which appears any advertisement concerning spirituous liquors or distilled spirits; and for other purposes.

SB 107. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act approved August 8, 1924, entitled "An act to revise the game and fish laws of the State of Georgia, to create a State Board of Game and Fish and a tidewater commissioner; to repeal con:fticting laws; to provide for compensation of the commissioner and members of the board; to provide for county game and fish wardens and tidewater patrolmen and inspectors; and for other purposes.

SB 108. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an amendment to section 17 of the act approved August 8, 1924, relating to game and fish and creating a state board, a state commissioner, a tidewater commissioner, wardens, etc., and striking section 37 of Ga. Laws 1937 in its entirety and inserting in lieu thereof another section providing that there shall be a tax on oysters; and for other purposes.

SB 112. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act contained in Georgia Laws 1945, p. 192, approved March 6, 1945, entitled "An act to amend section 45-210 of the Code of 1933 relating to license fees levied on commercial fishing boats as enacted by an act approved March 24, 1939 (Acts 1939, pp. 185-187) by providing that the license therein provided shall bear the date of January 1, of the year issued and shall expire on December 31 of the year issued; and for other purposes."; so as to increase the licenses on commercial fishing boats; and for other purposes.

552

JOURNAL OF THE SENATE,

SB 114. By Senator Padgett of the 6th:
A bill to provide for the calling and holding of a special election in any municipality in the State of Georgia in the event of a failure, by reason of a tie vote or otherwise, to elect a mayor; and for other purposes.

SB 116. By Senator Ursrey of the 54th:
A bill to repeal the revenue tax act legalizing and controlling alcoholic beverages in this state; and for other purposes.

SB 119. By Senator Purdom of the 46th:
A bill to amend section 56-207 of the Code of 1933, as amended, to provide that capital stock of any insurance company may be divided into shares of any sum from $1.00 to $10.00 each; to provide that any company may reduce the par value of the shares of stock to any sum from $1.00 to $10.00 per share; to make this act applicable to industrial life, health and/or accident insurance companies; and for other purposes.

SB 123. By Senator Purdom of the 46th:
A bill to amend the act providing for the printing and distribution of names and addresses of public accountants; to specify classification of accountants; to provide for introduction of expert evidence by accountants; and for other purposes.

HB 40. By Messrs. Gross of Stephens and Griggs of Habersham:
A bill to provide for the giving of security by owners and operators of motor vehicles; to repeal an act entitled "Motor Vehicle Safety Rllsponsibility"; and for other purposes.

HB 86. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel, Gross of Stephens and Ray of Warren:
A bill to be enacted for the prevention of the destruction of life and property by fire, explosion or related hazards, to create for such purposes office of Ga. safety fire commissioner, to prescribe his duties, to prescribe penalties for violation of this act; and for other purposes.
HB 172. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, Smiley of Liberty, and others.
A bill to amend the motor fuel tax law by adding a new section to provide for refund of tax paid on gasoline when used solely for the propulsion of watercraft; and for other purposes.
HB 395. By Mr. Smith of Haralson:
A bill to provide that in counties having a certain population the clerk of the superior court of such county shall attend the trial in the court of ordinary; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

553

HB 396. By Mr. Leach of Rockdale:
A bill toamend an act to provide for the hours of holding all general, special and primary elections in the State of Georgia; and for other purposes.

HB 430. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to establish a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.

HB 440. By Messrs. Smith, Alverson and Walton of Fulton:
A bill establishing a new charter for the City of East Point; creating a retirement board and a retirement plan for East Point employees; and for other purposes.

HB 446. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Gross of Stephens, and Tuten of Bacon:
A bill for the election and inauguration of the governor and the effect thereof; and for other purposes.

HB 447. By Messrs. Twitty and Hand of Mitchell and others: A bill to further regulate primary elections; to provide for the qualification of candidates for state offices at such primary elections; and for other purposes.
HB 459. By Messrs. Alverson, Smith and Walton of Fulton, and others: A bill to amend the Hospital Authorities Law and to specify the number of trustees for said authorities; and for other purposes.
HB 460. By Messrs. Alverson, Smith and Walton of Fulton, and others: A bill to amend the Revenue Certificates Law of 1937, so as to include hospital authorities within the meaning of the definition of "municipality"; and for other purposes.
HB 470. By Mr. McCracken of Jefferson: A bill to amend an act entitled, "An act to repeal section 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of state, county, city, municipal or school taxes; and for other purposes.
HB 487. By Messrs. Smith, Walton and Alverson of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

554

JOURNAL OF THE SENATE,

HB 495. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park) to establish and change wards and councilmanic representatives; and for other purposes.

HB 510. By Messrs. Mathews of Peach, Baker and Matthews of Clarke:
A bill to provide regulations concerning such funds as are made available by the U. S. Government pursuant to Federal laws and rulings for land-grant colleges and universities; and for other purposes.

HB 515. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

HB 516. By Messrs. Alverson; Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

HB 517. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of East Point, and providing for certain annexations thereof; and for other purposes.

HB 526. By Messrs. Walton of Fulton, Howard of DeKalb, and others:
A bill to provide for the examination of warm air heating contractors in counties having a population of 85,000 or more; and for other purposes.

HB 562. By Messrs. Pannell of Murray, Gross of Stephens, and others:
A bill to create the University System Building Authority; and for other purposes.

HB 575. By Messrs. Walton and Smith of Fulton:
A bill to provide for the annexation of certain lands to the City of East Point; and for other purposes.

HB 599. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act entitled "An act to provide for the appointment of stenographic reporters of city courts in counties with certain population; and for other purposes.

HB 637. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to repeal an act providing for reduction in salary of solicitor general of Macon Judicial Circuit; and for other purposes.

HB 639. By Mr. Hartley of Crawford:
A bill to amend an act which said act abolished the fee system in the Macon Judicial Circuit; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

555

HR 40. By Messrs. Cates of Burke and Gross of Stephens:
A resolution authorizing and directing that a referendum be submitted to the voters of the state on the question of additional financial support for education, rural highways, public health, public welfare services and for aid to counties and the levy of additional taxes to support same; and for other purposes.

HB 631. By Messrs. Covington, Terrell and Moulton of Floyd:
A bill to amend an act to establish the City Court of Floyd County; and for other purposes.

The following local bills of the House were read the third time and put upon their passage :
HB 607. By Messrs. Bell, Cohen and Coleman of Richmond: A bill to provide for the use of voting machines in counties having a population of not less than 85,000 inhabitants and not more than 100,000; 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 609. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to provide a system of fire protection in 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 611. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to authorize any county in this state having a population of not less than 60,000 and not more than 80,000 to pass, through the board of county commissioners of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 612. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to amend the charter of the City of Columbus, relating to voters and registration of voters, etc.; and for other purposes.

556

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 620. By Mr. Pannell of Murray: A bill to amend an act to provide and establish a new charter for the City of Chatsworth; and for other purposes.
The report 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 621. By Mr. Pannell of Murray: A bill abolishing the offices of tax commissioner for Murray County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having rel!eived the requisite constitutional majority, was passed.
HB 622. By Mr. Pannell of Murray: A bill to amend an act creating the commissioner of roads and revenue of Murray County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 623. By Mr. Pannell of Murray: A bill to amend an act to provide and establish a new chartet for the City of Chatsworth; and for other purposes.
The report 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 497. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill providing for a new charter for the City of Decatur, so as to change the time for closing the registration books; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

557

The report 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 498. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill authorizing DeKalb County and the governing authorities thereof to establish and maintain a sewerage system and to levy assessments 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 499. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to create and establish in DeKalb County, district from which the members of the County Board of Education shall be elected; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 500. By Messrs. Hubert, Howard and McWhorter of DeKalb, and others:
A bill to provide for salary of solicitor general of 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 502. By Messrs. Bolton and Harper of Spalding:
A bill to amend the charter of the City of Griffin, by repealing section 62 which prohibits a candidate for commissioner to solicit votes; and for other purposes.
The report 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.

558

JOURNAL OF THE SENATE,

HB 503. By Mr. Smith of Haralson:
A bill to amend an act to create a board of commissioners of roads and revenues in Haralson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 511. By Messrs. Reed and Willingham of Cobb:
A bill to authorize the commissioner of roads and revenues and the advisory board of Cobb County to fix the compensation of the treasurer of Cobb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 514. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend the act establishing a parks and recreation commission in Fulton County by abolishing the terms of office of members of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 518. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide that judges of the superior courts in counties having a population of 300,000 according to the 1940 or any future U. S. Census may, in their discretion, refer to the juvenile courts in such counties for investigation and report, any divorce case, or cases pending in such superior courts; and for other purposes.
The report 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 520. By Messrs. White and Griswell of Gwinnett:
A bill to prescribe the compensation of jurors of the City of Buford; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,
was agreed to.

WEDNESDAY, FEBRUARY 16, 1949

559

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

HB 525. By Mr. Mathis of Lowndes:
A bill to amend an act establishing a public school system for 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 531. By Mr. Pittman of Tift:
A bill to amend an act providing for a new charter for the 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 533. By Messrs. Abney and Campbell of Walker:
A bill to amend an act for the purpose of prescribing election hours in and for the corporate limits of the City of LaFayette; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 537. By Mr. Griggs of Habersham:
A bill to amend an act to incorporate the town of Cornelia in the County of Habersham; and for other purposes.
The report 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 541. By Messrs. Adams and Hurt of Polk:
A bill to amend the charter of the City of Cedartown; to extend the corporate limit!; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

560

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 542. By Mr. Swindle of Berrien:
A bill to amend an act to incorporate the City of Rays Mill, now Ray City, in the County of Berrien; and for other purposes.
The report 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 544. By Messrs. Chastain and Willis of Thomas:
A bill to amend the charter of the City of Thomasville; to extend the present corporate limits; to provide for a referendum to determine whether this act shall go into effect; and for other purposes. The report 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 547. By Mr. Drinkard of Lincoln:
A bill to supplement the fees paid to the ordinary 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 548. By Mr. Mangum of Columbia:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Columbia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 550. By Messrs. Reed and Willingham of Cobb:
A bill creating a new charter for the mayor and council of the Town of Smyrna; by changing the qualification of voters, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 16, 1949

561

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

HB 551. By Mr. Mangum of Columbia:
A bill to increase the salary of certain elected officials and employees in counties having a population of not less than 9,433 nor more than 9,633; and for other purposes.
The report 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 552. By Mr. Witherington of Wilcox:
A bill to amend an act which created a board of commissioners of roads and revenues for Wilcox County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 559. By Mr. Beddingfield of Dooly:
A bill to abolish the office of tax collector and tax receiver in the County of Dooly; and for other purposes.
The report of the committee, which was favorable to the passage of the bilol, 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 .560. By Mr. Beddingfield of Dooly:
A bill to abolish the office of county treasurer of Dooly County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 570. By Messrs. Alexander and Duncan of Carroll:
A bill to repeal an act providing for the time and manner of returning personal property in the City of Carrollton for taxation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

562

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 586. By Mr. Smith of Haralson: A bill to amend an act creating a new charter for the City of Bremen; and for other purposes.
The report 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 587. By Mr. Smith of Haralson: A bill to amend an act creating a new charter for the Town of Bremen; and for other purposes.
The report 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 588. By Messrs. Baker and Mathews of Clarke: A bill to change the civil service commissioners of Athens; their term, number and method of 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 0. The bill, having received the requisite constitutional majority, was passed.
HB 594. By Mr. Miller of Miller: A bill to amend the 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 595. By Mr. Miller of Miller :
A bill to amend an act 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1949

563

HB 596. By Mr. McLaughlin of Wayne:
A bill to amend an act to incorporate and create a new charter for the City of Jesup; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 597. By Mr. McLaughlin of Wayne:
A bill to amend the act creating a new charter for the City of Jesup; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 606. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act to provide for the use of voting machines in counties having a population of not less than 85,000 inhabitants and not more than 100,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 288. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 363. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend an act relating to the powers of the Rome City Commission with reference to the registration and licensing of businesses, callings, vocations and professions; and for other purposes.
The report 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.

564

JOURNAL OF THE SENATE,

HB 364. By Messrs. Covington, Moulton and Terrell of Floyd:
A bill to amend an act creating a new charter and municipal government for the City of Rome; by enlarging the present city boundaries and 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 367. By Messrs. Terrell and Moulton of Floyd:
A bill to amend the charter of the City of Rome so as to give the city commission authority to levy upon the monthly salary of every employee of the City of Rome whose salary is paid by the month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 375. By Messrs. Smith, Alverson and Walton of Fulton: A bill to repeal all laws heretofore passed incorporating the City of Manchester (now the City of College Park), to provide for incorporation of the City of College Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 444. By Messrs. Johnson and Sumner of Worth: A bill to amend an act establishing a city court in the City of Sylvester; to increase the salaries of the judge of the city court and the solicitor of the 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 451. By Mr. Sills of Candler: A bill to amend an act abolishing the fee system and placing the solicitor of the Middle Judicial Circuit on a salary basis; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1949

565

HB 454. By Messrs. Mathis and Langdale of Lowndes:
A bill to amend an act relating to 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 464. By Messrs. Coleman, Bell and Cohen of Richmond:
A bill to amend an act to authorize counties with a certain population to pass zoning and planning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 465. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill approved March 6, 1945, to increase the salaries of the judge, sheriff, deputy sheriffs and clerks of the City Court of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 467. By Mr. Gross of Stephens:
A bill to amend an act creating and establishing the City Court of Stephens; and for other purposes.
The report 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 468. By Mr. Gross of Stephens:
A bill to amend the act creating the office of tax commissioner of Stephens County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

566

JOURNAL OF THE SENATE,

HB 473. 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.
The report 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 480. By Mr. Tribble of Monroe:
A bill to change the salary of the tax commissioner of Monroe County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 481. By Messrs. Mathis and Langdale 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 ; and for other purposes.
The report 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 483. By Mr. Griggs of Habersham:
A bill to amend an act entitled "An act to incorporate the Town of Cornelia"; and for other purposes.
The report 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 496. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating and establishing a new charter and municipal government for the City of Decatur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 16, 1949

567

HB 546. By Mr. Drinkard of Lincoln:
A bill to create a board of commissioners of roads and revenues for the County of Lincoln; and for other purposes.

Senator Clary of the 29th offered the following amendment:
Amend HB 546 by striking from section 19 the figure "1065" and inserting in lieu thereof the figure "27-2506".
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.

HB 300. By Mr. Bennett of Barrow:
A bill to establish the City Court of Barrow County; to provide for the selection of the judge, solicitor and other officers; and for other purposes.
Senator Davis of the 27th offered the following amendment:
Amend HB 300 by adding a new section to said bill, to be appropriately numbered, as follows :
Be it further enacted that a special election shall be called by the Ordinary of Barrow County, Georgia, at some time to be selected by him between the date of the passage of this Act and January 1, 1950, under the same rules and regulations as now provided by law. The voters' list used in such election shall be the registered voters' list used in the last general election preceding the holding of said special election. At such special election, there shall be submitted to the registered and qualified voters of Barrow County qualified to vote at the said last general election, the ratification or rejection of this Act. The ballots shall have written or printed thereon the words, "For the Act creating the City Court of Barrow County," and the words, "Against the Act creating the City Court of Barrow County." Those desiring to vote in favor of the ratification of this Act shall strike out the words "Against the Act creating the City Court of Barrow County," and those desiring to vote against the ratification of this Act shall strike out the words "For the Act creating the City Court of Barrow County." The returns of said election shall be certified to the Ordinary of Barrow County three days after said election, and the ordinary shall canvass said returns and immediately after doing so declare the results of said election. If a majority of those voting at said election vote for creating the City Court of Barrow County, immediately upon the ordinary so declaring such returns this Act shall thereupon be ratified by the voters of Barrow County and shall immediately become effective according to the provisions therein stated. If the voters of Barrow County shall vote against creating the City Court of Barrow County, this Act shall thereupon become null, void and ineffectual. The ordinary in calling said special election may set a date the same as for any other election held in said county for other purposes.

568

JOURNAL OF THE SENATE,

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.

HB 529. By Messrs. Davis of Bartow, Pannell of Murray, Evitt of Catoosa, and others:
A bill to supplement the salary of the judge of the superior courts of the Cherokee Judicial Circuit $2,000.00 per annum; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:
Amend HB 529 to wit: Section 4 of HB 529 is stricken and a new section is substituted therefor to read as follows: This Act shall become effective on the 1st day of April 1949 and should the counties of Catoosa and Dade cease to be a part of the Cherokee Judicial Circuit the $2,000 supplement shall be reduced in the amounts said counties would be paid.
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 majotity, was passed as amended.

HB 445. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act to incorporate the Town of Rest Haven in the County of Gwinnett; to create a charter and municipal government; and for other purposes.
Senator Turner of the 34th offered the following amendment:
Amend HB 445 as follows: Under section 4 in line 19 after the word "Section 6":
Add the word "not" after the word "is". 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.

WEDNESDAY, FEBRUARY 16, 1949

569

HB 194. By Mr. Dunn of Seminole:
A bill to authorize the citizens of Seminole County to fish in Spring Creek from the Miller County line on the north to the point where said creek empties into Flint River on the south without being required to obtain a license 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 211. By Mr. Stevens of Webster:
A bill to create the office of county treasurer for the County of Webster; and for other purposes.
The report 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 214. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill fixing the salaries of the court reporter and bailiff to the superior court judge; and for other purposes.
The report 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 598. By Messrs. Willingham and Reed of Cobb:
A bill to create the Cobb County Planning Commission; and for other purposes.
Senator Florence of the 39th offered the following amendment:
Amend HB 598, section 1, page 2, by striking the words, "the four appointed" in line 27 and substituting therefor the word, "all", and by striking the "period" at the end of said section 1 and inserting in lieu thereof a "comma" and adding thereafter the following: "however, if any member of said commission, who is also an elected official of said county or an employee thereof, receives a salary from said county, he shall not be entitled to compensation for said service,", so that the last sentence of said section 1 as amended shall read as follows: "Said commission shall meet upon call of the chairman whenever there is any business to be transacted by said commission, and all members shall receive the sum of ten dollars for each regular meeting actually attended, however, shall not be paid over $300.00 per annum for said services, said amounts to be paid by the county treasurer out of the general fund, however if any member of said commission, who is also an elected official of said county

570

JOURNAL OF THE SENATE,

or an employee thereof, receives a salary from said county, he shall not be entitled to compensation for said service."
Further amend said bill in section 12 (a) on page 4 thereof by inserting after the word "compensation", the following phrase to be set off by commas: ", subject to the same conditions," so that said sentence of section 12 (a) as amended shall read as follows: "All members of said board of zoning appeals shall draw the same compensation, subject to the same conditions, as provided herein for members of the Planning Commission."
Further amend said bill in section 12 (b), page 4 thereof, by striking all of the language in said section on line 27 thereof preceding the word "aggrieved" in line 28 thereof and inserting in lieu thereof the following: "The original applicant, or any person or persons, severally or jointly, who own lands abutting the highway upon which is situated the parcel or tract of land zoned or re-zoned within a radius of one (1) mile thereof, and within said zone", to section 12 (b) as amended shall read as follows: "Section 12 (b): The original applicant, or any person or persons, severally or jointly, who own lands abutting the highway upon which is situated the parcel or tract of land zoned or re-zoned within a radius of one (1) mile thereof, and within said zone, aggrieved by any decision of the Board of Zoning Appeals or any official charged with the enforcement of any order, requirement or decision of said board may take an appeal to the Superior Court, within thirty (30) days and shall be entitled to a jury trial at the next term thereof as in other cases, which shall also be a de novo proceeding."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House, carried over as unfinished business from yesterday, was taken up for further consideration:
HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to provide a Minimum Foundation for Education in Georgia; and for other purposes.

Senators Pilcher of the 19th, Zellner of the 22nd, Purdom of the 46th, Ayers of the 13th, McCoy of the 4th, Land of the 51st, and Harrison of the 17th offered the following amendment to the committee substitute to HB 140:
Amend HB 140 by adding a new section thereto to be numbered 19a and to read as follows :
Section 19a. It is hereby declared to be the policy of the State of Georgia, (1) to leave teachers of vocational subjects in the public school system of this state under the jurisdiction and control of the local boards of education, (2) to provide for a program of vocational education for out-of-school youth, adults, teacher training and area schools, under the jurisdiction of the State Board of Education, as provided in section 22

WEDNESDAY, FEBRUARY 16, 1949

571

herein, and (3) that Federal funds for vocational education shall be matched and expended in carrying out the state plan of vocational education in keeping with the requirement of Federal laws relating to vocational education which amount shall not be less than Six Hundred Thousand Dollars annually, and (4) the State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for training in trades and skills in accordance with the policy herein declared.
On the adoption of the amendment, the ayes were 20, nays 18, and the amendment was adopted.
Senator Harrison of the 17th offered the following amendment:
Amend Senate Substitute to HB 140 by adding a new section to be appropriately numbered, as follows:
Section --- If for any year the gross sum appropriated for carrying out the Minimum Foundation Program shall be insufficient to pay all allotments required by the various sections of this Act in full, they shall be reduced in the proportion of such deficit, but not otherwise.
On the adoption of the amendment, the ayes were 25, nays 7, and the amendment was adopted.

Senator Rich of the 8th offered the following amendment: Amend HB 140 substitute by striking sections 8 and 28 in their entirety.

Senator Harrison 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:

Ayers Blalock Boyett Bryant Cochran Coleman Davis Dykes Florence Foster

Gholston Harris Higginbotham Jones Land, 51st Land, 24th LeCraw Massey McCoy Newton

Those voting in the negative were Senators:

Ansley Brooks Clary Daniel Eve Garrett Grayson Harrison

Layton Lunsford Mason Overby Padgett Peterson Pilcher Pittman

Rich Roddenberry Rowland Saunders Stark Tarver Williams Wright Zellner
Purdom Rackley Sims Smith Swint Turner

572

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 29, nays 22, and the amendment was adopted.

Senator Dykes of the 14th offered the following amendment:
That all moneys appropriated for minimum foundation at least 15 per cent shall be spent for vocational education.
On the adoption of the amendment, the ayes were 22, nays 16, and the amendment was adopted.
Senator Pilcher of the 19th moved that the Senate reconsider its action in adopting the previous amendment.
On the motion to reconsider, the ayes were 21, nays 23, and the motion was lost.

Senator Harrison of the 17th moved that the Senate reconsider its action in adopting the amendment offered by Senator Rich of the 8th.
On the motion to reconsider, the ayes were 23, nays 21, and the motion prevailed.
Senator Rich of the 8th asked unanimous consent to withdraw his amendment, and the consent was granted.
Senator Pilcher of the 19th moved that the Senate recess until 2 o'clock, and the motion prevailed.
The President announced the Senate recessed until 2 o'clock.

The Senate reconvened at 2 o'clock and resumed the regular order of business.

Senator Rich of the 8th offered the following amendment:
Amend Substitute to HB 140 by striking section 28 of said substitute in its entirety.
On the adoption of the amendment, the ayes were 22, nays 19, and the amendment was adopted.
On the adoption of the substitute as amended, the ayes were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.

The following general bills and resolutions were read the third time and put upon their passage:
SB 62. By Senator LeCraw of the 52nd and Higginbotham of the 31st:
A bill to make it a misdemeanor to publish an advertisement of spirituous liquors and distilled spirits by any publication or periodical or magazine published within this state; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1949

573

The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

SR 34. By Senator Smith of the 37th:
A RESOLUTION
Proposing to the people of the State of Georgia an amendment to Article VI, Section II, Paragraph IV, of the Constitution of this State, by adding to said Paragraph IV an additional paragraph providing that the Supreme Court shall have jurisdiction to render advisory opinions.
BE IT RESOLVED by the General Assembly of the State of Georgia:
SECTION 1. That Article VI, Section II, Paragraph IV, of the Constitution of the State of Georgia, be amended by adding to said Paragraph IV the following paragraph, to wit:
"The Supreme Court shall also have jurisdiction to render advisory opinions, and it shall be the duty of such Court to render advisory opinions when requested to do so by the General Assembly by joint resolution concurred in by a majority of the members elected to each body, or by the Governor in office, provided the advisory opinion requested concerns a matter of grave public importance and shall relate to the construction of the Constitution of this State or any provision thereof, or the right, power or authority of the Governor or General Assembly to remove or suspend from office any officer of this State elected or appointed thereto, or the right or privilege of any officer of the Government of this State or any person in office to succeed himself in office, which advisory opinion shall be rendered by the Supreme Court within ninety days from the date requested. The General Assembly shall have authority to enact laws with respect to the procedure incident to the consideration and determination of such opinions and in the absence thereof, rules of the Supreme Court adopted in that respect shall control."
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 it shall by the Governor be published in one or more newspapers in each Congressional District 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 VI, Section II, Paragraph IV of the Constitution providing that the Supreme Court shall have jurisdiction to render advisory opinions." 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 VI, Section II, Paragraph

574

JOURNAL OF THE SENATE,

IV of the Constitution providing that the Supreme Court shall have jurisdiction to render advisory opinions."
If a majority of the electors qualified to vote for members of the General Assembly vote thereon in the State as a whole, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for the members of the General Assembly, the said amendment shall become a part of Article VI, Section II, Paragraph IV, of the Constitution of this State, and the Governor shall make proclamation thereof.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Dykes Eve Florence Foster Garrett Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th LeCraw Lunsford Massey McCoy Newton Overby Padgett Peterson Pilcher

Purdom Rackley Rich Roddenberry Rowland Sims Smith Stark Swint Tarver Turner Ursrey Williams Wright Zellner

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

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

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

SB 120. By Senator LeCraw of the 52nd:
A bill to repeal sections 86-207, 86-501, 86-503 of the Code of Georgia of 1933 and substituting new sections relating to public defense so as to reorganize the military forces of this state; to provide the adjutant general shall have the rank of major general; the assistant adjutant general shall have the rank of brigadier general; to provide for the appointment of a property and disbursing officer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Tarver of the 46th asked unanimous consent that SB 120 be immediately transmitted to the House, and the consent was granted.

WEDNESDAY, FEBRUARY 16, 1949

575

SB 85. By Senators Rich of the 8th, Blalock of the 36th, and Land of the 24th:
A bill to create a Georgia Board of Veterinary Examiners; to define and regulate the practice of veterinary medicine; to provide for examination and licensing of veterinarians; and for other purposes.
Senator Jones of the 38th moved that SB 85 be indefinitely postponed.
On the motion to postpone, the ayes were 30, nays 8.
The motion prevailed, and the bill was indefinitely postponed.

SB 76. By Senators Ursrey of the 54th, Housley of the 32nd, Roddenberry of the 3rd, and others :
A bill to amend the seed inspection laws by providing for wholesaler and retailer license fees; to provide for inspection stamps to be purchased from the commissioner of agriculture ; to provide the commissioner of agriculture may adopt rules and regulations; and for other purposes.

The Committee on Agriculture offered the following substitute:
An Act to amend an Act (Georgia Laws 1945, pages 201-206 inclusive) relating to, "An Act to provide for the protection of farmers in the purchase of planting seed; to provide regulation for the packaging, labeling, sale and offering or exposing for sale of the same. To fix penalties for violations thereof; and for other purposes."
By enacting new sections to provide additional penalties for violation of this Act; to provide for additional regulations; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY AND UNDER THE AUTHORITY OF THE SAME, as follows:
SECTION 1. On and after the passage of this Act that the (Georgia Laws 1945, pages 201-206, inclusive) relating to, "An Act to provide for the protection of farmers in the purchase of planting seed; to provide regulations for the packaging, labeling, sale and offering or exposing for sale of the same. To fix penalties for violation thereof; and for other purposes."

Be amended by adding new sections to the Seed Act to read as follows:
SECTION 2. All seed for planting purposes of every kind and character in any and all quantities are hereby made subject to the provisions of this Act.
SECTION 3. The provisions of this Act shall be supplemental of and in addition to the provisions of existing laws with regard to sale of planting seed in Georgia and the provisions of existing law shall remain in force except where the provisions of this Act are in conflict with the same. In the event of conflicting provisions between this Act and existing law, the provisions of this Act shall prevail, and conflicting provisions are hereby repealed.
SECTION 4 (A). Any person, who does not have a fixed place of business, or who is traveling, peddling, or an itinerant, who sells or offers for sale seed in this state shall comply with all the requirements of this Act and of all seed laws of this State.

576

JOURNAL OF THE SENATE,

(B). As a further requirement, any person, coming under sub-section (A) of this section, shall be required upon application for a license to sell, or offer for sale seed in this State to furnish a surety bond of not less than $1,000.00 payable to the Commissioner of Agriculture, for the use and benefit of the buyer of the seed bought from such person, who is a traveling, peddling or an itinerant when seed are sold without compliance with, and in violation of this Act, and other seed laws of this State. Said bond shall be given for the protection of the farmers of this State and for the purpose of carrying out the provisions of this Act.
SECTION 5. In case of retailers obtaining seed from farmers, the retailer shall comply with all the provisions of this Act applicable to wholesalers.
SECTION 6. That the Commissioner of Agriculture is hereby authorized and empowered to promulgate rules and regulations prescribing, governing, regulating and defining Noxious Weed Seed. After advising with an Advisory Committee, which shall be composed of the following members, to be appointed by the Commissioner of Agriculture, one committeeman each from the following institutions or organizations: The Georgia Experiment Station, Extension Service, the Coastal Plains Experiment Station, the Georgia Seedmen Association, the Georgia College of Agriculture, and the Georgia Crop Improvement Association. These to be chosen and recommended for appointment to the Commissioner of Agriculture, by the heads of the institutions or organizations. Two farmers who produce seed for sale and two farmers who do not produce seed for sale.
This Advisory Committee is to act in an advisory capacity to the Commissioner of Agriculture when he is promulgating Rules and Regulations pertaining to standards of seed.
SECTION 7. The sworn statement of the analyst shall be admitted as evidence in any court of this State in any proceeding instituted under this article, but upon motion of the accused, such analyst shall be required to appear as a witness and be subject to cross-examination.
SECTION 8. In addition to the penalties set out in the seed laws, such person, seedman or corporation who shall violate any of the provisions or conditions of this Chapter shall be guilty of a misdemeanor and shall be fined not less than $50.00 in the case of retailers and not more than $500.00 in the case of wholesalers for each violation thereof.
SECTION 9. EXEMPTIONS FROM REQUIREMENTS. The provisions of this Act shall not apply to:
1. Seed which is possessed, sold, offered or exposed for sale, or distributed or transported for food, feed, or manufacturing purposes, and not for planting or sowing.
2. Seed which is sold, offered, or transported to merchants to be recleaned before being sold, offered, or distributed for sowing purposes.
3. Seed which is held in storage for the purpose of being cleaned or graded, or which is not possessed, stored, sold, or offered for sale for seeding purposes.
4. Seeds which are sold or exchanged by farmers within any community who are not engaged in commercial seed business.

WEDNESDAY, FEBRUARY 16, 1949

577

SECTION 10. When the provisions of this Act have been fully complied with regarding any seeds which have been withdrawn from sale, or have been ordered by the Commissioner to be disposed of for other than seeding purposes, the Commissioner, in his discretion, may release same for sale.

SECTION 11. This Act shall become effective, and be of force and effect on and after July first, 1949.

SECTION 12. All laws and parts of laws in conflict with this Act shall be, and are hereby repealed.

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

substitute, was agreed to.



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

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

SB 94. By Senator Pilcher of the 19th:
A bill to amend the teacher retirement system by extending the compulsory time of retirement for those who have attained the age of 70 from June 30, 1949, to June 30, 1952; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.

Senator Purdom of the 46th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

578

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, February 17, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 49th 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 Pilcher of the 19th asked unanimous consent that the following be established as order of business for today:
1. Introductions of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. 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.

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 115. By Messrs. Summer of Worth and Greer of Lanier:
A bill to amend an act approved March 30, 1937, providing for the chartering of non-profit corporations to be organized for the purpose of furnishing group hospital service; and for other purposes.

HB 123. By Messrs. Barton and Johnson of Hall:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1, of the Constitution of Georgia; and for other purposes.

HB 268. By Mr. Gross of Stephens:
A bill to repeal in its entirety, section 84-1009 of the Code of Georgia of 1933, which section sets out the qualification of dental nurses and dental hygienists ; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

579

HB 274. By Mr. Gross of Stephens:
A bill to amend an act entitled "An act to classify property for taxation; and for other purposes.

HB 286. By Messrs. Willingham of Cobb, Gross of Stephens and others:
A bill to amend section 92-3109 of the Code of Georgia, by providing for certain deductions from gross income of federal income taxes accrued and paid by veterans ; and for other purposes.

HB 339. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize the State Highway Department in counties with certain population to establish limited access highways and local service roads within the limits of such counties; and for other purposes.

HB 360. By Mr. Miller of Bibb:
A bill to amend an act approved January 28, 1938, amending, revising, and perfecting the corporation laws of the state; and for other purposes.

HB 414. By Messrs. Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to article 6, section 17, paragraph 1 of the Constitution of Georgia; and for other purposes.

HB 426. By Mr. Willingham of Cobb:
A bill authorizing the State of Georgia to transfer by deed to Edwin Channell a tract of land located on the west side of Powder Springs Street in the City of Marietta; and for other purposes.

HB 453. By Messrs. Risner of Hart, Gross of Stephens and Bell of Elbert:
A bill to amend an act approved January 31, 1946 (Georgia Law 1946, pp. 191-203 incl.) and for other purposes.

HB 462. By Messrs. McCracken of Jefferson and Ray of Warren: A bill to provide for insurance companies with a present capital of $25,000.00 to raise the amount of said capital in order to write certain types of policies ; and for other purposes.
HB 475. By Messrs. Moulton of Floyd and Wilkes of Cook: A bill to amend an act entitled, "An act to establish a retirement system for aged and incapacitated teachers"; and for other purposes.
HB 477. By Mr. Pittman of Tift: A bill to consolidate the public schools of Tifton and the County of Tift; and for other purposes.

580

JOURNAL OF THE SENATE,

HB 493. By Messrs. Ellis of Coffee, Moulton of Floyd, and Wilkes of Cook:
A bill to amend section 5 of the act establishing a teachers' retirement system in Georgia; and for other purposes.

HB 513. By Mr. Gross of Stephens:
A bill to reclassify for taxation certain intangible property; and for other purposes.

HB 634. By Messrs. Alverson, Walton, and Smith of Fulton:
A bill to amend an act fixing the salaries of the ordinaries in all counties with a certain population; and for other purposes.

HB 673. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 675. By Mr. Summerour of Dawson:
A bill to provide for holding three terms of court in Dawson County; and for other purposes.

HB 676. By Mr. Griggs of Habersham:
A bill to amend an act entitled "An act to repeal the charter of the City of Demorest"; and for other purposes.

HB 678. By Mr. Kemp of Clayton: A bill to amend an act to incorporate the Town of Forrest Park; and for other purposes.
HB 679. By Mr. Smiley of Liberty: A bill to repeal an act the same being an act to incorporate the City of Lambert; and for other purposes.
HB 680. By Mr. Boone of Wilkinson: A bill to be entitled an act to provide that the sheriff of Wilkinson County shall be paid the sum of $150.00 per month in addition to the fees and compensation now paid to said sheriff; and for other purposes.
HB 684. By Messrs. Nightingale and Gowen of Glynn: A bill to further amend the act entitled an act to create a Board of Commissioners of Roads and Revenue for Glynn County; and for other purposes.
HB 689. By Mr. McGarity of Henry: A bill to amend an act of the General Assembly of Georgia entitled an act to incorporate the City of Stockbridge; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

581

HB 700. By Mr. Briscoe of Walton:
A bill to amend an act entitled "An act to authorize the destruction of records of the various departments of state; and for other purposes.

HB 697. By Mr. Hartley of Crawford:
A bill to provide for the change in the method of compensation of the tax receiver of Crawford County; to provide for an increase in salary; and for other purposes.

HB 698. By Messrs. Baker and Mathews of Clarke:
A bill to amend an act approved August 15, 1904, incorporating the Town of Winterville, in the County of Clarke, so as to provide the right of assessment for the construction and maintenance of public works; and for other purposes.

HB 703. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of Macon, particularly that portion relevant to the prescription of the various wards therein; and for other purposes.

HR 69-457b. By Messrs. Hinson of Ware and Twitty of Mitchell:
A resolution to compensate W. E. McDuffie and E. B. Dayo for expenses incurred from injuries incurred in an automobile accident and W. B. Hitchcock for expenses incurred for injuries in a gun battle while in the line of duty on the Georgia State Patrol; and for other purposes.

HR 62-418a. By Mr. Cagle of Pickens:
A resolution to compensate Hon. Howard Cagle, sheriff of Pickens County, for his 1946 Ford automobile which was wrecked by a member of the Georgia State Patrol while in pursuit of a speeding automobile; and for other purposes.

HB 626. By Mr. Myers of Sumter:
A bill to authorize all incorporated towns and cities of the State of Georgia to open or close streets, or alleyways, or parts thereof; and for other purposes.
HR 39-208a. By Messrs. Page, McGee and Hood of Chatham:
A resolution to propose to the qualified voters of Georgia an amendment to the Constitution of said state to authorize the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards; and for other purposes.

HR 41-227a. By Messrs. Cox and Battles of Decatur:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to create an independent school district in the City of Bainbridge; and for other purposes.

582

JOURNAL OF THE SENATE,

HR 52-291c. By Messrs. Howard, MeWhorter and Hubert of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to enact laws creating a civil service commission and civil service system and merit system for employees and deputies of county officers of DeKalb County; and for other purposes.

HR 57-341c. By Mr. Leach of Rockdale:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945, so as to provide for the division of Rockdale County into school districts; and for other purposes.

HR 75-494b. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the maintenance of streets, sidewalks and curbing; and for other purposes.

HR 80-540a. By Messrs. Sheffield of Brooks and Abney of Walker:
A resolution to provide a polluation study committee to investigate pollution in our streams and to recommend to the next General Assembly proper legislation to curb pollution to satisfaction to the people of the state and industry; and for other purposes.

HR 82-573a. By Mr. Chastain of Thomas:
A resolution to appoint a committee from House and Senate to negotiate a reciprocal agreement on behalf of Georgia poultry and egg producers; and for other purposes.

HR 90-627a. By Messrs. McMillan of Washington and Davis of Bartow:
A resolution resolving for the appointment of a subcommittee of General Judiciary No. 1 to confer with the Georgia Bar Association relevant to establishing requirements for admission to the bar of Georgia.

HB 276. By Mr. Gross of Stephens:
A bill to further amend an act entitled "An act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; and for other purposes.

.HB 359. By Mr. Miller of Bibb:
A bill to provide how guardians and other fiduciaries may sell stocks and bonds by amending an act of the General Assembly, and for other purposes.

THURSDAY, FEBRUARY 17, 1949

583

HB 406. By Messrs. Duncan of Carroll, Twitty of Mitchell, Smith of Haralson, Gross of Stephens and Smith of Emanuel:
A bill authorizing and requiring the various school boards of the counties, cities and independent school systems employing school buses, to cause policies of insurance to be issued insuring the children and general public riding therein; and for other purposes.

HB 484. By Messrs. Buie of Camden, Gross of Stephens, Willis of Thomas and others:
A bill to increase the pensions of Confederate soldiers' widows from fifty to seventy-five dollars per month; and for other purposes.

HB 549. By Mr. Miller of Bibb:
A bill to amend an act relating to bells, whistles, and electric headlights on locomotives, by striking from said act the word "steam" and by adding other language; and for other purposes.

HB 567. By Messrs. Adams of Wheeler, McCracken of Jefferson and Coleman of Richmond:
A bill to amend the act of 1941 regulating the use of public highways; and for other purposes.

HB 706. By Messrs. Vickers and Galloway of Colquitt: A bill to amend an act entitled an act to promote temperance and prosperity for Georgia people; and for other purposes.
HB 681. By Messrs. Hubert, Howard, McWhorter of DeKalb, Leach of Rockdale and others: 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 for other purposes.
HB 685. By Messrs. Edenfield and Smith of Emanuel: A bill to amend an act relating to the charter of the Town of Twin City in the County of Emanuel; and for other purposes.
HB 687. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act to regulate the payment of compensation out of the county treasury of official court reporters, in counties of 200,000 or more; and for other purposes.
HB 690. By Messrs. Moulton, Covington and Terrell of Floyd: A bill to provide for the compensation of the treasurer of Floyd County; to repeal conflicting laws; and for other purposes.

584

JOURNAL OF THE SENATE,

HB 691. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill amending the charter of Augusta, and more particularly that portion providing for the composition of the civil service commission; and for other purposes.

HB 692. By Messrs. Cohen and Coleman of Richmond:
A bill to amend the charter of Augusta, and particularly to change the system of civil service as it applies to the police department; and for other purposes.

HB 693. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend, consolidate and supersede an act approved February 24, 1874, incorporating the City of Dalton; and for other purposes.

HB 694. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act approved February 24, 1874, entitled "An act to consolidate, amend and codify the various acts incorporating the City of Dalton in the County of Whitfield"; and for other purposes.

HB 696. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend the charter of Dalton and provide for the collection of additional ad valorem taxes therein; and for other purposes.
HB 209. By Messrs. Langdale of Lowndes, Buie of Camden, Wilkes of Cook and Abney of Walker:
A bill entitled "An act to abolish the office of county game warden; and for other purposes.

HB 298. By Messrs. Langdale of Lowndes, Wilkes of Cook and Wetherington of Echols: A bill to amend an act entitled "An act to provide for the payment of a license by certain persons fishing within the State of Georgia; and for other purposes.
HB 604. By Messrs. McMillan of Washington, Meeks of Union, Blitch of Clinch and others:
A bill to create a Jekyll Island State Park Authority; and for other purposes.
HB 701. By Messrs. Pickard, Hollis and Shields of Muscogee:
A bill to amend an act entitled "An act to abolish the justice courts and office of the justice of the peace"; and for other purposes.

HB 275. By Mr. Gross of Stephens:
A bill to amend section 92-3105 of the Code of Georgia of 1933 as amended; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

585

HB 651. By Mr. Raulerson of Pierce:
A bill to revise, renew and consolidate the charter of the Town of Patterson; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 102. By Senator Land of the 24th:
A bill to amend "An act to amend the charter of the City of Columbus; and for other purposes.
SB 104. By Senator Grayson of the 1st: A bill to alter and amend an act to incorporate the Savannah Volunteer Guards; and for other purposes.
SB 105. By Senator Grayson of the 1st: A bill to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bill of the Senate, to wit:
SB 6. By Senator LeCraw of the 52nd:
A bill to establish a local government commission in Atlanta and Fulton County; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit: HB 325. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend section 49-604 of the Code of 1933 relating to the commitment of violently insane persons; and for other purposes.
HB 415. By Messrs. Miller, Trice and Vandiver of Bibb: A bill to amend the Code of Georgia to provide an increase in the annual contribution for support of each child committed to the Georgia Industrial Home; and for other purposes.
HB 663. By Messrs. Gross of Stephens and Lewis of Hancock: A bill to provide the persons licensed to act as agents of fire or casualty insurers in Georgia may also be licensed by the Insurance Commissioner to place excess lines of fire or casualty insurance in companies or with insurers not admitted to do business in this state; and for other purposes.
HB 329. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend section 38-1501 of the Georgia Code of 1933 so as to provide compensation to peace officers for court attendance as witnesses during off-duty hours; and for other purposes.

586

JOURNAL OF THE SENATE,

Mr. President:
The House has agreed to the Senate substitute as amended by the House to the following bill of the House, to wit:
HB 334. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to authorize the county authority in counties of 300,000 or more population to regulate the parking vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 435. By Messrs. Lewis of Hancock, Ryle of Ware and others:
A bill to amend an act which established the department of labor and authorized the setting up of divisions within the department; and for other purposes.

HB 433. By Mr. Reed of Cobb:
A bill to provide no tax liens, other than liens ad valorem; and for other purposes.

HB 436. By Messrs. Gross of Stephens, Lewis of Hancock, Walton of Fulton and others:
A bill to amend an act approved March 29, 1937, known as the unemployment compensation act; and for other purposes.

HR 30-171c. By Messrs. Adams and Hurt of Polk:
A resolution to relieve T. K. Davitte, E. E. Washbourn and others as sureties in bond; and for other purposes.

HB 220. By Messrs. Smith of Haralson, Cook of Chattooga, Kemp of Clayton, and others:
A bill to amend certain portions of the Georgia Workmen's Compensation Act; and for other purposes.

HB 438. By Mr. Langdale of Lowndes:
A bill to amend an act entitled "An act to regulate the sale and distribution. of hunting and fishing licenses; and for other purposes.
HB 143. By Messrs. Griggs of Habersham, Gross of Stephens, Jolly of Franklin and others:
A bill to extend the provisions of the merit system act approved February 4, 1943 (Georgia Laws 1943, pages 171-177) to include the employees of the Public Service Commission; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

587

The House has disagreed to Senate substitute and asked for a committee of conference to be appointed to the following bill of the House to wit:
HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens and others :
A bill to establish the mmxmum foundation program of education in Georgia to equalize educational opportunities throughout the state; and for other purposes.

The House has disagreed to Senate amendment to the following bill of the House, to wit:
HB 302. By Mr. Twitty of Mitchell:
A bill to amend the act of the General Assembly of Georgia, creating the office of judge emeritus, so as to make further and additional provisions for the eligibility of persons for such office; and for other purposes.

The following bills and/or resolutions of the Senate were introduced, read the first time and referred to the committee:
SB 136. By Senator Roddenberry of the 3rd:
A bill to provide for state control and regulation over all state property and streets adjacent to same; to provide for state control and jurisdiction of streets or highways adjacent to state owned property; and for other purposes.
Referred to Committee on State of Republic.

The following bills and resolutions of the House were read the first time and referred to committees :
HB 115. By Messrs. Sumner of Worth and Greer of Lanier:
A bill to amend an act approved March 30, 1937', pro~iding for the
chartering of non-profit corporations to be organized _for .the purpose of furnishing group hospital service; and for other purposes.
Referred to the Committee on Insurance.

HB 123. By Messrs. Barton and Johnson of Hall:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1 of the Constitution of Georgia; and for other purposes.
Referred to Committee on Constitutional Amendments.

HB 268. By Mr. Gross of Stephens:
A bill to repeal in its entirety, section 84-1009 of the Code of Georgia of 1933 which section sets out the qualification of dental nurses and dental hygienists; and for other purposes.
Referred to the Committee on Public Health.

588

JOURNAL OF THE SENATE,

HB 274. By Mr. Gross of Stephens:
A bill to amend an act entitled "An act to classify property for taxation; and for other purposes.
Referred to Committee on Finance.

HB 286. By Messrs. Willingham of Cobb, Gross of Stephens and others:
A bill to amend section 92-3109 of the Code of Georgia by providing for certain deductions from gross income of the federal income taxes accrued and paid by veterans ; and for other purposes.
Referred to Committee on Finance.

HB 339. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize the State Highway Department in counties with certain population to establish limited access highways and local service roads within the limits of such counties; and for other purposes.
Referred to the Committee on Public Roads and Highways.

HB 360. By Mr. Miller of Bibb:
A bill to amend an act approved January 28, 1938, amending, revising, and perfecting the corporation laws of the state; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 414. By Messrs. Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to article VI, section 17, paragraph I of the Constitution of Georgia; and for other purposes.
Referred to Committee on Constitutional Amendments.

HB 426. By Mr. Willingham of Cobb:
A bill to authorize the State of Georgia to transfer by deed to Edwin Channell a tract of land located on the west side of Powder Springs Street in the City of Marietta; and for other purposes.
Referred to Committee on State of Republic.

HB 453. By Messrs. Risner of Hart, Gross of Stephens and Bell of Elbert:
A bill to amend an act approved January 31, 1946 (Georgia Laws 1946; pages 191-203 incl.) ; and for other purposes.
Referred to the Committee on General Judiciary.
HB 462. By Messrs. McCracken of Jefferson and Ray of Warren: A bill to provide for insurance companies with a present capital of $25,000.00 to raise the amount of said capital in order to write certain types of policies; and for other purposes.
Referred to the Committee on Insurance.

THURSDAY, FEBRUARY 17, 1949

589

HB 475. By Messrs. Moulton of Floyd and Wilkes of Cook:
A bill to amend an act entitled, "An act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
Referred to Committee on State of Republic.

HB 681. By Messrs. Hubert, Howard, McWhorter of DeKalb and others:
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 for other purposes.
Referred to the Committee on Special Judiciary.

HB 685. By Messrs. Edenfield and Smith of Emanuel:
A bill to amend an act relating to the charter of the Town of Twin City in the County of Emanuel; and for other purposes.
Referred to the Committee on Municipal Government.

HB 687. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act to regulate the payment of compensation out of the county treasury of official court reporters, in counties of 200,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 690. By Messrs. Moulton, Covington, Terrell of Floyd: A bill to provide for the compensation of the treasurer of Floyd County; to repeal conflicting laws; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 691. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill amending the charter of Augusta, and more particularly that portion providing for the composition of the civil service commission; and for other purposes.
Referred to the Committee on Municipal Government.
HB 692. By Messrs. Cohen and Coleman of Richmond:
A bill to amend the charter of Augusta, and particularly to change the system of civil service as it applies to the police department; and for other purposes.
Referred to the Committee on Municipal Government.

HB 693. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend, consolidate and supersede an act approved February 24, 1874, incorporating the City of Dalton; and for other purposes.
Referred to the Committee on Municipal Government.

590

JOURNAL OF THE SENATE,

HB 694. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act approved February 24, 1874, entitled "An act to consolidate, amend and codify the various acts incorporating the City of Dalton; and for other purposes.
Referred to the Committee on Municipal Government.

HB 696. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend the charter of Dalton and provide for the collection of additional ad valorem taxes therein; and for other purposes.
Referred to the Committee on Municipal Government.

HB 697. By Mr. Hartley of Crawford:
A bill to provide for the change in the method of compensation of the tax receiver of Crawford County; and for other purposes.
Referred to the Committee on Municipal Government.

HB 698. By Messrs. Baker and Mathews of Clarke:
A bill to amend an act approved August 15, 1904, incorporating the Town of Winterville; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 703. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of Macon, particularly that portion relevant to the prescription of the various wards therein; and for other purposes.
Referred to the Committee on Municipal Government.

HB 477. By Mr. Pittman of Tift: A bill consolidating the schools of Tifton and Tift County; and for other purposes.
Referred to the Committee on Education.
HB 493. By Messrs. Ellis of Coffee, Moulton of Floyd and Wilkes of Cook: A bill to amend an act establishing a teachers' retirement system in Georgia; and for other purposes.
Referred to the Committee on Education.
HB 513. By Mr. Gross of Stephens: A bill to reclassify for taxation certain intangible property; and for other purposes.
Referred to the Committee on Banks and Banking.

THURSDAY, FEBRUARY 17, 1949

591

HB 634. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act fixing the salaries of the ordinaries in all counties with a certain population; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 673. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 675. By Mr. Summerour of Dawson:
A bill to provide for holding three terms of court in Dawson County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 676. By Mr. Griggs of Habersham:

A bill to amend an act repealing the charter of the City of Demorest;

and for other purposes.





Referred to the Committee on Municipal Government.

HB. 678. By Mr. Kemp of Clayton: A bill amending an act incorporating the Town of Forrest Park; and for other purposes.
Referred to the Committee on Municipal Government.
HB 679. By Mr. Smiley of Liberty:
A .bill to repeal an act incorporating the City of Lambert; and for
other purposes. Referred to the Committee on Municipal Government.

HB 680. By Mr. Boone of Wilkinson:
A bill providing that sheriff of Wilkinson County be paid the sum of $150.00 per month in addition to fees and compensation; and for other purposes.
Referred to t~e Committee on Counties and County Matters.

HB 684. By Messrs. Nightingale and Gowen of Glynn:
A bill amending an act creating a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes.
Referred to the Committee on Counties and County Matters.

592

JOURNAL OF THE SENATE,

HB 689. By Mr. McGarity of Henry:
A bill amending an act incorporating the City of Stockbridge; and for other purposes.
Referred to the Committee on Municipal Government.

HB 700. By Mr. Briscoe of Walton:
A bill amending an act authorizing the destruction of records of various departments of state; and for other purposes.
Referred to the Committee on Hall and Rooms.

HB 701. By Messrs. Pickard, Hollis and Shields of Muscogee:
A bill to amend an act abolishing the justice courts and office of the justice of the peace; and for other purposes.
Referred to the Committee on Municipal Government.

HB 275. By Mr. Gross of Stephens:
A bill to amend section 92-3105 of the Code of Georgia of 1933 as amended; and for other purposes.
Referred to the Committee on General Judiciary.

HB 651. By Mr. Raulerson of Pierce:
A bill to revise, renew and consolidate the charter of the Town of Pat;.. terson; and for other purposes.
Referred to the Committee on Municipal Government.

HB 276. By Mr. Gross of Stephens:
A bill to amend an act to limit to seven years the effect of filing for record and mortgage, bill of sale to secure debt; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 359. By Mr. Miller of Bibb:
A bill amending an act providing how guardians and other fiduciaries may sell stocks and bonds; and for other purposes.
Referred to the Committee on General Judiciary.

HB 406. By Messrs. Duncan of Carroll, Twitty of Mitchell, Smith of Haralson and others:
A bill requiring school boards that operate school busses to cause policies of insurance to be issued insuring the children and general public; and for other purposes.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 17, 1949

593

HB 484. By Messrs. Buie of Camden, Gross of Stephens, Willis of Thomas and others:
A bill to increase the pensions of Confederate soldiers' widows from fifty to seventy-five dollars per month; and for other purposes.
Referred to the Committee on Pensions.

HB 549. By Mr. Miller of Bibb:
A bill to amend an act relating to bells, whistles, and headlights on locomotives; and for other purposes.
Referred to the Committee on Hall and Rooms.

HB 567. By Messrs. Adams of Wheeler, McCracken of Jefferson and Coleman of Richmond:
A bill to amend an act regulating the use of public highways; and for other purposes.
Referred to the Committee on Highways.
HB 706. By Messrs. Vickers and Galloway of Colquitt:
A bill to amend an act promoting temperance and prosperity for Georgia people; and for other purposes.
Referred to Committee on Agriculture.
HR 39. By Messrs. Page, McGee and Hood of Chatham:
A bill to amend the Constitution of the State of Georgia to authorize the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 41. By Messrs. Cox and Battles of Decatur:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to create an independent school district in the City of Bainbridge; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 52. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to enact laws creating a civil service commission and civil service system and merit system for employees and deputies of county officers of DeKalb County; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

594

JOURNAL OF THE SENATE,

HR 57. By Mr. Leach of Rockdale:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945, so as to provide for the division of Rockdale County into school districts; and for other purposes
Referred to the Committee on Amendments to the Constitution.

HR 75. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the maintenance of streets, sidewalks and curbing; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 80. By Messrs. Sheffield of Brooks and Abney of Walker:
A resolution to provide a pollution study committee to investigate pollution in our streams and to recommend to the next General Assembly proper legislation to curb pollution to satisfaction to the people of the state and industry; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 82. By Mr. Chastain of Thomas:
A resolution to appoint a committee from House and Senate to negotiate a reciprocal agreement on behalf of Georgia poultry and egg producers and for other purposes.
Referred to Committee on Agriculture.
HR 90. By Messrs. McMillan of Washington and Davis of Bartow:
A resolution resolving for the appointment of a subcommittee of General Judiciary No. 1 to confer with the Georgia Bar Association relevant to establishing requirements for admission to the bar of Georgia.
Referred to the Committee on General Judiciary.
HB 663. By Messrs. Gross of Stephens and Lewis of Hancock:
A bill to provide that persons licensed to act as agents of fire or casualty insurers in Georgia may also be licensed by the Insurance Commissioner to place excess lines of fire or casualty insurance in companies; and for other purposes.
Referred to the Committee on Insurance.
HB 626. By Mr. Myers of Sumter:
A bill to authorize all incorporated towns and cities of the State of Georgia to open or close streets, or alleyways, or parts thereof; and fo! other purposes.
Referred to the Committee on Municipal Government.

THURSDAY, FEBRUARY 17, 1949

595

HB 209. By Messrs. Langdale of Lowndes, Buie of Camden, Wilkes of Cook and others:
A bill entitled "An act to abolish the office of county game warden; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 298. By Messrs. Langdale of Lowndes, Wilkes of Cook and Wetherington of Echols:
A bill to amend an act entitled "An act to provide for the payment of a license by certain persons fishing within the State of Georgia; and for other purposes.
Referred to Committee on Game and Fish.

HB 604. By Messrs. McMillan of Washington, Meeks of Union, Blitch of Clinch and others:
A. bill to create a Jekyll Island State Park Authority; and for other purposes.
Referred to Committee on State of Republic.

HR 69. By Messrs. Hinson of Ware and Twitty of Mitchell:
A resolution to compensate W. E. McDuffie and E. B. Dayo for expenses incurred from injuries incurred in an automobile accident and W. B. Hitchcock for expenses incurred for injuries in a gun battle while in the line of duty of the Georgia State Patrol; and for other purposes.
Referred to Committee on Public Welfare.

HR 62. By Mr. Cagle of Pickens:
A resolution to compensate Hon. Howard Cagle, sheriff of Pickens County, for his 1946 Ford automobile which was wrecked by a member of the Georgia State Patrol while in pursuit of a speeding automobile; and for other purposes.
Referred to Committee on Appropriations.

HB 435. By Messrs. Lewis of Hancock, Ryle of Ware and others: A bill to amend an act establishing the Department of Labor; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 433. By Mr. Reed of Cobb: A bill providing no tax liens, other than liens ad valorem; and for other purposes.
Referred to the Committee on Special Judiciary.

596

JOURNAL OF THE SENATE,

HB 436. By Messrs. Gross of Stephens, Lewis of Hancock, Walton of Fulton and others:
A bill to amend an act known as the unemployment compensation act; and for other purposes.
Referred to Committee on State of Republic.

HR 30. By Messrs. Adams and Hurt of Polk:
A resolution to relieve T. K. Davitte; E. E. Washbourn and others as sureties in bond ; and for other purposes.
Referred to the Committee on General Judiciary.

HB 220. By Messrs. Smith of Haralson, Cook of Chattooga, Kemp of Clayton and others:
A bill to amend certain portions of the Georgia Workmen's Compensation Act; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 438. By Mr. Langdale of Lowndes:
A bill to amend an act entitled an act to regulate the sale of and the distribution of hunting and fishing licenses; and for other purposes.
Referred to Committee on Game and Fish.

HB 143. By Messrs. Griggs of Habersham, Gross of Stephens and others:
A bill to extend the provisions of the merit system to include the employees of the Public Service Commission ; and for other purposes.
Referred to Committee on State of Republic.

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under consideration the fol-
lowing bills of the House and )}as instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 628. Do Pass.
HB 627. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman

THURSDAY, FEBRUARY 17, 1949

597

Mr. Saunders of the 25th District, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

Your Committee on Temperance 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 116. Do Pass. SB 99. Do Pass.

Respectfully submitted, Saunders of 25th District,

Chairman

Mr. Ayers of the 13th 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 528. Do Pass as amended. HB 539. Do Pass. HB 538. Do Pass. HB 641. Do Pass. HB 491. Do Pass as substituted. HB 519. Do Pass. HB 176. Do Pass as amended. HB 490. Do Pass. HB 602. Do Pass. HB 603. Do Pass. HB 532. Do Pass. HB 613. Do Pass as amended HB 647. Do Pass. HB 645. Do Pass. HB 646. Do Pass. HB 504. Do Pass. HB 619. Do Pass. HB 614. Do Pass.

598

JOURNAL OF THE SENATE,

HB 615. Do Pass. HB 617. Do Pass. HB 618. Do Pass. HB 294. Do Pass. HB 472. Do Pass. HB 616. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Wright of the Fifth District, chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation 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 267. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

Mr. Higginbotham of the 31st 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 657. Do Pass.

HB 660. Do Pass.

HB 662. Do Pass.

HB 580. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

THURSDAY, FEBRUARY 17, 1949

599

Mr. Ayers of the 13th 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 584. Do Pass. HB 648. Do Pass. HB 489. Do Pass by substitute. HB 561. Do Pass. HB S7-619a. Do Pass. HB 652. Do Pass. HB 590. Do Pass. HB 644. Do Pass. HB 650. Do Pass. HB 658. Do Pass. HB 632. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

Mr. Ansley of the lOth District, chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles 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:

HB 179. Do Pass.

HB 252. Do Pass.

HB 253. Do Pass.

SB 98. Do Not Pass.

Respectfully submitted, Ansley of lOth District, Chairman

600

JOURNAL OF THE SENATE,

Mr. Smith of the 37th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 670. Do Pass.

Respectfully submitted,

Smith of 37th District,

Chairman

Mr. Overby of the 33rd 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 25. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. McCoy of the 4th 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
bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 155. Do Pass.
Respectfully submitted, McCoy of 4th District, Chairman

THURSDAY, FEBRUARY 17, 1949

601

Mr. Housley of the 32nd 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 Governor :

SB 6.

SB 89.

SB 35.

SB 38.

SB 70.

SB 90.

SB 102.

SB 104.

SB 117.

SR 7.

SR 9.

SR 32.

Respectfully submitted, Housley of 32nd District, Chairman

Mr. Clary of the 29th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 241. Do Pass.
Respectfully submitted, Clary of 29th District, Chairman

602

JOURNAL OF THE SENATE,

Mr. Turner of the 34th District, 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 House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 126. Do Pass.

SB 19. Do Pass.

SB 125. Do Pass.

HB 316. Do Pass.

HB 312. Do Pass.

HB 311. Do Pass.

HB 315. Do Pass.

HB 317. Do Pass.

Respectfully submitted, Turner of 34th District, Chairman

Mr. McCoy of the 4th 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 House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 104. Do Not Pass.

SB 79. Do Pass.

Respectfully submitted, McCoy of 4th District, Chairman

Mr. Zellner of the 22nd District, chairman of the Committee on Education, submitted the following report :

Mr. President:

Your Committee on Education 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 654. Do Pass.

Respectfully submitted,

Zellner of 22nd District,

Chairman

THURSDAY, FEBRUARY 17, 1949

603

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 240. Do Pass.

HB 323. Do Pass.

HB 610. Do Pass.

HB 303. Do Pass.

HB 434. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Higginbotham of the 31st 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 chairp1an, to report the

same back to the Senate with the following recommendations:

'

HB 667. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted 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 56. Do Pass.

HB 231. Do Pass.

HB 232. Do Pass.

HB 233. Do Pass.

HB 318. Do Pass.

Respectfully submitted, Stark of 35th District, Chairman

604

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 629. Do Pass.

HB 636. Do Pass.

HB 492. Do Pass as amended.

HB 566. Do Pass.

HB 593. Do Pass.

HB 521. Do Pass.

HB 624. Do Pass.

HB 644. Do Pass.

HB 640. Do Pass.

HB 630. Do Pass as amended.

HB 605. Do Pass.

HB 431. Do Pass as amended.

HB 638. Do Pass.

HB 625. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 19. By Senators McCoy of the 4th and Coleman of the 16th:
A bill to provide for the chartering of non-profit corporation group hospital insurance; to provide for regulations; to provide for authority of corporation to contract and operate; and for other purposes.
SB 99. By Senator LeCraw of the 52nd:
A bill to prohibit the circulation, sale or distribution within the State of Georgia of any newspaper, magazine, periodical or any publication whatsoever in which appears any advertisement concerning spirituous liquors or distilled spirits; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

605

SB 116. By Senator Ursrey of the 54th:
A bill to repeal the revenue tax act legalizing and controlling alcoholic beverages in this state; and for other purposes.

SB 126. By Senator Clary of the 29th :
A bill to amend an act approved March 30, 1937 (Georgia Laws, 1937, pages 690, 696) by repealing section 4 and substituting a new section to provide a person may make applications for group hospital service without regard to his or her place of residence.

SB 125. By Senators Overby of the 33rd, Rich of the 8th and Tarver of the 48th:
A bill to regulate trade practices in the business of insurance; to provide the determination of unfair methods of competition or unfair or deceptive acts by the Insurance Commissioner; to provide a fine for violating the orders of the Insurance Commissioner; and for other purposes.

HB 25. By Mr. Gowen of Glynn: A bill to provide for municipal home rule; to establish optional plans for municipal government for municipalities of Georgia; and for other purposes.
HB 56. By Mr. Raulerson of Pierce: A bill to provide for the illegal killing of deer and to amend section 58-207 of the Code of Georgia; and for other purposes.
HB 104. By Messrs. Hunter of Troup and McLaughlin of Wayne: A bill to amend an act, for the purpose of allowing dental college clinics to charge for services rendered; for the purpose of increasing the number of members of the Board of Dental Examiners ; and for other purposes.
HB 155. By Messrs. Smith of Emanuel, Reed of Cobb, McMillan of Washington and others: A bill to protect public health by providing premarital examinations for syphilis; and for other purposes.
HB 176. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend an act creating the Civil Court of Fulton County, to increase the salaries of the judges, and for other purposes.
HB 179. By Messrs. Davis and Durden of Dougherty: A bill to amend the 1933 code, relating to the regulation of motor vehicles; and for other PUrPoses.

606

JOURNAL OF THE SENATE,

HB 240. By Messrs. Abney and Campbell of Walker, Hale of Dade, Bledsoe. and Britton of Whitfield and Cook of Chatooga:
A bill to amend an act which abolished the fee system in the Superior Courts of the Cherokee Judicial Circuit; and for other purposes.

HB 252. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor carriers for hire; and for other purposes.

HB 253. By Mr. Hubert of DeKalb:
A bill to amend an act regulating motor common carriers; and for other purposes.

HB 267. By Messrs. Gowen and Nightingale of Glynn:
A bill to preserve for posterity certain portions of the "Marshes of Glynn" as a memorial to Georgia's immortal Sidney Lanier; and for other purposes.

HB 231. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others:
A bill to provide a temporary hunting permit in the State of Georgia for non-resident, to fix the amount of license fee to be charged for the same; and for other purposes.

HB 232. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others:
A bill to regulate hunting in this state; to regulate and prohibit the killing and possession of deer and wild turkeys; and for other purposes.

HB 233. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others :
A bill to require the payment by non-residents of this state of an annual license fee for the privilege of fishing in the waters of this state; and for other purposes.

HB 241. By Messrs. Gross of Stephens, Adams of Evans, Lokey of McDuffie and Edenfield of Emanuel:
A bill to amend an act relating to the purchase by a bank of stocks and the buying and selling of investment securities; and for other purposes.

HB 521. By Messrs. White and Griswell of Gwinnett:
A bill to create a charter for the Town of Suwanee in the County of Gwinnett; to define the corporate limits; and for other purposes.

\

THURSDAY, FEBRUARY 17, 1949

607

HR 87. By Messrs. Smith, Alverson and Walton of Fulton:
A resolution to permit the Fulton County commissioners to refund to bondsmen moneys expended on the default of bonds, where certain prisoners who had escaped and were returned by the bondsmen; and for other purposes.

HB 294. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections including primaries, in any and all counties having a population of not less than 75,484 and not more than 75,504; and for other purposes.

BB 303. By Mr. Hale of Dade:
A bill to repeal section 53-504 of the 1933 Code of Georgia relating to contracts of sale by a wife of her separate estate to her husband or trustee; and for other purposes.

BB 311. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb and McCracken of J eft'erson :
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers; and for other purposes.

BB 312. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others.
A bill to expressly repeal sections 56-233, 56-319, 56-321, 56-408 and 56-409 of the Code of 1933 relating to insurance, insurance companies; and for other purposes.

BB 315. By Messrs. Chastain of Thomas, Lewis of Hancock, and others:
A bill to repeal sections 26-2209 and 26-2201, relating to the crime of arson and the punishment therefor; and for other purposes.

HB 316. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others.
A bill to fix one annual license fee of $300. for each insurance company and all of its agents doing business in Georgia; and for other purposes.
HB 317. By Messrs. Chastain of Thomas, Lewis of Hancock and McCracken of Jefferson:
A bill to adopt the Uniform Insurers Liquidation Act, which relates to the receivership, liquidation; and for other purposes.
HB 318. By Messrs. Kennedy of Tattnall, Buie of Camden, Edenfield of Mcintosh, and others:
A bill to prohibit "fire hunting" deer in this state; and for other purposes.

608

JOURNAL OF THE SENATE,

HB 323. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide for the microfilming of public records by photographic process of a permanent and durable nature in counties of 300,000 or more; and for other purposes.

HB 362. By Messrs. Terrell and Moulton of Floyd :
A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court, the sheriff, the ordinary, the tax collector and tax receiver; and for other purposes.

HB 431. By Messrs. Walton, Smith and Alverson of Fulton:
A bill establishing a new charter for the City of East Point; to have power and authority to levy, assess and collect an ad valorem tax of 15 mills on each dollar of taxable value of all real and personal property; and for other purposes.

HB 434. By Messrs. Barrett of Pike, Bolton and Harper of Spalding, Freeman and Salter of Upson, and Huddleston of Fayette:
A bill to amend an act to be called the Griffin Circuit and to be composed of the counties of Spalding, Pike, Upson and Fayette; and for other purposes.

HB 472. By Mr. Witherington of Wilcox:
A bill to amend an act approved March 24, 1939, entitled "An act to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.

HB 489. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend section 21-105 of the Code of Georgia of 1933 so as to fix the salary and compensation of coroners in counties with a certain population; and for other purposes.

HB 490. By Messrs. Alverson, Smith and Walton of Fulton:
A bill authorizing tax collectors in counties of 300,000 or more to collect any assessment, fee or charge authorized to be made by the county authority of such county; and for other purposes.

HB 491. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to fix the salaries of special bailiffs and of secretaries appointed by the judges in lieu of special bailiffs in the superior courts in counties having a population of 300,000 or more; and for other purposes.
HB 492. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the act granting charter to the Town of Palmetto so as to authorize increase of ad valorem taxes; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

609

HB 504. By Mr. Walker 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 519. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to provide that in all counties of the State of Georgia having a population of between 40,000 and 50,000 so as to change from the fee system to the salary system in such counties; and for other purposes.

HB 528. By Messrs. Kidd and Jennings of Baldwin:
A bill to increase the fee of the coroner of Baldwin County; to increase the fee of the coroner's jury; to increase the fee for the court stenographer at coroner's inquests; and for other purposes.

HB 532. By Messrs. Walton, Smith and Alverson of Fulton:
A bill for providing for the appointment of the assistant solicitor general and deputy solicitor generals of the Criminal Court of Fulton County; and fixing their salaries; and for other purposes.

HB 538. By Mr. Hill of Meriwether:
A bill to provide for the compensation of the chairman and the members of the board of commissioners of Meriwether County; and for other purposes.
HB 539. By Mr. Hill of Meriwether:
A bill to amend an act fixing the compensation of the treasurer of Meriwether County by giving him an increase in salary as the treasurer of Meriwether County; and for other purposes.

HB 561. By Messrs. Lewis of Hancock, Key of Jasper, Tamplin of Morgan, and others:
A bill to authorize the judge of the Superior Court of Ocmulgee Circuit to employ clerical help; and for other purposes.
HB 566. By Messrs. Alverson, Walton and Smith of Fulton, and Kemp of Clayton:
A bill incorporating the City of Manchester (now College Park); to extend the limits of College Park contingent upon the approval of the people in the affected areas; and for other purposes.

HB 580. By Mr. Griggs of Habersham:
A bill to amend an act to create and establish the City Court of Habersham County; and for other purposes.

HB 584. By Mr. Jones of Lumpkin:
A bill to provide for the eligibility of members of the county board of education of Lumpkin County; and for other purposes.

610

JOURNAL OF THE SENATE,

HB 590. By Mr. Byrd of Taylor:
A bill to amend an act creating the office of tax commissioner of Taylor County; and for other purposes.

HB 602. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to authorize the county authority of Fulton County to establish, maintain and control of sewers, water mains; and for other purposes.

HB 603. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act to create a civil service board in Fulton County; and for other purposes.

HB 605. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act which provides for the hours of holding all general, special and primary elections in counties having a populations of more than 200,000; and for other purposes.

HB 610. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to regulate the salaries of stenographic reporters of the superior courts of all judicial circuits having a population of not less than 50,000 or more than 55,000; and for other purposes.

HB 613. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to provide for an increase in the salary of the judge of the municipal court of Columbus; and for other purposes.
HB 614. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to amend an act to provide for increasing the salary of the clerk of the municipal court of the City of Columbus; and for other purposes.
HB 615. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to amend an act to provide for increasing the salary and automobile maintenance allowance of the marshal of the municipal court of the City of Columbus; and for other purposes.
HB 616. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to amend an act approved March 6, 1945, increasing the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.
HB 617. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to change and fix the salaries of the judge and solicitor of the City Court of Columbus and provide for payment of same; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

611

HB 618. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to amend an act to abolish the justice courts, and office of the justice of the peace, and office of notary public, and ex-officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.

HB 619. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to be entitled an act to authorize and require the County of Muscogee to supplement the salary of the judge of the superior courts of the Chattahoochee Circuit; and for other purposes.

HB 624. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur; and for other purposes.

HB 627. By Messrs. Jenkins and Davis of Bartow, Hale of Dade, and others:
A bill to amend an act relating to the salary of the solicitor general of the Cherokee Judicial Circuit so as to provide for an increase in the salary of the solicitor general; and for other purposes.

HB 628. By Mr. Aultman of Houston:
A bill to amend an act to abolish the fee system now existing in the superior courts of the Macon Judicial Circuit; and for other purposes.

HB 629. By Messrs. Cagle of Pickens and Ca~le of Cherokee: A bill to incorporate the Town of Nelson; and for other purposes.

HB 632. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to confer the power of eminent domain upon the commissioners of roads and revenues of Muscogee County; and for other purposes.

HB 636. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of the City of Macon so as to extend the corporate limits thereof; and for other purposes.

HB 638. By Messrs. Miller, Trice 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 639. By Mr. Cagle of Pickens:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Jasper ; and for other purposes.

HB 640. By Mr. Hartley of Crawford:
A bill to amend an act of 1922, Ga. Laws 1922, known as an act to create a new charter for the City of Doerun; and for other purposes.

612

JOURNAL OF THE SENATE,

HB 641. By Mr. Aycock of Jenkins:

A bill to provide for the fees of the coroner of Jenkins County in connection with the holding of inquests; and for other purposes.

HB 644. By Messrs. Hinson and Ryle of Ware:
A bill to amend an act relating to the charter of the City of Waycross; to provide for a new permanent registration list of voters for elections to be held in the City of Waycross; and for other purposes.

HB 645. By Mr. Kitchen of Twiggs:
A bill to provide for the fees for the coroner of Twiggs County; and for other purposes.

HB 646. By Mr. Kitchen of Twiggs:
A bill to provide that the sheriff of Twiggs shall be paid the sum of $150.00 per month; and for other purposes.

HB 647. By Mr. Kitchen of Twiggs:
A bill to amend an act creating the board of commissioners for Twiggs; and for other purposes.

HB 648. By Mr. Summerour of Dawson:
A bill to create a board of county commissioners of roads and revenues for the County of Dawson; and for other purposes.

HB 649. By Mr. Todd of Glascock:
A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the County of Glascock; and for other purposes.

HB 650. By Mr. Miller of Miller:
A bill to amend section 1 of the Acts of the General Assembly of Georgia, entitled "An act to amend an act approved August 22nd, 1905, creating a board of commissioners of roads and revenue of Miller County"; and for other purposes.

HB 652. By Messrs. Trice, Miller and Vandiver of Bibb:
A bill providing a pension and/or retirement plan and fund for county employees of Bibb County; and for other purposes.

HB 653. By Mr. Summerour of Dawson:
A bill fixing the compensation for the tax commissioner of Dawson County; and for other purposes.

HB 654. By Mr. Summerour of Dawson:
A bill creating a county board of education for Dawson County; and for other purposes.

THURSDAY, FEBRUARY 17, 1949

618

HB 657. By Mr. Dunn of Seminole:
A bill to amend an act approved August 20, 1906, which act created a new charter for the Town of Donalsonville, so as to increase the corporate limits of the City of Donalsonville; and for other purposes.

HB 658. By Mr. Dunn of Seminole:
A bill to abolish the offices of tax receiver and tax collector of Seminole County, and to create in lieu thereof, the office of tax commissioner; and for other purposes.

HB 660. By Messrs. Bargeron and Cates of Burke: A bill to amend the charter of the Town of Sardis; and for other purposes.

HB 662. By Mr. McLaughlin of Wayne: A bill to amend the charter of the City of Odum; and for other purposes.

HB 664. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; to extend the limits of said city to Lakewood Avenue next to the Milliron property; and for other purposes.

HB 665. By Messrs. Alverson, Walton and Smith of Fulton:
A bill establishing a new charter for the City of East Point; to extend the limits of said city east and west of Sylvan Road to a point 200 feet south of Lakewood Road; and for other purposes.

HB 667. By Messrs. Alverson, Smith and Walton of Fulton: 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.
HB 670. By Messrs. Pittman of Tift, Sumner of Worth and Harden of Turner: A bill to amend an act to abolish the fee system now existing in the superior courts of the Tifton Judicial Circuit; and for other purposes.
HB 693. By Messrs. Bledsoe and Britton of Whitfield: A bill to amend, consolidate and supersede an act approved February 24, 1874, incorporating the City of Dalton; and for other purposes.
HB 694. By Messrs. Bledsoe and Britton of Whitfield: A bill to amend an act approved February 24, 1874, entitled "An act to consolidate, amend and codify the various acts incorporating the City of Dalton; and for other purposes.

614

JOURNAL OF THE SENATE,

HB 696. By Messrs. Bledsoe and Britton of Whitfield :
A bill to amend the charter of Dalton and provide for the collection of additional ad ~alorem taxes therein; and for other purposes.

The following local bills of the House were read the third time and put upon their passage:
HB 430. By Messrs. Alverson, Smith and Walton of Fulton: A bill establishing a new charter for the City of East Point; and for other purposes.
The report 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 487. By Messrs. Smith, Walton and Alverson 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 495. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act incorporating the City of Manchester (now the City of College Park) ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 440. By Messrs. Smith, Alverson and Walton of Fulton:
A bill establishing a new charter for the City of East Point; creating a retirement board and a retirement plan for East Point employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 17, 1949

615

HB 515. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report 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 516. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report 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 517. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report 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 526. By Messrs. Walton of Fulton, Howard of DeKalb, McGee of Chatham, and others:
A bill to provide for the examination of warm air heating contractors in counties having a population of 85,000 inhabitants or more; to create a board of examiners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 575. By Messrs. Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; to extend the city limits to include Egan Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

616

JOURNAL OF THE SENATE,

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

HB 599. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to amend an act to provide for the appointment of stenographic reporters of city courts in counties having 65,000 to 95,000 inhabitants; to define their duties, fix their compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 631. By Messrs. Floyd, Terrell and Moulton of Floyd:
A bill to establish a city court in the County of Floyd; and for other purposes.
The report 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 637. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill providing for the reduction in salary of the solicitor general of the Macon 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 639. By Mr. Hartley of Crawford:
A bill to amend an act which act abolished the fee system in the Macon 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pilcher of the 19th moved that the following bill of the House be taken from the Committee on Public Health, read the second time and placed on the calendar:

HB 104. By Messrs. Hunter of Troup and McLaughlin of Wayne: A bill to amend an act for the purpose of allowing dental college clinics

THURSDAY, FEBRUARY 17, 1949

617

to charge for services rendered; for the purpose of increasing the number of members of the Board of Dental Examiners ; and for other purposes.

On the motion, the ayes were 30, nays 3, and the motion prevailed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 6.

By Senator LeCraw of the 52nd:
A bill to establish a local government commission in Atlanta and Fulton County; and for other purposes.

The House oft'ered the following substitute:

A BILL
A Bill to be entitled an Act to establish a local government commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; to provide that said Commission may draft a plan or plans for such improvements to the governments of Fulton County and the City of Atlanta and alternate plans and submit them to members of the General Assembly from Fulton and DeKalb Counties; to provide for the organization of said Commission; to provide for the publication of said plan or plans; to provide for appropriations of funds from the City of Atlanta and Fulton County for the operation of the Commission; to provide for authority to accept donations; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION I. There is hereby created in Fulton County and the City of Atlanta a commission to study the problems of local governments therein and in the municipalities wholly or partly therein. Said commission shall be known as the local Government Commission of said County, hereinafter referred to as the "Commission". The said Commission shall be composed of twelve members: Judge F. M. Bird, Arthur Pew, Elfred S. Papy, Allen D. Albert, Jr., Vincent Brownlee, and A. C. Lawrence, Douglas McCurdy, Malcom A. Thompson, Kelsey D. Howington, Scott Candler, Fred L. Cannon and Hugh Burgess.
SECTION II. In the event one or more of the citizens appointed to serve on said Commission fails or refuses to serve, such fact shall not invalidate the acts of the Commission. If any member or members appointed to serve from Fulton County fails or refuses to serve, the remaining members of the Commission from Fulton County shall elect by a majority vote a citizen or citizens of Fulton County to fill the vacancy or vacancies. If any member or members appointed to serve from DeKalb County fails or refuses to serve, the remaining members of the Commission from DeKalb County shall elect by a majority vote a citizen or citizens of DeKalb County to fill the vacancy or vacancies. A majority of the persons serving as members of the Commission shall constitute a

618

JOURNAL OF THE SENATE,

quorum to do business but a less number may adjourn from time to time. The Commission shall elect a chairman, vice-chairman and a secretarytreasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the governments of Fulton County and the City of Atlanta. The first meeting of the Commission shall be held in the courthouse of Fulton County at two o'clock in the afternoon of the fourth Friday following the approval of this Act by the Governor. The Mayor and General Council of the City of Atlanta or the Board of Commissioners of Roads and Revenues of Fulton County upon application by the Commission shall provide suitable office space and meeting rooms for the Commission.
SECTION III. It shall be the function and duty of said Commission to make a study of the governments of Fulton County, the City of Atlanta and other municipalities wholly or partly in Fulton County and submit to the General Assembly of the State of Georgia as hereinafter provided a plan or plans for the improvement of local governments.
SECTION IV. The said Commission shall have the power and authority to hold public hearings and any Judge of the Superior Court upon application signed by the chairman and secretary-treasurer of the Commission shall issue a subpoena for the attendance of any witness or the production of any books, papers or records. In making such study the Commission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the County and the municipalities, including the law departments, for such assistance. Said Commission may employ such special, technical and clerical assistance as may be necessary to assemble the required data and information, to analyze the same and draft the plan or plans for submission of said plan or plans to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the Commission.
SECTION V. The official plan or plans, when signed by a majority of said Commission, shall be filed by said Commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th and 52nd Districts in the General Assembly of Georgia and with the Clerks of the Superior Courts having jurisdiction in Fulton and DeKalb Counties and with the City Clerk of the City of Atlanta on the first day of the next session of the General Assembly following January 1, 1950. The Commission shall provide for the publication of a reasonable number of copies of its plan or plans for distribution.
SECTION VI. There is hereby appropriated out of the Fulton County funds derived from sources other than taxes, the sum of Twelve Thousand Five Hundred Dollars and out of the funds of the City of Atlanta, the sum of Twelve Thousand Five Hundred Dollars for the purpose of carrying out the purposes of this Act, which are declared to be administrative functions of county and municipal government. Forty percentum of said amounts shall be paid over to said Commission as soon as said Commission has formally organized as herein provided and has made formal request for same. Requisitions for additional amounts up to the

THURSDAY, FEBRUARY 17, 1949

619

total amounts herein appropriated shall be signed by the chairman and the secretary-treasurer of said Commission and shall be paid by the official in charge of county or city funds.
SECTION VII. The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission.
SECTION VIII. It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purposes is in all respects for the benefit of the people of the City of Atlanta, Fulton County and municipalities located wholly or partly therein and is a public purpose and that the Commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act.
SECTION IX. This Act, being for the welfare of the citizens of Fulton County, the City of Atlanta and other municipalities wholly or partly within Fulton County, shall be liberally construed to effect the purposes thereof.
SECTION X. The provisions of this Act are separable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION XI. All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION XII. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law.

Senator LeCraw of the 52nd moved that the Senate agree to the House substitute.
On the motion to agree, the ayes were 30, nays 0, and the substitute was agreed to.

The following general bills and resolutions of the House were read the third time and put upon their passage:
HB 301. By Mr. Twitty of Mitchell:
A bill creating the positions of chief justice emeritus and associate justice emeritus, so as to make further and additional provisions for the eligibility of persons for appointment for such positions; and for other purposes.

Senator Pilcher of the 19th offered the following amendment:
Amend HB 301 by adding a new section thereto to be known as Section 3 and to renumber Section 3 Section 4, said Section 3 to read as follows:

620

JOURNAL OF THE SENATE,

Be it further enacted by the General Assembly that Section 6 of the Act approved March 30, 1937, which reads as follows:
"Be it further enacted, that in the event any member of the Supreme Court shall resign his position under the provisions of this Act, and the Governor's appointee to fill such vacancy is 60 years of age or over, such appointee shall not be eligible to appointment as a Justice Emeritus until he shall have had 15 years' unbroken active service on the Supreme Court.''
be and the same is hereby stricken 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 bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 180. By Mr. Gross of Stephens:
A bill to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes; and for other purposes.
The report 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 Purdom of the 46th moved that the Senate do now recess until 2 o'clock, and the motion prevailed.
The Senate reconvened at 2 o'clock and resumed the regular order of business.

HB 459. By Messrs. Walton, Smith and Alverson of Fulton, and Howard, Hubert and McWhorter of DeKalb:
A bill to amend the "Hospital Authorities Law" so as to clarify, fix and specify the number of trustees in those cases where there are two or more participating units; and for other purposes.
The report 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 160. By Messrs. Durden and Davis of Dougherty:
A bill to provide for certified public weighers, to provide for appointment of same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 17, 1949

621

On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 396. By Mr. Leach of Rockdale:
A bill to amend an act to provide for the hours of holding all general, special and primary elections in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 272. By Messrs. Twitty of Mitchell and Lewis of Hancock:
A bill to amend an act so as to define the effect of the final order of adoption upon the status of an adopted child; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 446. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel, Gross of Stephens, and Tuten of Bacon:
A bill to provide for the election and inauguration of the Governor with the effect thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 7.
The bill, having received the requisite constitutional majority, was passed.
HB 447. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel, Gross of Stephens, and Tuten of Bacon:
A bill to further regulate primary elections; to provide for the qualification of candidates for state offices at such primary elections; to define the duties and prescribe the powers of the party authorities with respect thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed.

BB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to authorize or prohibit the operation of motion pictures on Sundays; and for other purposes.

622

JOURNAL OF THE SENATE,

Senator Cochran of the 7th offered the following substitute:

A BILL
To be entitled an Act to provide a method for legalizing the operation of motion picture theatres and athletic events, games and contests, on Sundays in counties and cities where they are now being operated; to permit the operation of motion picture theatres and athletic events, games and contests on Sundays; to prescribe the conditions therefor; to provide for referenda under certain conditions; to provide penalties for violation; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
Since motion picture theatres are being operated, and athletic events, games and contests are being held, on Sundays in most of the principal towns and cities of the State, it is hereby declared to be the policy of this State that a method should be provided whereby the citizens of any town or county may provide for the operation or prohibit the operation of motion picture theatres, and for the holding of athletic events, games and contests, or for prohibiting the same, on Sundays.

Section 2.
It shall be lawful for the operator or operators of motion picture theatres in any county in the State to operate such theatres on Sundays, and for those sponsoring or holding athletic events, games and contests, to hold the same on Sundays, provided, that before such operations or such athletic events, games and contests, shall be lawful, the operator or operators of such theatre or theatres, or the sponsors of such events, games and contests, as the case may be, shall first obtain a permit from the mayor and council or other governing body of any municipal corporation within which such a theatre or theatres are located, or such events, games and contests are held; or, if such theatre or theatres or the location of such events, games or contests, lies outside the limits of any municipal corporation, such permits shall be first obtained from the Board of County Commissioners, or other governing body or governing officer of the county in which such theatres may be located, or where such events, games and contests are held.

Section 3.
If any such permit is refused by the mayor and council, or other governing body of any municipal corporation for the operation of any theatre or athletic event, game or contest, as the case may be, within the limits of such municipal corporation; or, such refusal is made by the Board of County Commissioners or other governing official or governing body of the county as to theatres, or as to such events, games or contests, as the case may be, within the county, but outside of any municipal corporation, then, upon the presentation of a petition to the mayor and council, or the governing body of any municipal corporation, or to the Board of County Commissioners or other governing official or governing body of the county, if said theatres or the places for holding such athletic events, games or contests, lie outside the limit of any municipal corpora-

THURSDAY, FEBRUARY 17, 1949

623

tion, bearing the names of at least 25 per cent of the registered voters of said municipal corporation, or county, as the case may be, requesting that such permits be issued, then it shall be the duty of the governing bodies of such municipal corporations or counties, as the case may be, to issue such permits.
Section 4.
If any such permits shall be issued as provided in the preceding sections thereof by the authorities therein mentioned, and such authorities shall be presented with any petition containing the names of at least 25 per cent of the registered voters of such municipal corporations, or county, as the case may be, opposing the issuance of such permit, shall be the duty of the authority empowered to issue such permits to call an election to be held within sixty days for submission of the question to determine whether such theatres shall be allowed to operate, or such athletic events, games or contests, shall be held, within such municipal corporation, or county, as the case may be, during the ensuing year; provided, however, that no more than one such election shall be held in any one calendar year.
Section 5.
The list of registered voters at the last prjlceding general election in said municipal corporation, or county, as the case may be, shall be used for the verification of such petitions, provided for herein, as may be so submitted.
Section 6.
Any person or persons, whether owners, operators or managers of any such theatres as may be operated on Sundays, or any person or persons, whether sponsors, owners or managers of any such athletic events, games or contests, as may be held on Sundays, without first obtaining a permit as provided for in this act shall be punished as for a misdemeanor.
Section 7.
All laws or parts of laws in conflict with this law be, and the same are hereby repealed.

Senator Harrison of the 17th offered the following amendment:
Amend Senate substitute to HB 403 as follows:
Beginning after the word "provided" in line 4, section 2, and striking the remainder of this section in its entirety and adding the following language immediately following the word "provided": That thirty-five (35) percent of the qualified voters of any municipality or county, whichever the case might be, petition the governing authorities of the municipality or county for an election on the subject matter contained in this bill. In the event said election is properly petitioned, then it becomes the duty of the governing authorities to call said election. At said election if a majority of the voters should approve the showing of movies, the operation of athletic contests, or otherwise, then it becomes the duty of the governing authorities to license said exhibitions. In the event the majority do not favor said showing of movies or the operation of athletic

624

JOURNAL OF THE SENATE,

contests or otherwise, then said governing authorities shall not issue said license.
On the adoption of the amendment, the ayes were 31, nays 15, and the amendment was adopted.
Senator Harrison of the 17th offered the following amendment:
Amend Senate substitute to HB 403 by adding at the end of section 2 the following language:
In the event Sunday movies are licensed in a community that each operator or licensee shall be required to show a religious subject or subjects at least once each month.
On the adoption of the amendment, the ayes were 24, nays 13, and the amendment was adopted.

Senators Cochran of the 7th and Harrison of the 17th offered the following amendment:
Amend section 1 of the Senate substitute to HB 403 by adding a new sentence at the end of section 1 to read as follows :
Nothing in this Act shall legalize horse or dog racing within the State of Georgia.
The amendment was adopted.

Senator Swint of the 26th offered the following amendment:

Amend Senate substitute to HB 403 by adding a new section thereto to be numbered as Section 7 and read as follows:

Section 7. Any theatre operating on Sunday under the provisions of this Act, in any municipality or county, shall pay to the governing body of said municipality or county ten (10) percent of the gross receipts derived from operating on Sunday to be used for such charitable purposes within the municipality or county as said governing body may direct.

On the adoption of the amendment, the ayes were 27, nays 20, and the amendment was adopted.

On the adoption of the substitute as amended, Senator Harrison 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:

Ansley Blalock Brooks Bryant Clary Cochran Davis Dykes Eve Garrett Gholston Grayson

Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Overby Pilcher Purdom

Rackley Rich Roddenberry
Saunders Smith Statk Swint Tarver Turner Williams Wright Zellner

THURSDAY, FEBRUARY 17, 1949

625

Those voting in the negative were Senators:

Boyett Foster Harrison LeCraw

Massey Newton Padgett Peterson

Pittman Rowland Sims

On the adoption of the substitute as amended, the ayes were 36, nays 11, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute as amended.

On the passage of the bill by substitute as amended, the ayes were 31, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following bill of the House was taken up for the purpose of considering a Senate amendment thereto.
HB 302. By Mr. Twitty of Mitchell:

A bill to amend an act creating the office of judge emeritus, so as to make further and additional provisions for the eligibility of persons for such offices; and for other purposes.

Senator Pilcher of the 19th moved that the Senate recede from its position in amending HB 302.

On the motion to recede, the ayes were 35, nays 0, and the motion prevailed.

The following bill of the House was taken up for the purpose of considering a House amendment thereto:
HB 334. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to authorize the county authority in counties of 300,000 or more population to regulate the parking of vehicles upon public roads, streets and highways in unincorporated areas; and for other purposes.
The. House amendment was as follows:
By Messrs. Hubert, Howard and MeWhorter of DeKalb:
Amend HB 334 by striking from the caption and from Sections 1, 2 and 3 wherever they appear therein the words and figures "having a population of 300,000 or more" and substituting in lieu thereof the words and figures "having either wholly or partially within their boundaries a city having a population of 300,000 or more."
On the motion to agree, the ayes were 35, nays 0, and the amendment was
agreed to.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Smanuel, and others:
A bill to provide a Minimum Foundation for Education in Georgia; and for other purposes.

626

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the Senate insist on its position on HB 140 and that a committee of conference be appointed.
The motion prevailed and the President appointed as a committee of conference Senators Tarver of the 48th, Dykes of the 14th, and Land of the 24th.
The following resolution of the House was read the third time and put upon its passage :

HR 53. By Mr. Kennedy of Tattnall:
A resolution to pay damages to personal property of Clarence Smith caused by operation of Georgia State Prison at Reidsville; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Ansley Boyett Brooks Clary Cochran Coleman Daniel Davis Dykes Florence Foster

Garrett Gholston Harrison Higginbotham Land, 51st Layton LeCraw Mason Massey Overby Padgett

Pilcher Pittman Rackley Rich Roddenberry Rowland Saunders Sims Swint Williams Zellner

Those voting in the negative were Senators Jones and Purdom.

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

On the adoption of the resolution, the ayes were 34, nays 2.

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

The following resolution was read and adopted:
SR 43. By Senator Turner of the 34th:
RESOLUTION
Whereas, the present insurance laws of Georgia are incomplete and in many respects contradictory, ambiguous, overlapping and doubtful in meaning, some of them obsolete and others not adjusted to the public insurance demands and to new methods of conducting the insurance business; and,

THURSDAY, ~'EBRUARY 17, 1949

627

Whereas, the insurance business has recently been declared by the Supreme Court of the United States to be interstate commerce and, therefore, potentially subject to exclusive regulation by Congress; and,
Whereas, the Congress by Public Law 15, enacted in 1945, has declared that the insurance business shall be subject to regulation by Congress to the extent that such business is not regulated by state law; and many states are now adopting new insurance laws and new insurance codes to the end that the regulation thereof and the tax revenues therefrom may be retained by the states,
Therefore, be it resolved by the Senate, the House of Representatives concurring, that the Governor is hereby directed to appoint a commission of 10 capable and qualified persons, one of whom shall be the Insurance Commissioner of Georgia, for the purpose of studying the insurance needs of the State and for preparing and presenting to the General Assembly a new insurance Code, the same to incorporate therein any new insurance laws now needed and to omit therefrom any laws not now needed or that may be obsolete or repealed by implication, and to be, on the whole, a clear, consistent and harmonious up-to-date division and re-statement of the insurance laws of the State. The said commission shall be composed of persons chosen from and representative of the various branches of the insurance industry, the practicing attorneys of the State and the general public.
Be it further resolved by the Senate, the House of Representatives concurring, that said commission shall, after its members have been appointed and they have accepted their appointment, be convened by the Insurance Commissioner for the purpose of organizing, making an estimate of the time and expense as will, in its judgment, be required to prepare such provision and recodification of the insurance laws of the State; and resolve further that in order to expedite such revision, the commission may, in its discretion, sub-divide its work and assign one or more sub-divisions or subjects to committees or sub-committees thereof; such estimate of time and expense to be embodied in a report to the Governor and to the General Assembly, and to be made at this or a subsequent session thereof; and
Be it further resolved by the Senate, the House of Representatives concurring, that no expense shall be concurred under this resolution unless or until the General Assembly shall hereafter provide therefor by an appropriation.

The following resolution was read and adopted:
By Senator McCoy of the 4th:
A RESOLUTION
Whereas, a member of our body, Honorable Lee S. Purdom, the Senator from the 46th, has for the past 5 years served this State and nation efficiently and well as Property and Disbursement Officer of the State Guard, and,
Whereas, during this distinguished service he was able to secure the loan of sufficient property from the Federal Government to carry on the activities of the State Guard, and,

628

JOURNAL OF THE SENATE,

Whereas, all losses and damages to the property thus borrowed from the Federal Government has been satisfactorily explained, a final audit has been made, and a bond covering his activities as Property and Disbursement Officer has been terminated, and,
Whereas, he has been able to achieve this outstanding record, through his ability to recognize the capabilities of others, his admirable spirit of cooperation with others, and his sincere determination to conscientiously perform a good job as a public servant of his State.
Now, therefore, be it resolved that this body extend to our colleague, Honorable Lee S. Purdom, the Senator from the 46th, our sincere thanks, appreciation and recognition of his outstanding service as Property and Disbursement Officer of the Georgia State Guard.

Senator Foster of the 40th moved that the Senate do now adjourn, and the motion prevailed.

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

FRIDAY, FEBRUARY 18, 1949

629

Senate Chamber, Atlanta, Georgia.

Friday, February 18, 1949.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of he 46th reported that the journal of yesterday's proceedings had been examined and found correct.

Senator Davis of the 27th moved that the Senate reconsider its action in passing the following bill of the House:
HB 446. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, and others:
A bill to provide for the election and inauguration of the Governor and the effect hereof; and for other purposes.
On the motion to reconsider, the ayes were 6, nays 25, and the motion was lost.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pilcher of the 19th 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 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 President shall call bills and resolutions for passage in the order that he sees fit.
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 constitutJonal majority the following bills and resolutions of the Senate, to wit:

630

JOURNAL OF THE SENATE,

SB 35. By Senators Roddenberry of the 3rd, Housley of the 32nd, Ursrey of the 54th, and others:
A bill fixing the rate of mileage for officers, officials, and employees of the state for the operation of automobiles on official business; and for other purposes.

SB 38. By Senator Turner of the 34th:
A bill to amend section 56-216 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section making the provisions of said section apply to all participating politics whether issued by mutual or stock companies; and for other purposes.

SB 70. By Senators LeCraw of the 52nd and Roddenberry of the 3rd:
A bill to provide that the income tax returns of all men and women serving in the armed forces of the U. S. between January 1, 1941, and the termination of World War II shall be computed so as to allow a deduction from the gross income for any year of so much of the compensation for such service as does not or did not exceed $1500 dollars in addition to all other deductions allowed by law; and for other purposes.

SB 90. By Senator Grayson of the 1st:
A bill to amend and revise the law applicable to the Georgia Real Estate Commission; repealing all laws in conflict herewith; and for other purposes.

SR 7.

By Senator Purdom of the 46th:
A resolution to officially designate State Highway Route 121 from Baxley to Race Pond via Blackshear and Hoboken as "The Brantley Memorial Highway."

SR 9.

By Senator Pilcher of the 19th:
A resolution requesting the Supreme Court, under its rule making power, to extend for an additional 12 months, the rule granting veterans of armed forces six points on examination for admission to the bar; and for other purposes.

SR 32. By Senator Cochran of the 7th:
A resolution to provide that the County of Thomas board of education may use tax funds belonging to the State of Georgia and/or the County of Thomas in payment of funeral expenses for a child killed by a school bus in Thomas County; and for other purposes.
The House has agreed to Senate amendment to the following bill of the House, to wit:
HB 529. By Messrs. Davis of Bartow, Pannell of Murray, Evitt of Catoosa, and others:
A bill to supplement the salary of the judge of the superior courts of the Cherokee Judicial Circuit; and for other purposes.

FRIDAY, FEBRUARY 18, 1949

631

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to wit:

SB 12. By Senator Purdom of the 46th:
A bill to prohibit the use of traps, poisons, drugs, etc., for hunting wild game; to define night hunting; to provide penalties; and for other purposes.

SB 117. By Senators Eve of the 18th, LeCraw of the 52nd, and Grayson of the 1st:
A bill to amend statutes of Georgia relating to venue and enlarging the discretionary powers of superior and city courts of the state to decline jurisdiction of civil cases arising out of the state wherein the plaintiff and defendant are both non-residents of the state; and for other purposes.

SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the Code of 1933 and substituting a new section giving right to examine jurors in civil causes, touching their competency, relationship; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolution of the House, to wit:
HR 107. By Mr. Barrett of Pike: A resolution for the relief of principal and security on bond of W. T. or Tom Foster in Pike Superior Court, Pike 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 disagreed to Senate amendment to the following resolution
of the House, to wit:
HR 48-257a. By Mrs. Blitch of Clinch: A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states; and for other purposes.
Senator Housley of the 32nd 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 chair-

632

JOURNAL OF THE SENATE,

man, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 82. SB 32.
Respectfully submitted, Housley of 32nd District, Chairman

Mr. Ayers of the 13th 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 697. Do Pass.

HB 540. Do Pass.

HB 427. Do Pass as amended.

HB 634. Do Pass as amended.

HB 684. Do Pass.

HB 578. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Smith of the 37th 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 and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 453. Do Pass.
HB 359. Do Pass. HR 90-627a. Do Pass as amended.
HR 92. Do Pass as amended.
HB 274. Do Pass.

FRIDAY, FEBRUARY 18, 1949

633

HB 275. Do Pass. HR 30-171c. Do Pass. HR 62-418a. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Boyett of the 11th District, chairman of the Committee on Pensions, submitted the following report :

Mr. President:
Your Committee on Pensions 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 484. Do Pass.

Respectfully submitted, Boyett of 11th District, Chairman

Mr. Overby of the 33rd 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 592. Do Pass.

HB 475. Do Pass.

HB 426. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. Higginbotham of the 31st 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 651. Do Pass by substitute.

HB 673. Do Pass as amended.

Respectfully submitted, Higginbotham of 31st District, Chairman

634

JOURNAL OF THE SENATE,

Mr. Garrett of the 53rd 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 286. Do Pass.

Respectfully submitted, Garrett of 53rd District, Chairman

Mr. Ayers of the 13th 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 the same back to the Senate with the following recommendations:

SB 135. Do Pass.

SB 134. Do Pass. HB 690. Do Pass. HB 687. Do Pass. HB 675. Do Pass. HB 698. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Turner of the 34th District, 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 402. Do Pass. HB 663. Do Pass.

Respectfully submitted, Turner of 34th District, Chairman

FRIDAY, FEBRUARY 18, 1949

635

Mr. McCoy of the 4th 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 bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 268. Do Pass.

Respectfully submitted, McCoy of 4th District, Chairman

Mr. W. B. Cochran, Jr., of the 7th 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 bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 20. Do Pass.

Respectfully submitted, Cochran of 7th District, Chairman

Mr. Stark of the 35th District, chairman of the Committee on Halls and Rules, submitted the following report:
Mr. President: Your Committee on Halls and Rules 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 549. Do Pass.
HB 700. Do Pass.
Respectfully submitted, Stark of 35th District, Chairman

636

JOURNAL OF THE SENATE,

Mr. Brooks of the 50th 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 57-341c. Do Pass.

HR 39-208a. Do Pass.

HR 41-227a. Do Pass. HB 123. Do Pass.

HR 75-494b. Do Pass.

HR 52-29lc. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

Mr. Higginbotham of the 31st 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 703. Do Pass.
HB 679. Do Pass.
HB 691. Do Pass.

HB 701. Do Pass.

HB 676. Do Pass.

HB 685. Do Pass.

HB 678. Do Pass. HB 626. Do Pass.

Respectfully submitted,

Higginbotham of 31st District,

Chairman

FRIDAY, FEBRUARY 18, 1949

637

Mr. Rich of the 8th District, chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following resolution and bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SR 36. Do Pass.
HB 339. Do Pass.
HB 567. Do Pass.
Respectfully submitted,
Rich of 8th District,
Chairman

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, has hereby submitted the following report:
Mr. President:
Your Committee on Agriculture 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:
HB 706. Do Pass.
HR 82-573a. Do Pass.
Respectfully submitted,
Tarver of 48th District,
Chairman

Mr. Padgett of the 6th District, vice chairman of the Committee on Game and Fish, submitted the following report:
Mr. President: Your Committee on Game and Fish has had under consideration the follow-
ing bills of the House and has instructed me, as vice chairman, to report the same back to the Senate with the following recommendations:
HB 438. Do Pass. HB 298. Do Pass. HB 209. Do Pass.
Respectfully submitted, Padgett of 6th District, Vice Chairman

638

JOURNAL OF THE SENATE,

Mr. Williams of the 20th District, chairman of the Committee on Public Welfare, submitted the following report:

Mr. President: Your Committee on Public Welfare has had under consideration the follow-
ing 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 325. Do Pass.
HR 69-457b. Do Pass. Respectfully submitted,
Williams of 20th District,
Chairman

Mr. Swint of the 26th 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 and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HR 80-540a. Do Pass. HB 360. Do Pass.
Respectfully submitted, Swint of 26th District, Chairman
Mr. Overby of the 33rd 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:
HB 604. Do Pass. HB 193. Do Pass. HB 436. Do Pass. HB 435. Do Pass. SB 136. Do Pass.
Respectfully submitted, Overby of 33rd District, Chairman

FRIDAY, FEBRUARY 18, 1949

639

Mr. Zellner of the 22nd 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 477. Do Pass. HB 493. Do Pass.

HB 406. Do Pass.

Respectfully submitted,

Zellner of 22nd District,

Chairman

Mr. Pittman of the 42nd 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 415. Do Pass.

HB 276. Do Pass.

HB 220. Do Pass as amended.

HB 328. Do Pass.

HB 681. Do Pass.

Respectfully submitted, Pittman of 42nd District,

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 20. By Senators Rich of the 8th, Zellner of the 22nd, Gholston of the 30th and others :
A bill to authorize the Georgia Public Service Commission to prescribe uniform regulations for safety in the design, construction, location, installation and operation of equipment for storing, handling and transporting liquified petroleum gases ; to provide for license to dealers; and for other purposes.

640

JOURNAL OF THE SENATE,

SB 134. By Senator Massey of the 44th:
A bill to increase the salary of the tax commissioner of Dade County; and for other purposes.

SB 135. By Senator Zellner of the 22nd:
A bill to fix the salary of the Commissioners of Roads and Revenues of Monroe County, Georgia, at $600.00 per annum each; and for other purposes.

SB 136. By Senator Roddenberry of the 3rd:
A bill to provide for state control and regulation over all state property and streets adjacent to same; to provide for state control and jurisdiction of streets or highways adjacent to state owned property; and for other purposes.

SR 36. By Senator Bryant of the 43rd:
A resolution to designate state highway route No. 71 from Dalton to the Tennessee line as the "Doug Puryear Highway"; and for other purposes.

HR 57-341c. By Mr. Leach of Rockdale:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945, so as to provide for the division of Rockdale County into school districts; and for other purposes
HR 62-418a. By Mr. Cagle of Pickens:
A resolution to compensate Hon. Howard Cagle, sheriff of Pickens County, for his 1946 Ford automobile which was wrecked by a member of the Georgia State Patrol while in pursuit of a speeding automobile; and for other purposes.
HR 69-457b. By Messrs. Hinson of Ware and Twitty of Mitchell:
A resolution to compensate W. E. McDuffie and E. B. Dayo for expenses incurred from injuries incurred in an automobile accident and W. B. Hitchcock for expenses incurred for injuries in a gun battle while in the line of duty of the Georgia State Patrol; and for other purposes.
HR 75-494b. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the maintenance of streets, sidewalks and curbing; and for other purposes.
HR 82-573a. By Mr. Chastain of Thomas:
A resolution to appoint a committee from House and Senate to negotiate a reciprocal agreement on behalf of Georgia poultry and egg producers; and for other purposes

FRIDAY, FEBRUARY 18, 1949

641

HR 90-627. By Messrs. McMillan of Washington and Davis of Bartow:
A resolution resolving for the appointment of a sub-committee of General Judiciary No. 1 to confer with the Georgia Bar Association relevant to establishing requirements for admission to the bar of Georgia.

HR 92. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution providing for continuing work of tax revision committee; and for other purposes.

HB 123. By Messrs. Barton and Johnson of Hall:
A bill to propose to the qualified voters of Georgia amendment to article 7, section 7, paragraph 1 of the Constitution of Georgia; and for other purposes.

HB 143. By Messrs. Griggs of Habersham, Page of Chatham, Gross of Stephens, Jolly of Franklin, Collier of Oglethorpe and Turk of Banks.
A bill to extend the provisions of the merit system to include the employees of the Public Service Commission; and for other purposes.

HB 209. By Messrs. Langdale of Lowndes, Buie of Camden, Wilkes of Cook and others:
A bill to abolish the office of county game warden; providing for the appointment of state game wardens and state deputy game wardens; and for other purposes.

HB 220. By Messrs. Smith of Haralson, Cook of Chattooga, Kemp of Clayton and others:
A bill to amend certain portions of the Georgia Workmen's Compensation Act; and for other purposes.

HB 268. By Mr. Gross of Stephens:
A bill to repeal an act which section sets out the qualifications of dental nurses and dental hygienists; to provide for examination of applicants; and for other purposes.

HB 274. By Mr. Gross of Stephens:
A bill to amend an act entitled "An act to classify property for taxation; to levy taxes on certain classes of intangible personal property"; and for other purposes.

HB 275. By Mr. Gross of Stephens:
A bill to amend section 92-3105 of the Code of Georgia of 1933 as amended; and for other purposes.

HB 276. By Mr. Gross of Stephens:
A bill to amend an act to limit to seven years the effect of filing for record and mortgage, bill of sale to secure debt; and for other purposes.

642

JOURNAL OF THE SENATE,

HB 286. By Messrs. Willingham of Cobb, Gross of Stephens and others:
A bill to amend section 92-3109 of the Code of Georgia by providing for certain deductions from gross income of federal income taxes accrued and paid by veterans; and for other purposes.

HB 298. By Messrs. Langdale of Lowndes, Wilkes of Cook and Wetherington of Echols:
A bill to amend an act entitled "An act to provide for the payment of a license by certain persons fishing within the State of Georgia; and for other purposes.

HB 325. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act relating to the commitment of violently insane persons; and for other purposes.

HB 328. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to provide the appointment of a qualified attorney to represent the ordinary in lunacy cases; to provide compensation for such attorney; and for other purposes.

HB 339. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize the State Highway Department in counties with certain population to establish limited access highways and local service roads within the limits of such counties; and for other purposes.

HB 359. By Mr. Miller of Bibb:
A bill amending an act providing how guardians and other fiduciaries may sell stocks and bonds; and for other purposes.

HB 360. By Mr. Miller of Bibb:
A bill to amend an act amending, rev1smg and perfecting the corporation laws of this state; and for other purposes.

HB 402. By Mr. Howard of DeKalb:
A bill to amend an act providing for placing felony prisoners on probation by the court; and for other purposes.

HB 406. By Messrs. Duncan of Carroll, Twitty of Mitchell, Smith of Haralson and others:
A bill requiring school boards that operate school busses to cause policies of insurance to be issued insuring the children and general public; and for other purposes.

HB 415. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend an act to provide for an increase in the permissable maximum which proper county authorities may contribute annually for support of each child committed to the Georgia Industrial Home; and for other purposes.

FRIDAY, FEBRUARY 18, 1949

648

HB 426. By Mr. Willingham of Cobb:
A bill to authorize the State of Georgia to transfer by deed to Edwin Channell a tract of land located on the west side of Powder Springs Street in the City of Marietta; and for other purposes.

HB 427. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to supplement the salaries of the judges and the solicitor general of the Criminal Court of Fulton County; and for other purposes.

HB 435. By Messrs. Lewis of Hancock, Ryle of Ware and others: A bill to amend an act establishing the Department of Labor; and for other purposes.
HB 436. By Messrs. Gross of Stephens, Lewis of Hancock, Walton of Fulton and others: A bill to amend an act known as the unemployment compensation act; and for other purposes.
HB 438. By Mr. Langdale of Lowndes: A bill to amend an act to regulate the sale and distribution of hunting and fishing licenses; to provide that such licenses shall be sold by the State Revenue Commissioner or his agent; and for other purposes.
HB 458. By Messrs. Risner of Hart, Gross of Stephens and Bell of Elbert: A bill to amend an act approved January 31, 1946 (Georgia Laws 1946, pp. 191-203 incl.); and for other purposes.
HB 475. By Messrs. Moulton of Floyd and Wilkes of Cook: A bill to amend an act entitled, "An act to establish a retirement system for aged and incapacitated teachers"; and for other purposes.
HB 477. By Mr. Pittman of Tift: A bill consolidating the schools of Tifton and Tift County; and for other purposes.
HB 484. By Messrs. Buie of Camden, Gross of Stephens, Willis of Thomas and others: A bill to increase the pensions of Confederate soldiers' widows from fifty to seventy-five dollars per month; and for other purposes.
HB 493. By Messrs. Ellis of Coffee, Moulton of Floyd and Wilkes of Cook: A bill to amend an act establishing a teachers' retirement system in Georgia; and for other purposes.

644

JOURNAL OF THE SENATE,

HB 540. By Messrs. Holloway of Schley, Coogle of Macon, Stocks of Lee and others:
A bill to amend an act entitled "An act to provide a salary for the official court reporter of the Southwestern Judicial Circuit; and for other purposes.

HB 549. By Mr. Miller of Bibb:
A bill to amend an act relating to bells, whistles, and headlights on locomotives; and for other purposes.

HB 567. By Messrs. Adams of Wheeler, McCracken of Jefferson and Coleman of Richmond:
A bill to amend an act regulating the use of public highways; and for other purposes.

HB 578. By Mr. Kennedy of Tattnall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue of Tattnall County so as to change the method of electing and the salaries of said board; and for other purposes.

HB 592. By Messrs. Lewis of Hancock and Gross of Stephens:
A bill providing the State Librarian and the Library Department be covered by the state merit system of personnel administration; and for other purposes.

HB 604. By Messrs. McMillan of Washington, Meeks of Union, Blitch of Clinch and others:
A bill to create a Jekyll Island State Park Authority; and for other purposes.

HB 626. By Mr. Myers of Sumter:
A bill to authorize all incorporated towns and cities of the State of Georgia to open or close streets, or alleyways, or parts thereof; and for other purposes.
HB 634. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act fixing the salaries of the ordinaries in all counties with a certain population; and for other purposes.
HB 651. By Mr. Raulerson of Pierce:
A bill to revise, renew and consolidate the charter of the Town of Patterson; and for other purposes.
HB 663. By Messrs. Gross of Stephens and Lewis of Hancock: A bill to provide that persons licensed to act as agents of fire or casualty insurers in Georgia may also be licensed by the Insurance Commissioner to place excess lines of fire or casualty insurance in companies; and for other purposes.

FRIDAY, FEBRUARY 18, 1949

645

HB 673. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 675. By Mr. Summerour of Dawson:
A bill to provide for holding three terms of court in Dawson County; and for other purposes.

HB 676. By Mr. Griggs of Habersham:
A bill to amend an act repealing the charter of the City of Demorest; and for other purposes.

HB 678. By Mr. Kemp of Clayton:
A bill amending an act incorporating the Town of Forrest Park; and for other purposes.

HB 679. By Mr. Smiley of Liberty:
A bill to repeal an act incorporating the City of Lambert; and for other purposes.

HB 681. By Messrs. Hubert, Howard, McWhorter of DeKalb and others:
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 for other purposes.

HB 684. By Messrs. Nightingale and Gowen of Glynn:
A bill amending an act creating a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes.

HB 685. By Messrs. Edenfield and Smith of Emanuel:
A bill to amend an act relating to the charter of the Town to Twin City in the County of Emanuel; and for other purposes.

HB 687. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act to regulate the payment of compensation out of the county treasury of official court reporters, in counties of 200,000 or more; and for other purposes.

HB 690. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to provide for the compensation of the treasurer of Floyd County;_ to repeal conflicting laws; and for other purposes.

HB 691. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta; and for other purposes.

646

JOURNAL OF THE SENATE,

HB 697. By Mr. Hartley of Crawford:
A bill to provide for the change in the method of compensation of the tax receiver of Crawford County; and for other purposes.

HB 698. By Messrs. Baker and Mathews of Clarke:
A bill to amend an act approved August 15, 1904, incorporating the Town of Winterville; and for other purposes.

HB 700. By Mr. Briscoe of Walton:
A bill amending an act authorizing the destruction of records of various departments of state; and for other purposes.

HB 701. By Messrs. Pickard, Hollis and Shields of Muscogee:
A bill to amend an act abolishing the justice courts and office of the justice of the peace; and for other purposes.

HB 703. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to amend the charter of Macon, particularly that portion relevant to the prescription of the various wards therein; and for other purposes.

HB 706. By Messrs. Vickers and Galloway of Colquitt: A bill to amend an act promoting temperance and prosperity for Georgia people; and for other purposes.
HR 30-171c. By Messrs. Adams and Hurt of Polk: A resolution to relieve T. K. Davitte; E. E. Washbourn and other as sureties in bond; and for other purposes.

HR 39-208a. By Messrs. Page, McGee and Hood of Chatham:
A bill to amend the Constitution of the State of Georgia to authorize the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards; and for other purposes.
HR 41-227a. By Messrs. Cox and Battles of Decatur:
A resolution proposing to the qualified voters an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to create an independent school district in the City of Bainbridge; and for other purposes.

HR 52-291c.By Messrs. Howard, McWhorter and Hubert of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945 so as to authorize the General Assembly to enact laws creating a civil service commission and civil service system and merit system for employees and deputies of county officers of DeKalb County; and for other purposes.

FRIDAY, FEBRUARY 18, 1949

647

HR 80-540a. By Mr. Sheffield of Brooks:
A resolution to provide a pollution study committee to investigate pollution in our streams and to recommend to the next General Assembly proper legislation to curb pollution to the satisfaction of the people of this state and industry; and for other purposes.

HB 329. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend section 38-1501 of the Georgia Code of 1933 so as to provide compensation to peace officers for court attendance as witnesses during off-duty hours; and for other purposes.

The following resolution was read and adopted:
By Senator Pilcher of the 19th:
A RESOLUTION
WHEREAS, the members of the Senate were the guests of the Buckhead Century Club on Wednesday, February 16, 1949, at Peachtree Gardens, and
WHEREAS, the members of the Senate enjoyed the fine hospitality of the Buckhead Century Club and of the individual members who contributed to the success of the occasion, and
WHEREAS, the members of the press, who report the proceedings in the legislative halls in the State of Georgia, were most outstanding in their presentation of the skit "Legislaughter".
NOW, THEREFORE, BE IT RESOLVED by the Senate that the sincere thanks and appreciation of this body be expressed to the members of the Buckhead Century Club for the wonderful entertainment provided them last night.
BE IT FURTHER RESOLVED that the dramatic artists of the press and Miss Elsie Peacock, guest artist, be commended for their outstanding performance and are recommended for a professional career.
BE IT FURTHER RESOLVED that the secretary of the Senate be, and he is hereby authorized and directed to send a copy of this resolution to the Buckhead Century Club.
The following resolution was read and adopted:
By Senator Lunsford of the 9th and others:
WHEREAS, one of our beloved Senators, the esteemed Senator from the Twelfth, Dr. Loren Gary, has been missing from our midst for many days due to a malignant health condition wholly beyond his control and entirely against his wishes, and
WHEREAS, this beloved brother has served his people so faithfully for many years in both branches of the Georgia General Assembly, and
WHEREAS, but for the will of God to the contrary, Dr. Loren Gary would be in our midst today,

648

JOURNAL OF THE SENATE,

THEREFORE, BE IT RESOLVED, that a message of cheer and hope and faith, that our all wise God will see fit to restore Dr. Gary to his wonted health and permit him to serve his people with his wonderful storehouse of wisdom and knowledge, which he so freely shared with all the members of this Senate.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Dr. Gary.

Senator Daniel of the 49th asked unanimous consent that the following letter be incorporated in today's journal:
Mr. President:
I ask consent to have the following recorded in today's journal: "On February 17, 1949, I failed to vote on HB 403. I was temporarily out of the Senate chamber. I would have voted no if I had been present."

Senator Daniel of 49th District.

The following local bills and/or resolutions of the House and Senate were read the third time and put upon their passage :
HB 294. By Messrs. Hollis, Pickard and Shields of Museogee:
A bill to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections including primaries, in any and all counties having a population of not less than 75,484 and not more than 75,504; and for other purposes.
The report 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 395. By Mr. Smith of Haralson:
A bill to provide that in counties having a population of not less than 14,375 and not more than 14,380, where there is no City Court, the clerk of the Superior Court of such county shall attend the trial in the Court of Ordinary of such county in all eases where there is a charge for violation of the traffic laws 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1949

649

HB 396. By Mr. Leach of Rockdale:
A bill to provide for the hours of holding all general, special and primary elections in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 434. By Messrs. Barrett of Pike, Bolton and Harper of Spaulding and others:
A bill to amend an act to be called the Griffin Circuit and to be composed of the counties of Spaulding, Pike, Upson and Fayette; and for other purposes.
The report 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 430. By Messrs. Alverson, Smith and Walton of Fulton: A bill establishing a new charter for the City of East Point; and for other purposes.
The report of the committee, which was favoraflle 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 440. By Messrs. Smith, Alverson and Walton of Fulton: A bill establishing a new charter for the City of East Point; creating a retirement board and a retirement plan for East Point employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 472. By Mr. Witherington of Wilcox: A bill to amend an act approved March 24, 1939, entitled, "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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

650

JOURNAL OF THE SENATE,

HB 487. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 490. By Messrs. Alverson, Smith and Walton of Fulton:
A bill authorizing tax collectors in counties of 300,000 or more to collect any assessment, fee or charge authorized to be made by the county authority or such county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 495. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act incorporating the City of Manchester (now the City of College Park) ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 504. By Mr. Walker of Telfair: A bill creating the office of Commissioner of Roads and Revenues for 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 515. By Messrs. Walton, Alverson and Smith of Fulton: A bill establishing a new charter for the City of East Point; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 18, 1949

651

HB 516. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report 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 517. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report 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 519. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to provide that in all counties having a population of not less than 40,000 population and not more than 50,000 population, so as to change from the fee system to the salary system in such counties the annual compensation received by the clerk of the Superior Court, the sheriff, the ordinary, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 521. By Messrs. White and Griswell of Gwinnett: A bill to create a charter for the Town of Suwanee in the County of Gwinnett; to define the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 526. By Messrs. Walton of Fulton, Howard of DeKalb, McGee of Chatham and Vandiver of Bibb: A bill to provide for the examination of warm air heating contractors in counties having a population of 85,000 inhabitants or more; to create a board of examiners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional.majority, was passed.

652

JOURNAL OF THE SENATE,

HB 528. By Messrs. Kidd and Jennings of Baldwin:
A bill to increase the fee of the coroner of Baldwin County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 538. By Mr. Hill of Meriwether: A bill to provide for the compensation of the chairman and the members of the Board of Commissioners of Meriwether County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 539. By Mr. Hill of Meriwether: A bill to amend an act fixing the compensation of the treasurer of Meriwether County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 561. By Messrs. Lewis of Hancock, Key of Jasper, Tamplin of Morgan and others: A bill to authorize the judge of the Superior Courts of Ocmulgee Circuit to employ clerical help; and for other p1;1rposes.
The report 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 566. By Messrs. Alverson, Walton and Smith of Fulton and Kemp of Clayton:
A bill incorporating the City of Manchester (now College Park); to extend the limits of College Park contingent upon the approval of the people in the affected areas, and for other purposes.
The report 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.

FRIDAY, FEBRUARY 18, 1949

653

HB 575. By Messrs. Walton and Smith of Fulton:
A bill establishing a new charter for the City of East Point; to extend the city limits of East Point to include Egan Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 580. By Mr. Griggs of Habersham:
A bill to create and establish the City Court of Habersham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 584. By Mr. Jones of Lumpkin:
A bill to provide for the eligibility of members of the county board of education of Lumpkin County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 590. By Mr. Floyd of Taylor: A bill creating the office of tax commissioner of Taylor County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 593. By Mr. Miller of Miller: A bill to prohibit livestock running at large within the corporate limits 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

654

JOURNAL OF THE SENATE,

HB 599. By Messrs. Bell, Coleman and Cohen of Richmond:
A bill to provide for the appointment of stenographic reporters of the city courts in counties having 65,000 to 95,000 inhabitants; to define their duties, fix their compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 602. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to authorize the county authority of Fulton County to establish, maintain and control sewers, storm sewers, sanitary sewers, water mains, water systems and disposal plants in unincorporated areas; and for other purposes.
The report 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 603. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to create a civil service board in Fulton County, so as to clarify the status of departments and employees of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 605. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act which provides for the hours of holding all general, special and primary elections in counties having a population of more than 200,000; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 610. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to regulate the salaries of stenographic reporters of the Superior Courts of all judicial circuits having a population of not less than 50,000 or more than 55,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 18, 1949

655

On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 613. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace; to create 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 614. By Messrs. Hollis, Pickard and Shields of Muscogee:
A bill to abolish the justice courts, and office of the justice of the peace and office of notary public and ex-officio justice of the peace and to create a Municipal Court in and for the City of Columbus; to fix the salary of the clerk of the Municipal Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 615. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to abolish the justice courts, and office of the justice of peace, and office of notary public and ex-officio; and for other purposes.
The report 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 616. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to amend an act increasing the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 617. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to change and fix the salaries of the judge and solicitor of the City Court of Columbus and provide for payments of same; and for other purposes.

656

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 618. By Messrs. Hollis, Pickard and Shields of Muscogee: A bill to amend an act to create a Municipal Court in and for the City of Columbus; to authorize the judge of said Municipal Court to appoint a deputy or deputies; bailiff or bailiffs, 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 619. By Messrs. Hollis, Shields and Pickard of Muscogee: A bill to authorize and require the County of Muscogee to supplement the salary of the judge of the Superior Courts of the Chattahoochee Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 624. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 625. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur; creating the office of the city recorder; and for other puipo<;es. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1949

657

HB 627. By Messrs. Jenkins and Davis of Bartow, Hale of Dade, Barnett of Gordon and others :
A bill to amend an act relating to the salary of the solicitor general of the Cherokee Judicial Circuit so as to provide for an increase in the salary of the solicitor general; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 628. By Mr. Aultman of Houston:
A bill to amend an act to abolish the fee system now existing in the Superior Courts of the Macon 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 629. By Messrs. Cagle of Pickens and Cagle of Cherokee:
A bill to incorporate the Town of Nelson; to grant certain powers and privileges to 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 630. By Mr. Cagle of Pickens:
A bill to consolidate and supersede the several acts, incorporating the Town of Jasper in the County of Pickens; and for other purposes.
Senator Rackley of the 41st offered the following amendment:
Amend HB 630 by striking the first sentence thereof in its entirety, and substituting in lieu of said stricken sentence the following:
"The corporate limits of the Town of Jasper, Georgia, shall include a rectangular oblong, three miles long, by one and one-half miles wide, the longer dimension with a bearing north 52, 53 minutes west, and the shorter dimension with a bearing 37 7 minutes east. The center of said rectangular oblong being taken at a point 1414.2 feet south 82, 7 minutes west from a point in the center line of Main Street, in Jasper, Georgia, midway between Courthouse Street and Depot Street, as shown by survey and plat thereof made by E. C. Perrow, surveyor, of date, July 29, 1947, and recorded in plat book A, page 50, record, Pickens County, Georgia.",
so that said section 43, when so amended, shall read as follows:
"Section 43. The corporate limits of the town of Jasper, Georgia, shall include a rectangular oblong, three miles long by one and one-half

658

JOURNAL OF THE SENATE,

miles wide, the longer dimension with a bearing north 52, 53 minutes west, and the shorter dimension with a bearing 37, seven minutes east. The center of said rectangular oblong being taken at a point 1414.2 feet south 82, 7 minutes west from a point in the center line of Main Street, in Jasper, Georgia, midway between Courthouse Street and Depot Street, as shown by survey and plat thereof made by E. C. Perrow, Surveyor, of date, July 29, 1947, and recorded in Plat Book A, page 50, Record, Pickens County, Georgia. The corporate limits of the town of Jasper may be extended under the provisions of the Act approved January 31, 1946, Georgia Laws 1946, page 130, at any time or by a referendum. In the event the corporate limits are hereafter changed by a referendum, the referendum shall be called at a date determined by the governing authorities of the town, which date shall be after a period of at least thirty (30) days in which the purpose of the referendum shall be clearly and distinctly publicized in not less than three (3) weekly publications in a newspaper published in said city, and if there is no newspaper published in said city, then in the paper in which sheriff's sales are published. When the corporate limits are extended by referendum, the election laws applicable to the election of members of the General Assembly shall control. The ratification of the extension of the corporate limits of said city must be approved by a majority of the voters voting in said referendum and all qualified voters in the corporate limits of the city and in the new territory to be annexed shall be eligible to vote. Provided further, that the eligible voters within the present city limits, and those in the territory proposed to be annexed, must vote in separate ballot boxes."

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.

HB 631. By Messrs. Floyd, Terrell and Moulton of Floyd:
A bill to amend an act entitled "An act to establish a city court in the County of Floyd"; and for other purposes.
The report 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 632. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill to confer the right of eminent domain upon the commissioners of roads and revenues of Muscogee County for the purpose of condemning and securing title to 8.10 acres of land, more or less, located in land lot 34 in the Ninth district of Muscogee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1949

659

HB 636. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to re-enact the charter of the City of Macon and relating to the rights, powers and duties of said 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 637. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to repeal an act providing for the reduction in salary of the solicitor general of the Macon 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 638. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to re-enact the charter of the City of Macon relating to payments of the board of water commissioners to the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 639. By Mr. Hartley of Crawford:
A bill to amend an act which act abolished the fee system in the Macon 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 32, nays 0.
The bill, having received the requisite constitutional majority; was passed.
HB 640. By Messrs. Vickers and Galloway of Colquitt:
A bill to amend an act to create a new charter for the City of Doerun; to prescribe the time the voters registration books remain open; and for other purposes.
The report 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.

660

JOURNAL OF THE SENATE,

HB 641. My Mr. Aycock of Jenkins:
A bill to provide for the fees of the coroner of Jenkins County in connection with the holding of 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 644. By Messrs. Hinson and Ryle of Ware:
A bill to amend an act relating to the charter of the City of Waycross; to provide for a new permanent registration list of voters for elections to be held in the City of Waycross; and for other purposes.
The report 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 645. By Mr. Kitchens of Twiggs: A bill to provide for the fees for the coroner of Twiggs County in connection with the holding of 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 646. By Mr. Kitchens of Twiggs:
A bill to provide that the sheriff of Twiggs County shall be paid the sum of $150.00 per month in addition to the fees and compensation now paid to said sheriff; and for other purposes.
The report 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 647. By Mr. Kitchens of Twiggs:
A bill to amend an act entitled "Twiggs Board of Commissioners Created"; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 18, 1949

661

HB 648. By Mr. Kitchens of Twiggs:
A bill to create a board of county .commissioners of roads and revenues for the County of Dawson; and for other purposes:
The report 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 649. By Mr. Todd of Glascock:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Glascock; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 650. By Mr. Miller of Miller:
A bill creating a board of commissioners of roads and revenue for the County of Miller; and for other purposes.
The report 9f 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 652. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to provide a pension and/or retirement plan and fund for county employees and officers 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 653. By Mr. Summerour of Dawson:
A bill. to fix the compensation for the tax commissioner of Dawson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,
was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

662

JOURNAL OF THE SENATE,

HB 654. By Mr. Summerour of Dawson:
A bill to create a county board of education- for Dawson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 657. By Mr. Dunn of Seminole:
A bill to create a new charter for the Town of Donalsonville; and for other purposes.
The report 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 658. By Mr. Dunn of Seminole:
A bill to consolidate the offices of tax receiver and tax collector of Seminole County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 660. By Messrs. Bargeron and Cates of Burke: A bill to amend an act incorporating the Town of Sardis; and for other purposes.
The report 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 662. By Mr. McLaughlin of Wayne: A bill to amend an act to incorporate the City of Odum, Wayne County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1949

663

HB 667. By Mr. Alverson of Fulton:
A bill establishing a new charter for the City of Atlanta, providing for the assessment of property owners for the cost of laying water systems outside 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 670. By Messrs. Pittman of Tift, Sumner of Worth and Harden of Turner:
A bill to amend an act to abolish the fee system now existing in the superior courts of the Tifton 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 87. By Messrs. Smith, Alverson and Walton of Fulton:
A resolution to permit the Fulton County Commissioners to refund to bondsmen moneys expended on the default of bonds, where certain prisoners who had escaped and were returned by the bmondsmen; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the passage of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted:

HR 88. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution to permit the Fulton County Commissioners to refund to bondsmen (Garner) moneys expended on the default of bonds, where certain prisoners who had escaped, and were returned by the bondsman; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the passage of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator LeCraw of the 52nd moved that the Senate reconsider its action in the passage of the following bill of the House :

664

JOURNAL OF THE SENATE,

HB 667. By Mr. Alverson of Fulton:
A bill establishing a new charter for the City of Atlanta, providing for the assessment of property owners for the cost of laying water systems outside the city; and for other purposes.
The motion prevailed.
Senator LeCraw of the 52nd asked unanimous consent that HB 667 be put upon its passage, and the consent was granted.

Senator LeCraw of the 52nd offered the following amendment:
Amend HB 667 by inserting the following two sections and by renumbering Section 11 to read Section 13.
SECTION 11. 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, which point is on the land line between Land Lots 104 and 105 of the Fourteenth District of Fulton County, Georgia, one hundred fifty-eight and thirty-five hundredth (158.35) feet West of the center line of Stewart Avenue, on the northward projection of the rear line of lots in Block A of Fairmont Forest subdivision; thence South across part of Deckner Avenue and along the said rear line of lots in Block A to the north side of Claire Drive; thence west along the north side of said Claire Drive and the projection of same to the west side of Beatie Avenue, on the East property line of City of Atlanta proper known as Perkerson Park; thence north along the said west side of Beatie Avenue and the projection of same across part of Deckner Avenue to the existing corporate limits of the City of Atlanta on the land line between land lots 104 and 105; thence east along the said land line between land lots 104 and 105 to the point of beginning.
SECTION 12. 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 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 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.
The amendment was adopted.

FRIDAY, FEBRUARY 18, 1949

665

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The President presented to the Senate Lt. General Alva C. Gillam, commanding officer of the Third Army.
The following resolutions and bills of the Senate and House were read and adopted:

SR 44. By Senator Ursrey of the 54th:
A resolution to authorize reciprocal agreements for trucks hauling farm produce as between the states; and for other purposes.

HR 107. By Mr. Barrett of Pike:
A resolution for relief of principal and security on bond of W. T. or Tom Foster in Pike Superior Court.

HB 267. By Messrs. Gowen and Nightingale of Glynn:
A bill to preserve for posterity certain portions of the "Marshes of Glynn" as a memorial to Georgia's immortal Sidney Lanier; and for other purposes.
Senator McCoy of the 4th offered the following amendment:
Amend HB 267 as follows: By striking section 1 in its entirety and inserting in lieu thereof the following :
Section 1. That certain area in Glynn County described as follows, to wit: Beginning at the point in the City of Brunswick where the southern line of the Brunswick-St. Simons Highway, as now located, intersects the eastern line of Glynn Avenue, and running thence in a southerly direction along said eastern line of Glynn Avenue to the southern line of Gloucester Street, thence running westerly along the southern line of Gloucester Street to its intersection with the eastern line of Lanier Boulevard, thence running in a general southerly direction along the said eastern line of Lanier Boulevard to its intersection with the northerly line of Albemarle Street, and thence running in a straight line in an easterly direction to the point where the southerly line of Plantation Creek enters Manhead Sound; thence in a general northerly direction running along the westerly margin of Manhead Sound to the point on the westerly bank of Frederica River, where said bank of said Frederica River is intersected by a line located parallel to and one thousand feet northerly from the northerly line of the right of way of the Brunswick-St. Simons Highway as now located; thence running in a general westerly direction along the said line parallel with and one thousand feet distant in a general northerly and northwesterly direction from the said northerly line of the said Brunswick-St. Simons Highway as now located to low water mark on the westerly bank of Terry Creek, thence southerly along the westerly line of Terry Creek into and along the south fork thereof to the point where low water mark on the said west bank of the south fork of the said

666

JOURNAL OF THE SENATE,

Terry Creek intersects the southerly line of the right of way of the present Brunswick-St. Simons Highway; and thence westerly along the said southerly line of the right of way of said highway to the point of beginning, is hereby set aside and dedicated as a memorial to Georgia's great poet, Sidney Lanier, subject to the exceptions hereinafter set forth; such area to be known as the "Marshes of Glynn".
By striking in its entirety Section 2 of said Bill, and inserting in lieu thereof the following:
Section 2. It shall be unlawful for the City of Brunswick or the County of Glynn to sell or alienate any land now or hereafter owned by them, or either of them, within such area, with the following exceptions: (a) That the City of Brunswick or the County of Glynn, either or both, may maintain, construct, locate, relocate, operate and continue to operate causeway across said land from Brunswick to the island of St. Simons as a toll road as the same is now operated, or with such changes and regulations and provisions as they, or either of them, may hereafter deem fit and proper in their, or each of their, uncontrolled discretion; and (b) the City of Brunswick and the County of Glynn, either or both, may exchange with and convey, each to the other, any interest in all or any portion of the properties in this area described, as the governing bodies of the respective political subdivisions may deem necessary or expedient in carrying out recreational improvements for the benefit of the citizens of the County of Glynn or the City of Brunswick (recreational improvements as herein used shall be defined to include the following: parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadia, buildings to be used for various types of sports, including baseball and football, small boat facilities, including docks, ramps and the like facilities, the erection and construction of public buildings to be used for amusement purposes or educational purposes or a combination of the two, and the specific items hereinabove described shall not be deemed exclusive, but shall be construed to be examples of recreational improvements, and other like recreational facilities shall be deemed covered by this definition); and (c) the conveyance heretofore made by the City of Brunswick to the Countyof Glynn of the said City's right, title, equity and interest in and to the Brunswick-St. Simons Highway, being that certain highway located in Glynn County, Georgia, running from the City of Brunswick to the Island of St. Simons, including roadways, bridges, easements, rights-of-way and all improvements thereon, dated January 7, 1949, is hereby ratified and confirmed." By changing the period at the end of Section 3 of said Bill to a comma and inserting thereafter the following words : "except as herein above provided in Section 2 of this Act."
By changing the period at the end of Section 4 of said Bill to a comma and inserting thereafter the following words: "but subject to the same exceptions as hereinabove set forth in Section 2 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 18, 1949

667

HB 491. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to fix the salaries of special bailiffs and of secretaries appointed by the judges in lieu of special bailiffs in the superior courts in counties having a population of 300,000 or more; and for other purposes.

Senator LeCraw of the 52nd offered the following substitute:

A BILL

An Act to provide the method of fixing the compensation of special

bailiffs and of secretaries appointed by the judges of the superior courts

in lieu of special bailiffs in counties of this state having a population of

200,000 or more according to the present or any future United States

census, to provide the method of payment of such salaries; to repeal all

conflicting laws, and for other purposes.



Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. From and after the passage of this Act special bailiffs and secretaries appointed by the judges of the superior courts in lieu of special bailiffs in counties having a population of 200,000 or more according to the United States census of 1940 or any future United States census shall receive such compensation as the board of commissioners of roads and revenues or other governing authority of such counties may from time to time provide.
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 431. By Messrs. Walton, Smith and Alverson of Fulton:
A bill establishing a new charter for the City of East Point; to have power and authority to levy, assess and collect an ad valorem tax of 15 mills on each dollar of taxable value of all real and personal property; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment:
Amend HB 431, which is a bill to be entitled: "An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof, and for other purposes," lls follows:
By striking and eliminating the figure "15" which appears in the fifth line of Section 1 of said Bill and by substituting therefor the figure "12".

668

JOURNAL OF THE SENATE,

As so amended Section 1 of HB 431 shall read as follows:

Section 1.
"Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage and approval of this Act the City of East Point shall have power and authority to levy, assess, and collect an ad valorem tax of 12 mills on each dollar of taxable value of all real and personal property within said city for the ordinary current expenses of said city."
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.

HB 176. By Messrs. Alverson and Walton of Fulton:
A bill to amend an act creating the Civil Court of Fulton County; to increase the salaries of the judges; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment:
Amend HB 176, which is a bill to be entitled: "An Act to amend the Act creating the Civil Court of Fulton County, to Increase the Salaries of the Judges, and for other purposes," as follows:
By striking and eliminating all of Section 16 as same is written and appears on lines 9 to 17 on page 2 of HB 176 and by substituting therefor a new Section 16 which shall read as follows:
"Section 16. Beginning January 1, 1950, and thereafter the annual salary of the Chief Judge of said Court shall be a sum not less than $8,500.00 and not more than $10,500.00, the exact amount thereof to be fixed from time to time by the Board of Commissioners of Roads and Revenues or other County authority of Fulton County. Beginning January 1, 1950, and thereafter the annual salary of the Associate Judges of said court shall be a sum not less than $8,000.00 and a sum not more than $10,000.00, the exact amount thereof to be fixed from time to time by the Board of Commissioners of Roads and Revenues or other County authority of Fulton County. All of said salaries shall be paid in equal monthly installments upon warrants approved by the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County and drawn upon the County Treasurer of Fulton County; provided that no Judge or other official of said court shall receive to his own use any fees or perquisites of office."
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.

FRIDAY, FEBRUARY 18, 1949

669

HB 492. By Messrs. Alverson, Smith and Walton of Fulton:
A bill granting charter to the Town of Palmetto so as to authorize increase of ad valorem taxes ; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend the title to said bill by striking and eliminating from line 7 of the title the words, characters and figures, "1%% instead of 1%" and by substituting therefor the words, characters and figures, "1 2/10% instead of 1%."
As so amended the title to said bill shall read as follows : "A bill to be entitled an Act to amend an Act entitled, An Act to create a new charter for the town of Palmetto, in Campbell (now Fulton) County, Georgia: Describing its powers and duties and to repeal all Acts heretofore passed creating a charter for said town or amending the same and for other purposes, approved August 7, 1920, by granting to the town of Palmetto, through its Mayor and Council, the right and power to raise the rate of ad valorem taxes to 1 2/10% instead of 1%, as provided in Section 17 of said Charter and for other purposes."
Amend Section I of said HB 492 by striking from line 9 of Section I thereof, the figures and characters, "1% %" and by substituting therefor the figures and characters, "1 2/10%"; also by striking from line 17 of Section I the words, "one one-half per cent" and by substituting therefor the words, figures and characters, "one and two-tenths (1.2%) per cent."

As so amended Section I of HB 492 shall read as follows:
SECTION I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act entitled 'an Act to create a new charter for the Town of Palmetto, in Campbell (now Fulton) County, Georgia: Describing its powers and duties and to repeal all Acts heretofore passed creating a charter for said town or amending the same and for other purposes approved August 7, 1920, be and same is hereby amended by striking from the last line of Section 17 of said Act the words "1%" and substituting in lieu thereof the words "1 2/10%" and said Section of said Act is further hereby amended by adding at the end of the last line thereof the words "of the assessed value of said taxable property" so that said Section 17 of said Act shall read as follows:
'Section 17. Be it further enacted that the Town of Palmetto through its Mayor and Council shall have the power to levy and collect, for the support of the government of said Town of Palmetto, and to defray its annual expenses, an ad valorem tax on all the taxable property in said town, said tax not to exceed "one and two-tenths (1.2%) per cent" of the assessed value of said taxable property.'"
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

670

JOURNAL OF THE SENATE,

HB 532. By Messrs. Walton, Smith and Alverson of Fulton:
A bill providing for the appointment of the assistant solicitor general and deputy solicitor general of the Criminal Court of Fulton County; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend Section 2 of HB 532 by striking and eliminating from lines 5, 6, and Section 2 the following words, "but in no event shall the salary of the Assistant Solicitor General be less than $6,000 per annum or more than $6,564. per annum."
Amend Section 3 by striking and eliminating from lines 5, 6, and 8 of Section 3 (which are the first three lines on page 2 of said bill) the following words: "but in no event shall the salary of any Deputy Solicitor General be less than $6,000 per annum or more than $6,564.00 per annum."
Amend HB 532 by striking and eliminating all of Section 4 of said bill.
Amend Section 5 by striking and eliminating from line 7 of Section 5 the words "but not less than $260.00 per month."

Amend Section 6 of HB 532 by adding thereto the following sentence :
"The authority granted by this Act to the Board of Commissioners of Roads and Revenue of Fulton County to fix salaries herein provided shall become effective January 1, 1950, and continue thereafter until otherwise provided by law."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 489. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend Section 21-105 of the Code of Georgia of 1933 so as to fix the salary and compensation of coroners in counties with a certain population; and for other purposes.
Senator LeCraw of the 52nd offered the following substitute:
A BILL
An Act to Amend an Act approved August 13, 1921 (Georgia Laws 1921, page 189) entitled: "An Act to Increase the Fees of Coroners, Constables and Jurors, for Services in Connection with the Holding of Inquests in certain Counties, and for other purposes," as heretofore amended, by changing the limit upon the amount of fees collectible by the coroner in such counties; to provide that effective January 1, 1950, and thereafter, the coroner of any county of Georgia having a population of 200,000 or more according to the United States census of 1940 or any future United States census shall be permitted to receive fees not exceeding the sum of

FRIDAY, FEBRUARY 18, 1949

671

$6,500.00 per year; to make the annual increase provided by this Act subject to the approval from year to year of the county authority of such county; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That the 1945 amendment to the above Act which was an Act entitled, "An Act to amend an Act approved August 13, 1921 (Acts 1921, page 189) entitled: 'An Act to increase the fees of coroners, constables and jurors, for services in connection with the holding of inquests in certain counties, and for other purposes' by changing the limit upon the amount of fees collectible by coroner in such counties; to provide that in such counties the governing authorities shall have the right to furnish an office, equipment, supplies, and clerical assistants to the coroner; and for other purposes," and is published Georgia Laws 1945, pp. 1181 and 1182, be and the same is hereby amended in the following particulars:
By striking and eliminating from the fourth line of the second paragraph of Section 1 of said Act approved March 9, 1945 (which is published Georgia Laws 1945, page 1181) the figures "$5,000.00" and by substituting therefor the figures, "$6,500.00"; also by striking and eliminating from the last line of the fifth paragraph of Section 1 of said Act approved March 9, 1945, which is published Georgia Laws 1945, page 1182, the figures, "$5,000.00" (which figure is published on line 18 of Georgia Laws 1945, page 1182) and by substituting therefor the figures, $6,500.00."
Said Act is further amended by adding to the fifth paragraph of Section 1 of said Act as previously amended (which paragraph ends on line 18 of page 1182 of the 1945 Georgia Laws) the following words, to wit:
"Except that the increase in the aggregate amount of fees from $5,000.00 to $6,500.00 per annum permitted by this Act shall become effective January 1950, and thereafter the aggregate amount of fees which the coroner of any county of Georgia having a population of 200,000 or more according to the United States census of 1940 or any future United States census shall be permitted to receive during any one year shall be a sum not less than $5,000.00 and a sum not more than $6,500.00 as the Board of Commissioners of Roads and Revenues or other county authority of such county may from year to year provide by order entered on the minutes of the county authority."
As so amended Section 1 of said Act approved March 9, 1945 which is published Georgia Laws 1945, pp. 1181 and 1182, shall read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that an Act approved August 13, 1921, entitled, 'An Act to increase the fees of coroners, constables and jurors, for services in connection with the holding of inquests in certain counties, and for other purposes' (Acts 1921, page 189) be and the same is hereby amended by striking from Section 2 of said Act the last sentence thereof and inserting in lieu of said sentence the following:
" 'In such counties, coroners shall be entitled to draw the fees provided in Section 1 of this Act and fees provided by law for other services

672

JOURNAL OF THE SENATE,

required of them until such fees amount in the aggregate to $6,500.00 per annum.'
" 'Provided further, in all such counties, the authorities in charge of county affairs shall have the right to furnish an office, office equipment, office supplies, and clerical assistants to the coroner of such county, and to pay the expense of same from the treasury of such county in the same manner that offices, office equipment, office supplies, and clerical assistants are furnished other county officers of such county.'
"So that said section as amended shall read as follows:
" 'Be it further enacted by the authority aforesaid, that that portion of Section 1141 of the Penal Code of 1910, which provides that 'No coroner shall receive out of the county treasury of any county more than fifteen hundred dollars per annum, either as fees for holding inquests, or for burying the dead bodies' shall not apply in counties having a population of 200,000 or more. In such counties coroners shall be entitled to draw the fees provided in Section I of this Act and fees provided by law for other services required of them until such fees amount in the aggregate to $6,500.00 per annum, except that the increase in the aggregate amount of fees from $5,000.00 to $6,500.00 per annum permitted by this Act shall become effective January 1950, and thereafter the aggregate amount of fees which the coroner of any county of Georgia having a population of 200,000 or more according to the United States census of 1940 or any future United States census shall be permitted to receive during any one year shall be a sum not less than $5,000.00 and a sum not more than $6,500.00 as the Board of Commissioners of Roads and Revenues or other county authority of such county may from year to year provide by order entered on the minutes of the county authority.
" 'Provided further, in all such counties, the authorities in charge of county affairs shall have the right to furnish an office, office equipment, office supplies, and clerical assistants, to the coroner of such county, and to pay the expense of same from the treasury of such county in the same manner that offices, office equipment, office supplies, and clerical assistants are furnished other county officers of such county.' "
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has appointed on the part of the House as a committee of conference on HB 140 the following members of the House, to wit:

FRIDAY, FEBRUARY 18, 1949

673

Messrs. Twitty of Mitchell, Vickers of Colquitt and Moulton of Floyd.
The House insists on its position in disagreeing to Senate amendment to the following resolution of the House, to wit:

HR 48-257a. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that the bees may move freely between the two states.
The Speaker has appointed on the part of the House as a committee of conference the following members of the House, to wit:
Mrs. Blitch of Clinch, Messrs. Greer of Lanier and Langdale of Lowndes.

The following bills of the Senate were taken up for the purpose of considering House amendments thereto:
SB 117. By Senators Eve of the 18th, LeCraw of the 52nd and Grayson of the 1st:
A bill to amend the statutes of Georgia relating to venue and enlarging the discretionary powers of superior and city courts of this state; to decline jurisdiction of civil cases arising out of the state wherein the plaintiff and defendant are both non-residents of the state; and for other purposes.
The House amendment was as follows:
Mr. Howard of DeKalb moves to amend SB 117 by adding to section 1 the following language: Provided that no litigation pending upon the passage of this Act shall be subject to dismissal.
Senator Grayson of the 1st moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 33, nays 0, and the amendment was agreed to.
SB 12. By Senator Purdom of the 46th:
A bill to prohibit the use of traps, poisons, drugs, etc., for hunting wild game; to define night hunting; to provide panalties; and for other purposes.
The House amendment was as follows:
Mr. Jennings of Baldwin moves to amend SB 12 by inserting in line 10 of Section 1 after the word "Raccoon" and before the word "opossum" the word "frogs."
Senator Purdom of the 46th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 37, nays 0, and the amendment was agreed to.

674

JOURNAL OF THE SENATE,

The following resolution of the House was taken up for the purpose of considering House action thereto :
HR 48. By Mrs. Blitch of Clinch:
A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states; and for other purposes.
Senator Harrison of the 17th moved that the Senate insist on its position in amending the resolution and asked that a conference committee be appointed.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
The President appointed on the part of the Senate as a committee of conference Senators Pilcher of the 19th, Blalock of the 36th and Purdom of the 46th.
The following general bills were read the third time and put upon their passage:

HB 40. By Messrs. Gross of Stephens and Griggs of Habersham: A bill to provide for the giving of security by owners and operators of motor vehicles; to repeal an act entitled "Motor Vehicle Safety Responsibility"; and for other purposes.
The report 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 470. By Mr. McCracken of Jefferson:
A bill to repeal section 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of state, county, city, municipal or school taxes; and for other purposes.

The Committee on General Judiciary offered the following amendment:
Amend Section 2A of HB 470 by adding at the end of said section the following:
Any tax deed regularly executed at a valid and legal sale held by the state or any subdivision thereof, including counties and municipalities, when the defendant in fi. fa. is sui juris, shall after the expiration of seven years from the date of said tax deed convey fee simple title and title to the property described in said tax deed shall vest absolutely in the grantee therein or his heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, then the prescriptive term of seven years shall begin from the time the said disabilities are removed or abate.
The amendment was adopted.

Senator Eve of the 18th offered the following amendment:
Amend HB 470 by striking the words "six months" wherever it appears and inserting in lieu thereof the words "twelve months."

FRIDAY, FEBRUARY 18, 1949

675

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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 86. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel, and others:
A bill for the prevention of the destruction of life and property by fire, explosion or related hazards; to create for such purpose office of Georgia Safety Fire Commissioner; and for other purposes.

The Committee on General Judiciary offered the following amendments:
Amend HB 86 by inserting the following words at the end of Section I:
"provide that the Commissioner shall receive expenses in an amount, not to exceed $100.00 per month."
The amendment was adopted.
Amend HB 86, Section 3, by adding a new sentence at the end of Section 3, which sentence shall read as follows:
"Not less than fifteen days before any rules and regulations are promulgated there shall be held a public hearing and notice of said hearing shall be advertised in a newspaper of general circulation."
The amendment was adopted.
Amend HB 86, Section 29, sub-paragraph (b) by striking the following words in the last three lines as follows :
"the decision of said court shall be final and binding upon the said person, firm, or corporation and/or the property." and by inserting in lieu thereof the following, to wit:
"Provided, that no person, firm or corporation shall be deprived of their right of appeal from the superior court."
The amendment was adopted.
Amend HB 86 by adding after the word "quarterly" at the end of the third sentence in Section 12 the following:
"if deemed necessary by the Commissioner."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

676

JOURNAL OF THE SENATE,

Senator Turner of the 34th asked unanimous consent that HB 86 be immediately transmitted to the House, and the consent was granted.

HB 562. By Messrs. Pannell of Murray, Gross of Stephens, Baker and Matthews of Clarke, and others:
A bill to create the University System Building Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 510. By Messrs. Matthews and Baker of Clarke and Mathews of Peach:
A bill providing that acceptance of such funds as are made available by the United States Government pursuant to Federal laws and rulings relating to Morrill and supplementary Morrill funds for land-grant colleges and universities for the benefit and use of the institutions variously designated from time to time as the Georgia State Industrial College for Colored Youths; and for other purposes.
The report 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 509. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, and others:
A bill to amend an act relating to the powers, authority and constitution of the Board of Regents of the University System 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 508. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, and others:
A bill to amend Part II, the Public School System of Title 32, designated "Education" relating to the organization and operation of the public school system of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 18, 1949

677

HB 507. By Messrs. Matthews and Baker of Clarke, Moulton of Floyd, and others: A bill to amend an act entitled "Teachers Retirement System; to establish a retirement system for aged and incapacitated teachers in the state public schools; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend HB 507 by adding a new section to be numbered Section 3 and to read as follows :
. Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 210. By Messrs. Page, McGee and Hood of Chatham:
A bill to amend an act known as the "Revenue Certificate Law of 1937; by providing that said act shall apply to a combination of sea wall, groin and public parking systems; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following communication from His Excellency, the Governor, was read by the Secretary:
State of Georgia Office of the Governor Herman E. Talmadge Governor
Atlanta
Lieutenant Governor Marvin Griffin and Members of the Georgia Senate: In my budget message to you delivered on January 14, 1949, I recommended
a contingent appropriation of $35,145,520.00. This contingent section of the budget bill was raised by the House of Representatives to $50,953,733.03. The Senate Appropriations Committee raised the figure to $77,025,733.03.
The figure that the Senate Committee wrote into the contingent section of the Bill is more than twice the recommendation made by me in my budget message.
I do not believe that the people of Georgia can stand additional taxes in the sum of $77,025,733.03 nor will I ask that they do so.
It is my urgent recommendation that you reduce the figure to substantially the recommendation made by me in my budget message.
Respectfully yours, Herman E. Talmadge, Governor

678

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:

HB 140. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to provide a minimum foundation for education in Georgia; and for other purposes.

The following report of the Committee of Conference was read by the Secretary:
February 18, 1949
Mr. President:
Mr. Speaker:
Your Committee on Conference, having had under consideration the difference between the House and Senate on HB 140, begs to submit the following report:
That the Senate Substitute to House Bill No. 140 be adopted with the six amendments hereto attached marked from numbers 1 to 6 inclusive.
Respectfully submitted,
Twitty of Mitchell, Vickers of Colquitt, Moulton of Floyd,
On the Part of the House.
Dykes of the 14th, Land of the 24th, Tarver of the 48th,
On the Part of the Senate.
Amendment No.1 Amend Senate substitute to HB 140 by adding thereto a new section to be numbered Section 32 (a) and to read as follows:
Section 32 (a) The policy of the State with respect to the portions of this Act, which
will be administered by the State Board of Education, is to provide a Minimum Foundation Program budget to be expended by the State Board of Education on a minimum basis with the view that when adequate funds are available the following budget shall be adopted by the State Board of Education:

FRIDAY, FEBRUARY 18, 1949

679

Public Schools

Total Annual Amount to be Provided by: Needs Cities and Co. Federal State

(1) Teachers' Salaries*-
10 months for 23,436 classroom units and 700 other________$52,390,050
(2) Teachers' Salaries*15% of Staff-2 months _______ 2,620,670
(3) Current Operation Expense
(23,436 X $300) -------------------- 7,030,800 (4) Pupil Transportation ------------- 6,000,000 (5) Current Capital Outlay
(23,436 X $200) -------------------- 4,687,200 (6) Twelfth Grade Program-
417 Additional Teachers ________ 1,251,000
(12 grades for 50% of pupils
1945-51)

Less amount of required
local effort
for foundation
program on index
of economic ability.

Difference between the cost
of the total basic foundation program
and the financial
effort required of local school
systems to be
paid by the state.

(7) Total Basic Foundation

Program ---------------------------------$73,979,720 $10,000,000

$63,979,720

(8) Textbook, Teaching Aids and

School Library -------------------- 2,200,000 -------- ----------- 2,200,000

(9) Maintenance of School Plants

and Insurance -------------------------- 2,600,000 2,600,000 ------------- ---------------

(10) Payment of Bonds and

Interest ----------------------------------- 2,912,140 2,912,140 ---------------- ----------------

(11) Vocational Ed.- Cooperative

part-time programs for out-

of school youth and adults,

teacher training, and area

schools ---------------------------------- 1,200,000 ---------------- $ 600,000

600,000

(12) State Department of Educa-

tion ------------------------------------------- 275,000 -------------- ---------------(13) Lunchroom Program ______________ 6,735,000 4,075,000 2,610,000

275,000 50,000

(14) Surplus Commodities _____________ 1,998,318

6,318 1,962,000

30,000

(15) Public Library Program ________ 1,500,000 1,000,000 --------------- 500,000

(16) Vocational Rehabilitation ______ 1,500,000 ---------------- 750,000 750,000

(17) State Trade Schools (Americus and Clarkesville) __
(18) State School for the Deaf________

375,000 232,000

--------------- ----------------
---------------- ---------------

375,000 232,000

(19) State School for the Blind _______ 160,000 ---------------- ----------------

160,000

Total Educational Budget__________________$96,067,178 $20,593,458 $5,922,000 $69,251,720

*Items (1) and (2) include salaries and travel for regular vocational education teachers estimated at $4,608,000, and for principals, system superintendents, visiting teachers, instructional supervisors, county and regional librarians and teachers of non-vocational subjects estimated at $50,402,720.

680

JOURNAL OF THE SENATE,

It is contemplated in this act that a contingent or equalization fund shall be set up as provided in Section 26 herein and that the above suggested budget shall be varied so as to provide for said fund in such an amount as the State Board of Education deems proper. Such funds shall be taken from the items included in the budget on a pro rata basis.
In the event funds are not available for the adoption of a budget to include as much as the total amount for each item in the above suggested budget, that all items included therein shall be reduced on a pro rata basis.
Any surplus over and above $50,000.00 for any of the above stated items in any fiscal year shall be returned to the State Board of Education to be used as the said Board deems proper.
Any funds necessary for matching Federal funds for any project approved by the State Board of Education, shall be made available by said Board from any available funds.

Amendment No.2
Amend Senate substitute to HB 140, Section 13, subsection (c), by adding the following to sentence three:
Provided the school tax digest of each independent school system shall be 133 1/3% of the county tax digest of all property located within the territory of the independent school system.

Amendment No. 3
Amend Senate substitute to HB 140, Section 7, by inserting the following paragraph immediately after the density scale for determining teacher-pupil ratios:
Independent school systems within municipalities having a population of 10,000 or less according to the 1940 U. S. census or any future census shall be classified on a basis determined by the scale which would apply to the county by adding the average daily attendance of the independent and county school systems.

Amendment No. 4
Amend Senate substitute to HB 140 by inserting a new section to be known as Section 28 and to read as follows :
In the event that a local unit of administration should fail to comply with one or more of the provisions of this Act, the State Board of Education, in its discretion, may withhold from that unit, or any part, of the State Foundation Program funds provided for in this Act until such time as full compliance is made by that unit. Any local board of education shall have the right of certiorari to the courts from any decision of the State Board of Education.
And that Section 28 in the Senate substitute be numbered Section 29 and all the following sections renumbered accordingly.

Amendment No. 5
Amend Senate substitute to HB 140 by striking therefrom Section 33 in its entirety.

FRIDAY, FEBRUARY 18, 1949

681

Amendment No. 6
Amend Senate substitute to HB 140 by striking therefrom Section 34 in its entirety.
Senator Land of the 24th moved that the report of the Committee of Conference be adopted.
On the motion to adopt the report, the ayes were 39, nays 1.
The conference committee report was adopted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House to wit:
HB 403 By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to legalize the operation of motion pictures in any county in Georgia on Sunday ; and for other purposes.

The House has adopted the report of the conference committee to the following bill of the House to wit:
HB 140. By Messrs. Hand and Twitty of Mitchell:
A bill to provide minimum foundation for education in Georgia; and for other purposes.
The House has adopted the report of the committee of conference to the following bill of the House, to wit :
HB 2. By Messrs. Hand and Twitty of Mitchell and others:
A bill to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters ; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate to wit:
SB 32. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
The following bill of the House was taken up for considering House action thereto:
HB 403. By Messrs.. Twitty of Mitchell and Smith of Emanuel: A bill to authorize or prohibit the operation of moti<m pictures on Sundays; and for other purposes.

682

JOURNAL OF THE SENATE,

Senator Cochran of the 7th moved that the Senate insist on its substitute to HB 403 and that a conference committee be appointed, and the motion pre-
vailed.

The President appointed on the part of the Senate: Senators Smith of the 37th, Brooks of the 50th and Land of the 24th.
Senator Pilcher of the 19th moved that the Senate do now resolve itself into executive session and the motion prevailed.
The Senate went into executive session at 3 :35 o'clock.

The following message was transmitted to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:

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

February 18, 1949

Dear Governor :
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you this date were confirmed as follows:
Honorable W. S. Mann, of Telfair County, to be a member of the Judicial Council, to succeed Honorable Paul F. Aiken, for a term beginning February 16, 1949, and ending April 27, 1951. The vote on this confirmation was ayes 47, nays 0.
Mrs. Gertrude Harris, of Fulton County, to be a member of the Judicial Council, to succeed Honorable Maynard R. Ashworth, for a term beginning February 16, 1949, and ending April 27, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable Hicks Fort, of Muscogee County, to be a member of the Judicial Council, to succeed Honorable David S. Atkinson, for a term beginning February 16,1949, and ending April 27, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable Charles J. Bloch, of Bibb County, to be a member of the Judicial Council, to succeed himself, for a term beginning February 16, 1949, and ending April 27, 1951. The vote on this confirmation was ayes 47, nays 0.
Dr. George Callahan, of Telfair County, to be a member of the Board of Dental Examiners of Georgia, to succeed Dr. J. W. Young, of Chatham County, for a term beginning February 14, 1949, and ending August 1, 1952. The vote on this confirmation was ayes 47, nays 0.
Dr. R. W. Tharpe, of Cobb County, to be a member of the Board of Dental Examiners of Georgia, to succeed Dr. J. H. Brewton of- Ware County, for a term beginning February 17, 1949, and ending August 1, 1949. The confirmation on this vote was ayes 47, nays 0.

FRIDAY, FEBRUARY 18, 1949

683

Dr. R. W. Tharpe, of Cobb County, to be a member of the Board of Dental Examiners of Georgia, to succeed himself for a term beginning August 1, 1949, and ending August 1, 1954. The confirmation on this vote was ayes 47, nays 0.
Honorable 0. W. Price, of Henry County, to be a district soil conservation supervisor, for a term beginning January 1, 1949, and ending January 1, 1951. The confirmation on this vote was ayes 47, nays 0.
Honorable Jim L. Gillis, Jr., of Treutlen County, to be a district soil conservation supervisor for a term beginning January 1, 1949, and ending January 1, 1953. The vote on this confirmation was ayes 47, nays 0.
Honorable J. E. Eubanks, of Columbia County, to be a district soil conservation supervisor, for a term beginning January 1, 1949, and ending January 1, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable J. T. Watson, of McDuffie County, to be a district soil conservation supervisor, for a term beginning January 1, 1949, and ending January 1, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable J. W. Palmer, to be a member of the State Board of Medical Examiners, for a term beginning August 23, 1946, and ending September 1, 1950. The vote on this confirmation was ayes.47, nays 0.
Honorable Dr. Ed Green, of Fulton County, to be a member of the State Board of Medical Examiners to succeed Dr. T. H. Clark, for a term beginning February 15, 1949, and ending September 1, 1949. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. Ed Green, of Fulton County, to be a member of the State Board of Medical Examiners, to succeed himself, for a term beginning September 1, 1949, and ending September 1, 1953. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. R. H. McDonald, of Coweta County, to be a member of the State Board of Medical Examiners, to succeed Dr. Murdock Equen of Fulton County, for a term beginning February 15, 1949, and ending September 1, 1950. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. Fred J. Coleman, of Laurens County, to be a member of the State Board of Medical Examiners, to succeed Dr. Hartwell Joiner of Hall County, Georgia, for a term beginning February 16, 1949, and ending September 1, 1952. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. Albert A. Rayle, of Fulton County, to be the "Roentgenologist" member of the Workmen's Compensation Medical Board to succeed himself for a term beginning February 17, 1949, and ending March 30, 1949. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. Albert A. Rayle, of Fulton County, to be the "Roentgenologist" member of the Workmen's Compensation Medical Board to succeed himself for a term beginning March 30, 1949, and ending March 30, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. Frank Holder, of Dodge County, to be the "Internal Medicine Specialist" member of the Workmen's Compensation Medical Board to succeed Dr. Ernest F. Wahl of Thomas County, for a term beginning February 17, 1949, and ending March 30, 1950. The vote on this confirmation was ayes 47, nays 0.

684

JOURNAL OF THE SENATE,

Honorable Dr. J. C. Norris, of Fulton County, to be the "Pathologist" member of the Workmen's Compensation Medical Board, succeeding Dr. John Funke, of Fulton County, for a term beginning February 17, 1949, and ending March 30, 1950. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. A. J. Ayers, of Fulton County, to be the "Toxicologist" member of the Workmen's Compensation Medical Board, succeeding Dr. J. C. Norris, resigned, of Fulton County, for a term beginning February 17, 1949, and ending March 30, 1949. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. A. J. Ayers, of Fulton County, to be the 'Toxicologist" member of the Workmen's Compensation Medical Board, succeeding himself, for a term beginning March 30, 1949, and ending March 30, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable C. R. Bush, of Bibb County, to be a member of the State Board of Accountancy, succeeding Honorable Hubert E. Ulmer, for a term beginning February 16, 1949, and ending June 30, 1953. The vote on this confirmation was ayes 47, nays 0.
Honorable C. V. Stanton, of Ware County, to be a member of the State Board of Accountancy, succeeding Honorable Scott S. Edwards, Jr., for a term beginning February 16, 1949, and ending June 30, 1952. The vote on this confirmation was ayes 47, nays 0.
Honorable Sidney Lee, of Chatham County, to be a member of the State Board of Accountancy, succeeding Honorable Sykes H. Young, for a term beginning February 16, 1949, and ending June 30, 1950. The vote on this confirmation was ayes 47, nays 0.
Honorable W. W. Stribling, of Fulton County, to be a member of the State Board of Accountancy, succeeding Honorable Charles P. Bagley, Jr., for a term beginning February 16, 1949, and ending June 30, 1952. The vote on this confirmation was ayes 47, nays 0.
Dr. Hugh Hailey, of Fulton County, to be the "Dematologist" member of the Workmen's Compensation Medical Board for a term beginning March 30, 1946, and ending March 30, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable Dr. H. D. Wilson, of Dougherty County, to be a member of the State Board of Chiropody Examiners to succeed the Honorable E. E. Farley, of Glynn County, for a term beginning February 14, 1949, and ending May 15, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable R. T. Puckett, of Ben Hill County, to be a member of the Georgia State Board of Chiropractic Examiners, succeeding E. H. Anderson, for a term beginning February 16, 1949, and ending August 20, 1949. The vote on this confirmation was ayes 47, nays 0.
Honorable Mattie C. Stephens, of Upson County, to be a member of the Georgia State Board of Chiropractic Examiners, succeeding Honorable R. M. Livingston, for a term beginning February 16, 1949, and ending September 8, 1950. The vote on this confirmation was ayes 47, nays 0.
Honorable Jesse G. Purvis, of Jenkins County, to be a member of the Georgia Citizens' Council to succed Mrs. Floyd W. McRae, for a term beginning February 16, 1949, and ending July 1, 1950. The vote on this confirmation was ayes 19, nays 40. This appointment was not confirmed.

FRIDAY, FEBRUARY 18, 1949

685

Honorable T. J. Braswell, of Emanuel County, to be a member of the Georgia Citizens' Council, succeeding Dr. Joseiah Crudup, for a term beginning February 16, 1949, and ending July 1, 1951. The vote on this confirmation was ayes 47, nays 0.
Judge Harry D. Reed, of Ware County, to be a member of the Oil and Gas Commission, succeeding Honorable Joseph A. Pope, for a term beginning February 14, 1949, and ending May 18, 1953. The vote on this confirmation was ayes 47, nays 0.
Dr. W. R. Gilbert, of Spalding County, to be a member of the Georgia State Board of Examiners in Optometry to succeed Dr. L. N. Huff, for a term beginning February 16, 1949, and ending September 6, 1950. The vote on this confirmation was ayes 47, nays 0.
Dr. W. R. Hughes, of Hall County, to be a member of the Georgia State Board of Examiners in Optometry, to succeed Dr. W. R. Wilson, for a term beginning February 14, 1949, and ending September 6, 1953. The vote on this confirmation was ayes 47, nays 0.
Dr. J. H. Spratling, Jr., of Ware County, to be a member of the Georgia State Board of Examiners in Optometry, to succeed Dr. W. R. Gilbert, of Spalding County, for a term beginning February 14, 1949, and ending September 6, 1949. The vote on this confirmation was ayes 47, nays 0.
Dr. J. H. Spratling, Jr., of Ware County, to be a member of the Georgia State Board of Examiners in Optometry to succeed himself for a term beginning September 6, 1949, and ending September 6, 1952. The vote on this confirmation was ayes 47, nays 0.
Honorable J. Cowan Whitley, of Douglas County, to be a member of the Georgia State Board of Embalmers for a term beginning February 15, 1949, and ending January 16, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable Sam Lang, of Washington County, to be a member of the Georgia State Board of Embalming to succeed Honorable Cleve Minoy of Ware County, for a term beginning February 14, 1949, and ending December 16, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable W. W. Simmons of Fulton County, to be a member of the Georgia State Board for the Examination and Registration of Architects to succeed the Honorable Lloyd Green for a term beginning February 14, 1949, and ending October 1, 1952. The vote on this confirmation was ayes 47, nays 0.
Honorable A. G. Stanford, of Fulton County, to be a member of the State Board of Registration for Professional Engineers and Land Surveyors, for a term beginning February 15, 1949, and ending June 1, 1952. The vote on this confirmation was ayes 47, nays 0.
Honorable Peter Roe Nugent, of Chatham County, to be a member of the Ports Authority to succeed Honorable J. P. Houlihan, resigned, for a period beginning February 14, 1949, and ending July 1, 1950. The vote on this confirmation was ayes 47, nays 0.
Dr. R. C. Montgomery of Taylor County, to be a member of the State Board of Health, representing the Third Congressional District, succeeding Dr. J. C. Patterson, of Cuthbert, Georgia, for a term beginning February 18, 1949, and ending September 1, 1954. The vote on this confirmation was ayes 47, nays 0.

686

JOURNAL OF THE SENATE,

Honorable Z. P. Almon of Heard County, to be district soil conservation supervisor, for a term beginning January 1, 1949, and ending January 1, 1951. The vote on this confirmation was ayes 47, nays 0.
Dr. Alex Russell, of Barrow County, to be a member of the State Board of Medical Examiners of Georgia, succeeding Dr. W. H. Wall, of Blakely, for a term beginning February 15, 1949, and ending September 1, 1950. The vote on this confirmation was ayes 47, nays 0.
Dr. Phil Robinson, of Douglas County, Georgia, to be a member of the State Board of Medical Examiners to succeed Dr. L. G. Neal, of White County, for a term beginning February 15, 1949, and ending September 1, 1951. The vote on this confirmation was ayes 47, nays 0.
Honorable James W. Woodruff, Sr., of Muscogee County, to be a member of th~ Board of Commerce, representing advertising and promotion, for a period beginning February 18, 1949, and ending February 8, 1954. The vote on this confirmation was ayes 47, nays 0.
Honorable James Dampier, of Cook County, to be a member of the Oil and Gas Commission to succeed Honorable Paul H. Ploeger, for a term beginning February 14, 1949, and ending May 18, 1955. The vote on this confirmation was ayes 47, nays 0.
Respectfully submitted,
George D. Stewart,
Secretary of the Senate

The executive session was dissolved at 4 :00 o'clock and the Senate resumed the regular order of business.

Senator Purdom of the 46th, chairman of the Committee on Appropriations, asked unanimous consent that the fellowing bill of the House be taken up at this time:
HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell and others:
A bill to amend general appropriations for the operation of the state government; and for other purposes.
The consent was granted.

Senator Purdom of tlie 46th asked unanimous consent that the Senate reconsider its action in adopting first section of the bill.
The consent was granted.

Senator Purdom of the 46th asked unanimous consent that the Senate reconsider section 54 and the consent was granted.

Senator Tarver of the 48th offered the following amendment:
Amend HB 116, section 54 by striking from the section the following words:
"And said reduction shall first be applied pro-rata to any appropriations enacted in the above sections which are in excess of the ap-

FRIDAY, FEBRUARY 18, 1949

687

propriations recommended in the appropriation bill introduced in the House of Representatives."
The amendment was adopted. Section 54 was adopted as amended.

Senator Harrison of the 17th asked unanimous consent that the Senate reconsider section 21 and the consent was granted.
Senator Harrison of the 17th offered the following amendment:
Amend HB 116, section 21, subsection (a) by adding the following:
Provided, however, that no more than $50,000.00 be allocated to the publication and distribution of the Market Bulletin; and provided further, that nothing except Market Bulletin quotations and bona fide listings of market products offered for sale shall be published in the Market Bulletin.
On the adoption of the amendment, the ayes were 3, nays 29 and the amendment was lost.
Section 21 was adopted.

Senator Purdom of the 46th asked unanimous consent that the Senate reconsider section 36 and the consent was granted.
Senator Garrett of the 53rd offered the following amendment:
Amend HB 116, section 36, to read $67,000.00 instead of $57,000.00.
The amendment was adopted.
Section 36 was adopted as amended.
The first section was adopted.
Senator Rich of the 8th offered the following amendment :
Amend HB 116 by striking in their entirety all sections, subsections and all other matter beginning with section 55 and all following thereafter with exceptions of section 56, which is the repealing clause and by adding a new section 55 to read as follows :
"Section 55-Pending the approval of the proposals with reference to additional taxation by the vote of the citizens of Georgia and pending an extra session of the General Assembly to enact such laws together with enacting appropriations distributing the proceeds of such tax laws, the items of contingent appropriations recommended in section 55 of the proposed budget bill submitted to the House of Representatives by the Governor of Georgia shall be considered to be the items of expanded services to be financed by the enactment of new revenue provisions."
Senator Pilcher of the 19th called for the ayes and nays and the call was sustained.

688

JOURNAL OF THE SENATE,

The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Boyett Clary Davis Florence Gholston

Grayson Layton LeCraw Lunsford Mason McCoy

Padgett Purdom Rich Zellner

Those voting in the negative were Senators:

Blalock Brooks Cochran Coleman Daniel Dykes Eve Foster Garrett

Harris Harrison Higginbotham Land, 51st Land, 24th Newton Overby Peterson Pilcher

Rackley Rowland Saunders Sims Stark Tarver Turner Ursrey Williams

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 16, nays 27, and the amendment was lost.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 32. By Senators LeCraw of the 52nd and Turner of the 34th:
A bill establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

The House amendment was as follows:
Section 1. From and after the passage of this act, one of the recorders of the City of Atlanta, now provided for by charter, shall be designated and shall bear the title of chief traffic judge and the other recorder, now provided for by this charter, shall be designated as and shall bear the title of chief general judge. The salaries and duties of the chief traffic judge and the chief general judge are such as are now or may hereafter be provided by the charter and ordinances of the City of Atlanta.
SECTION 2. In addition to the above and foregoing, the mayor and General Council of the City of Atlanta are hereby authorized and empowered to create one or more offices of deputy recorder, in addition to any that may be created by any other provisions of this charter, as amended, to fix the salaries therefor, unless otherwise fixed by this charter as amended, and to define the duties of such office or offices.

FRIDAY, FEBRUARY 18, 1949

689

SECTION 3. The chief traffic judge, the chief general judge and the deputy recorders shall be nominated by the mayor and confirmed or rejected by a vote of the General Council. They shall be elected for a term of four (4) years beginning January 1, 1950, and their successors shall be elected in the same manner. The first of such elections shall be held at the first meeting of the mayor and General Council after the approval of this act and each four years thereafter.
SECTION 4. The present recorders and deputy recorder shall serve until their successors are elected and qualified.

Senator LeCraw of the 52nd moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 28, nays 0, and the amendment was agreed to.
Senator Grayson of the 1st moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adojurned until 10 o'clock tomorrow morning.

690

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Saturday, February 19, 1949

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with.

Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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 President be allowed to call up bills and resolutions as he sees fit. The consent was granted.

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bills and resolutions of the Senate to wit: SB 18. By Senator Purdom of the 46th:
A bill to prescribe regulations, sale and use of liquified petroleum gases; and for other purposes.
SB 23. By Senator Turner of the 34th: A bill to fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.
SB 24. By Senator Overby of the 33rd: A bill to amend an act providing for the qualification and removal of members of the Merit System Council; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

691

SB 37. By Senator Turner of the 34th:
A bill to amend code section 56-224, (e) of the Code of Georgia, designated as "Authorized Investments by Insurance Companies"; and for other purposes.

SB 39. By Senator Pilcher of the 19th:
A bill to amend an act approved March 17, 1943 (Georgia Laws 1943, pages 216-222) by amending the section 3 thereof changing the salary of the director and treasurer; and for other purposes.

SB 64. By Senator Pilcher of the 19th:
A bill to provide for the payment of expenses to a judge of a superior court when serving on a re-count committee as provided by law; and for other purposes.

SB 80. By Senators Land of the 24th and Overby of the 3~rd:
A bill providing that the owner or operator of a visual or sound radio broadcasting station shall not be liable for defamatory statements made by one other than the owner or his agents; and for other purposes.

SB 81. By Senator Grayson of the 1st:
A bill to authorize the issuance and sale of investment certificates; to specify the terms and conditions which shall be incorporated in such certificates; and for other purposes.

SB 91. By Senator Pilcher of the 19th:
A bill to amend an act approved February 1, 1946 changing the compensation and expense incurred by members of the State Board of Correction; and for other purposes.

SB 92. By Senator Pilcher of the 19th:
A bill to amend an act approved February 1, 1946 for the purposes of changing the manner of handling funds arising from the sale of supplies and materials, live stock, etc., by the State Board of Corrections; and for other purposes.

SB 100. By Senator Purdom of the 46th:
A bill to authorize the eligible officials and employees of the Department of Audits and Accounts to become members of the "Employees Retirement System of Georgia"; to authorize the payment of contributions required under the system; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 10. By Senators Tarver of the 48th, Ursrey of the 54th and McCoy of the 4th:
A bill to be entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of Dentistry; and for other purposes.

692

JOURNAL OF THE SENATE,

SB 82. By Senators Grayson of the 1st and Zellner of the 22nd:
A bill requiring persons on the payroll of the State, its departments and agencies, county and city governments, school districts and boards of education to take a prescribed loyalty oath; repealing all laws in conflict herewith; and for other purposes.

The House has adopted the following resolution of the Senate to wit:
SR 43. By Senator Turner of the 34th:
A resolution directing the Governor to appoint a commission of ten persons to be chosen from the insurance industry, the purpose of preparing and presenting to the General Assembly a bill to revise and restate the insurance laws of Georgia; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House to wit:
HB 106. By Mr. Greer of Lanier:
A bill to amend an act by providing that the provisions of Chapter 34-19 and all amendments thereto shall apply and be operative in every county and municipality of this state and that it is unnecessary to have the grand jury approve of same, same relating to rules and regulations governing all elections; and for other purposes.

HB 147. By Messrs. Kemp of Clayton, Whitworth of Madison, Trapnell of Bulloch and others:
A bill to provide that every person, firm or corporation that sells, either wholesale or retail, distributes or gives away fireworks shall first secure a license from the county governing authority; and for other purposes.

HB 546. By Mr. Drinkard of Lincoln:
A bill to create a Board of Commissioners of Roads and Revenues for the County of Lincoln ; and for other purposes.

HB 87. By Mr. Davis of Bartow:
A bill to amend an act making 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 bonds may be paid by the county fiscal authorities from county funds ; and for other purposes.

HB 343. By Mr. Kitchens of Twiggs, Kellam and Malone of Laurens: A bill to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.
HB 307. By Mr. Walker of Telfair: A bill to amend an act which provides for a new charter for the City of McRae; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

693

HB 456. By Messrs. Coleman, Cohen and Bell 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 301. By Mr. Twitty of Mitchell:
A bill creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to make further and additional provisions for the eligibility of persons for appointment for such position; and for other purposes.

HB 445. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act to incorporate the town of Rest Haven in the County of Gwinnett; to create a charter and municipal government; and for other purposes.

HB 244. By Messrs. Gillis of Treutlen, Adams of Wheeler, Langdale of Lowndes, and others:
A bill to abolish the Department of Forestry, the State Division of Conservation, the office of ex-officio commissioner of Conservation; to create a State Forestry Commission; and for other purposes.

HB 417. By Messrs. Hollis, Shields and Pickard of Muscogee:
A bill amending the charter of the City of Columbus; granting power to said city to purchase, acquire, rent or lease property of all kinds; and for other purposes.

HB 598. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act creating the Cobb County Planning Commission; and for other purposes.

HB 470. By Mr. McCracken of Jefferson:
A bill .to amend an act entitled, "An Act to repeal section 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of state, county, city, municipal or school taxes; and for other purposes.
HB 267. By Messrs. Gowen and Nightingale of Glynn:
A bill to preserve for posterity certain portions of the 'Marshes of Glynn' as a memorial to Georgia's immortal Sidney Lanier; and for other purposes.

HB 507. By Messrs. Matthews and Baker of Clark, Moulton of Floyd, Pannell of Murray, and others:
A bill to amend an act entitled "Teachers Retirement System" to establish a retirement system for aged and incapacitated teachers in the state public schools; and for other purposes.

694

JOURNAL OF THE SENATE,

HB 86. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel, Gross of Stephens and others:
A bill for the prevention of the destruction of life and property by fire, explosion or related hazards; to create for such purpose office of Georgia Safety Fire Commissioner; and for other purposes.

HB 667. By Mr. Alverson of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing for the assessment of property owners for the cost of laying water systems outside the city; and for other purposes.

HB 491. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to fix the salaries of special bailiffs and of secretaries appointed by the judges in lieu of special bailiffs in the Superior Courts in counties having a population of 300,000 or more; and for other purposes.

HB 492. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the act granting charter to the Town of Palmetto so as to authorize increase of ad valorem taxes; and for other purposes.

HB 630. By Mr. Cagle 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.

The House has disagreed to the Senate amendments to the following bills of the House to wit:
HB 176. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the act creating the Civil Court of Fulton County, to increase the salaries of the judges; and for other purposes.

HB 331. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to amend an act approved August 16, 1915 relating to juvenile courts so as to fix the salary of the judge of the Juvenile Court in counties of 200,000 or more inhabitants; and for other purposes.

HB 532. By Messrs. Walton, Smith and Alverson of Fulton:
A bill providing for the appointment of the assistant solicitor general and deputy solicitor generals of the Criminal Court of Fulton County; and fixing their salaries; and for other purposes.

The Speaker has appointed as a committee of conference on part of the House

to confer with a similar committee on part of the Senate on HB 176, 331 and 532,

the following members of the House to wit:



Messrs. Alverson, Walton and Smith of Fulton.

SATURDAY, FEBRUARY 19, 1949

695

The House has adopted the following resolution of the House to wit:
HR 110. By Messrs. Kidd and Jennings of Baldwin:
A resolution requesting the State Hospital Authority to issue revenue certificates; and for other purposes.

The House has adopted the following resolutions of the Senate to wit:
SR 44. By Senator Ursrey of the 54th:
A resolution to authorize reciprocal agreements for trucks hauling farm produce as between the States; and for other purposes.

SR 40. By Senator LeCraw of the 52nd:
A resolution commending to the favor of the next national convention of the American Legion the name of Erie Cocke, Jr., as its next national commander.

SR 42. By Senator Ursrey of the 54th:
A resolution to request the reactivation of Camp Stewart; and for other purposes.

The following resolution was read and adopted.
By Senator Gholston of the 30th:
A RESOLUTION
WHEREAS, there has been much discussion concerning the reorganization of the State Highway Department, and
WHEREAS, we, the members of the State Senate, are desirous of cooperating with the House of Representatives and the Governor in finding the proper solution to this problem.
NOW, THEREFORE, Be It Resolved by the Senate of the State of Georgia that the President of the Senate appoint a committee composed of senators to make a thorough study of the question of reorganization of the State Highway Department, and that said committee report its findings and recommendations to this body at the next part of this unexpired legislative session.
The President appointed as a committee, Senators Gholston of the '30th, Smith of the 37th Pilcher of the 19th, Rich of the 8th, and Saunders of the 25th.
Senator Housley of the 32nd 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,

696

JOURNAL OF THE SENATE,

to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 10.

SB 87.

SB 100.

SB 80.

SB 39.

SB 64.

SB 92. SB 81.

SB 68. SB 120. SB 91.

SB 128. SB 121.

SB 37.

SB 76. SB 129. SB 122. SB 115. SB 118. SB 18. SB 23.

SB 24. SB 72. SB 12. SB 130.

SB 40. SR 43.

SR 18. SR 44.

Respectfully submitted, Housley of 32nd District, Chairman.

SATURDAY, FEBRUARY 19, 1949

697

Mr. Higginbotham of the 31st 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 696. Do Pass.

HB 694. Do Pass.

HB 693. Do Pass.

Respectfully submitted, Higginbotham of 31st district Chairman

Mr. Brooks of the 50th 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 414. Do Not Pass.
Respectfully submitted, Brooks of 50th District, Chairman

Mr. Higginbotham of the 31st 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 664. Do Pass. HB 665. Do Pass. HB 689. Do Not Pass. HB 461. Do Not Pass.
HB 692. Do Not Pass.
Respectfully submitted, Higginbotham of 31st District,
Chairman

698

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th 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 same back to the Senate with the following recommendations:

HB 308. Do Not Pass. HB 310. Do Not Pass. HB 162. Do Not Pass. HB 309. Do Not Pass. HB 601. Do Not Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Ayers of the 13th 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 429. Do Pass. HB 376. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman.

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under consideration the follow-
ing bill of the House and has instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 362. Do Pass. Respectfully submitted,
Pittman of 42nd District, Chairman

SATURDAY, FEBRUARY 19, 1949

699

Mr. Pittman of the 42nd 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 House and has instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 328. Do Pass By Substitute. Respectfully submitted, Pittman of 42nd District, Chairman

The following bills and/or resolution, favorably reported by the committees, were read the second time :
HB 362. By Messrs. Terrell and Moulton of Floyd:
A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the Superior Court, the sheriff, the ordinary, the tax collector and tax receiver; and for other purposes.
HB 664. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, to extend the limits of said city of Lakewood Avenue next to the Milliron property; and for other purposes.
HB 665. By Messrs. Alverson, Walton and Smith of Fulton:
A bill establishing a new charter for the City of East Point; to extend the limits of said city east and west of Sylvan Road to a point 200 feet south of Lakewood Road; and for other purposes.
HB 693. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend, consolidate and supersede an act incorporating the City of Dalton; and for other purposes.
HB 694. By Messrs. Bledsoe and Britton of Whitfield: A bill to amend an act so as to provide for the management and control of public sewer system in the City of Dalton, County of Whitfield; and for other purposes.
HB 696. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act so as to provide for the levy and collection of an annual ad valorem tax in amounts not to exceed one per .centum of all
the taxable property, both real and for ordinary current expenses, and at a rate not to exceed two per centum of the value of all taxable property within the limits of the City of Dalton, County of Whitfield; and for other purposes.

700

JOURNAL OF THE SENATE,

The following local bills and/or resolutions of the House and Senate were read the third time and put upon their passage:

HB 209. By Messrs. Langdale of Lowndes, Buie of Camden, Wilkes of Cook and others:
A bill to abolish the office of County Game Warden; providing for the appointment of State game wardens and State deputy game wardens; and for other purposes.

The report 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 675. By Mr. Summerour of Dawson: A bill to provide for holding three terms of court in Dawson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 678. By Mr. Kemp of Clayton.
A bill to incorporate the Town of Forrest Park in the County of Clayton; to provide the governing authorities of said town to increase the ad valorem tax rate on all 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 339. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize the State Highway Department, counties or municipalities having a population of 300,000 or more to establish limited access highways and local service ro,ds within the limits of such 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 19, 1949

701

HB 540. By Messrs. Holloway of Schley, Coogle of Macon and Lee and Pearlman of Sumter:
A bill to provide a salary for the official court reporter of the Southwestern 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 578. By Mr. Kennedy of Tattnall:
A bill creating a Board of Commissioners of Roads and Revenue of Tattnall County so as to change the method of electing and the salaries of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 426. By Mr. Willingham of Cobb:
A bill authorizing the State of Georgia to transfer by deed to Edgar Channell a tract of land located on the west side of Powder Springs Street; and for other purposes.
The report 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 679. By Mr. Smiley of Liberty:
A bill to repeal an Act approved March 25, 1947, the same being an Act to incorporate the City of Lambert; and for other purposes.
The report 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 703. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill constituting the charter of the City of Macon and relating to the rights, powers, and duties of said 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.

702

JOURNAL OF THE SENATE,

HB 676. By Mr. Griggs of Habersham: A bill to repeal the charter of the City of Demorest in Habersham county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was_ agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 687. By Messrs. Alverson, Smith and Walton of Fulton: A bill to regulate the payment of compensation out of the County Treasury of offical court reporters in counties of 200,000 population 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 30. By Messrs. Adams and Hurt of Polk:
To relieve T. K. Davitte, E. E. Washburn, H. H. Atwood, John H. Greenway, G. T. Spearman, W. D. Tripps and R. H. Cleveland as sureties on bond; 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was passed.

HB 698. By Messrs. Baker and Matthews of Clarke: A bill incorporating the Town of Winterville in the County of Clarke, so as to provide the right of assessment for the construction and maintenance of public works; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 690. By Messrs. Moulton, Covington and Terrell of Floyd:
A bill to provide for the compensation of the Treasurer of Floyd county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 19, 1949

703

HB 697. By Mr. Hartley of Crawford:
A bill to provide for the change in the method of compensation of the tax receiver of Crawford county; to provide for an increase in salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 691. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend the Charter of the City of Augusta incorporated as the City Council 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 684. By Messrs. Nightingale and Gowen of Glynn:
A bill to create a Board of Commissioners of Roads and Revenue for Glynn county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 685. By Messrs. Edenfield and Smith of Emanuel:
A bill relating to the charter of the Town of Twin City in the County of Emanuel; and for other purposes.
The report 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 701. By Messrs. Pickard, Hollis and Shields of Muscogee:
A bill to authorize the fixing of the salary of officers of the Municipal Court in and for the City of Columbus, County of Muscogee; and for other purposes.
The report 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.

704

JOURNAL OF THE SENATE,

HB 680. By Mr. Boone of Wilkinson:
A bill to provide that the Sheriff of Wilkinson county shall be paid the sum of $150.00 per month in addition to the fees and compensation now paid to said sheriff; and for other purposes.
The report 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 681. By Messrs. Hubert, Howard and MeWhorter of DeKalb and others:
A bill providing a salary for the official court reporter of the Stone Mountain Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 634. By Mr. Alverson of Fulton:
A bill to amend an act fixing the salaries of the Ordinary in all counties with a population of 300,000 or more; and for other purposes.

A BILL
To be entitled an Act to amend an Act approved January 31, 1946 and published Georgia Laws 1946, page 141, which is entitled:
"An Act to authorize and direct the Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditure of county funds in all counties in the State of Georgia having a population of not less than 300,000 according to the federal census of 1940, or any future federal census, to pay to the ordinary in each such county a salary of $9,000.00 per annum,"
by striking and eliminating from section 1 of said Act the words and figures, "$9,000.00 payable in equal monthly installments" (which words and figures occur in lines 8 and 9 of section 1 of said Act as published on page 141 of the 1946 Georgia Laws and by substituting for the portion of section 1 of said Act so stricken the following words and figures, to wit:
"Not less than $8,000.00 and not more than $10,000.00 per year payable in equal monthly installments, the exact amount of said salary to be fixed annually during each current year by the Board of Commissioners of Roads and Revenues or other governing authority of such county. The change in annual compensation provided by this Act shall become effective January 1, 1950 for the year 1950 and future years."
As so amended, section 1 of said Act approved January 81, 1946 shall read:
"Section 1. That from and after the passage and approval of this Act, the Commissioner or Commissioners of Roads and Revenues or other

SATURDAY, FEBRUARY 19, 1949

705

authority having control of the expenditure of county funds in all counties of the State of Georgia, having a population of not less than 300,000 by the federal census of 1940, or any future federal census, is authorized and directed to pay to the ordinary in each such county an annual salary not less than $8,000.00 and not more than $10,000.00 per year payable in equal monthly installments, the exact amount of said salary to be fixed annually during each current year by the Board of Commissioners of Roads and Revenues or other governing authority of such county. The change in annual compensation provided by this Act shall become effective January 1, 1950 for the year 1950 and future years."
Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 134. By Senator Massey of the 44th.
A bill to increase the salary of the tax commissioner of Dade County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 135. By Senator Zellner, of the 22nd.
A bill to fix the salary of the Commissioners of Roads and Revenues of Monroe County, Georgia at $600.00 per annum each; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 651. By Mr. Raulerson of Pierce:
A bill to revise, renew and consolidate the charter of the town of Patterson; and for other purposes.

Senator Purdom of the 46th offered the following substitute:

A BILL
To amend, consolidate and renew the charter of the Town of Patterson and the laws as amended incorporating the Town of Patterson as a

706

JOURNAL OF THE SENATE,

municipality; to prescribe the powers, privileges, rights and duties of said town and the officials thereof; to prescribe the corporate limits and extra corporate limits; to prescribe methods of adopting rules, regulations and ordinances, the enforcement thereof and penalties for the violation of such; to provide for a mayor's court, how conducted, its fines, penalties, duties, powers and privileges, how its orders and fines are enforced; to give power to grant franchises, to exercise eminent domain; to hold elections; to assess property for taxes, to collect taxes, fines, forfeitures, licenses, fees and costs; to provide for appeals and certiorari; to provide for construction and repair of streets, sidewalks, water and sewer mains, municipal buildings and other improvements, to abate nuisances, health and moral menaces; to repeal conflicting laws; and for other purposes.
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Patterson located in Pierce County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the "Town of Patterson" and by that name shall be and are hereby invested with all rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, tithes, property, easements and hereditaments now belonging or in any way appertaining to the Town of Patterson as heretofore incorporated, with power to govern themselves and the territory within the corporate limits and the territory, property and persons in the extraterritorial limits of said town by such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said Town as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That the Town of Patterson, as a municipality, shall have perpetual succession and is vested with the right to contract, to be contracted with, to plead and be impleaded, to buy, lease, own, enjoy, and sell property of all kinds, to have and use a common seal, and to do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said Town, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belong to municipal corporations generally under the law as well as those hereinafter enumerated.
(a) Be it further enacted that said Town of Patterson as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said Town of Patterson as heretofore incorporated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the Town as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the Town Council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein.
(b) That said corporate body under the name and style of Patterson shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy, and retain in perpetuality or for any term of years, or dispose of in any manner known to law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the Town of Patterson for corporate purposes. The said Town, through its Mayor

SATURDAY, FEBRUARY 19, 1949

707

and Aldermen as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the Town or its citizens and specially to make contracts with public or private electric light or power concerns, water works plants or gas companies or any other firm or company for their products, for public service and convenience; to assess values of property, to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of said municipality.
SECTION 2. Be it further enacted by the authority aforesaid, That the corporate limits of said Town of Patterson as enacted by this Act shall be as follows: Beginning at the center of the main public railroad crossing, where the public road, known as State Highway No. 32, crosses the track of the Atlantic Coast Line Railroad in said town, and running and extending in every direction from said point a distance of seveneights (7/8) of a mile.
SECTION 3. Be it further enacted by the authority aforesaid that for the purpose of protecting the peace, good order, morals, health, well being and property of said Town and the inhabitants thereof, its corporate limits and its jurisdication shall extend for one-half mile beyond its limits as now defined and specified in the preceding section. The primary purpose of this Section is to grant power, and authority for police and sanitary purposes, within said extraterritorial zone thus created. The Town Council, themselves, or through and by the Town employees shall have the power and authority to abate and remove nuisances and any and all things that may be deleterious to the health, good order, peace, or well being of the Town of Patterson, to preserve order, to supervise and protest Town property, to serve writs, warrants and other legal papers, to make arrests and do any and all other acts or things necessary to carry out the intent of this section. Said Town Council may exercise full police power of the State in said zone and may adopt ordinances, resolutions and regulations as they may deem expedient for the purpose of regulating matters and people within said zone for police, sanitary and the purposes aforesaid, as well as prohibiting, regulating and supervising all acts and things and various kinds of businesses therein which may tend to debauch or effect the morals, health or peace or become a source of disorder, disease or annoyance of the inhabitants of the Town of Patterson.
SECTION 4. Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said Town of Patterson shall be vested in a mayor and six aldermen to be known as "Town Council". That the mayor and aldermen shall be elected from the Town at large in the manner hereinafter provided. The term of the mayor shall be for two years and the term of each alderman shall be for two years.
(a) The present mayor shall continue in office as the Mayor of the Town of Patterson under this charter until the expiration of the term for which he was elected, and until his successor is elected and qualified ; and the present Aldermen of the Town of Patterson shall continue in office as Aldermen of the Town of Patterson until the expiration of the terms for which they were elected, and until their successors are elected and qualified, and they and their successors in office shall have and exercise all the rights, powers, privileges and duties hereby conferred on the Mayor and Aldermen of the Town of Patterson created by this Act.

708

JOURNAL OF THE SENATE,

(b) Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall constitute the Town Council of said Town and as such shall have full power and authority from time to time to make rules, laws, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, railroad crossings, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers herein shall not be considered restricted to said powers alone, but shall include all and every other thing and power incident to municipal government by this Act or Acts herefore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act.
(c) That said Town Council shall have the authority and power to negotiate for loans, to borrow money on behalf of the Town of Patterson, to pledge the property and assets of said Town as security, and to execute such and all instruments they deem necessary for any loan made to said Town.
(d) That the mayor and three aldermen shall constitute a quorum for the transaction of any business before the Town Council at its regular meeting, and the mayor and four aldermen shall constitute a quorum for the transaction of any business at a called meeting, and a majority of the votes of those aldermen present shall determine all questions coming before council.
(e) That said council shall hold regular meetings at least once a month at stated times and places in said Town.
(f) That said Town Council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tern, or if two or more aldermen request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tern in the absence of the mayor, to comply with such request. Notice of all special meetings of Town Council shall be given each alderman when said officer is in said Town and can be located.
(g) That at any meeting any alderman shall have the right to call for an aye and nay vote upon any questions requiring action by council and such aye and nay vote will be taken if three aldermen vote for same and the vote will be shown on the minutes of Town Council.
(h) That all meetings of Town Council shall be public and the public shall be allowed at all times to witness and hear the deliberations of Town Council, except when Town Council resolves itself by a majority vote into executive session, then the public shall be excluded.
SECTION 5. Be it further enacted by the authority aforesaid that general elections of said Town shall be held on even years on the second Saturday in December, the next general election shall be held in 1950,

SATURDAY, FEBRUARY 19, 1949

709

and at such general election Town officials are to be elected by the qualified voters of said Town to fill the vacancies in terms of office which expire on December 31st of the year of the general election.

SECTION 6. Be it further enacted by the authority aforesaid, That if for any reason there should be a failure to have the regular election for Mayor and Aldermen at the regular time provided for the same by this charter, it shall be the duty of said Town Council in power to order an election as early as practicable thereafter by giving at least ten days notice of the same by posting notices on the same in two or more public places in said Town, and such election shall be held and managed and results declared in the same manner as a regular election, as provided for hereafter. All special elections for any case shall be held as provided for in this section.

SECTION 7. Be it further enacted by the authority aforesaid, That any person shall be eligible to the office of Mayor or Alderman who is a citizen of said Town and who is a freeholder therein, and who shall have resided in the State three years, in the county two years, and in the Town of Patterson one year, next preceding an election at which he is a candidate, and having reached the age of 21 years of age.

SECTION 8. Be it further enacted by the authority aforesaid, That every citizen of said Town of Patterson, incorporated under this Act, who is eighteen years old and has lived in said State one year and in said town six months next preceding any election and who is legally qualified to vote under the laws of said State, shall be qualified to vote at any election held in the Town of Patterson for any purpose whatever, providing the person has met the requirements of registering as a voter in the Town of Patterson.

SECTION 9. Be it further enacted by the authority aforesaid, That

the election for Mayor and Council for said town shall be held on the

second Saturday of December in even years, that all elections for Mayor

and Aldermen and elections on any questions submitted to the voters of

,,.

said town shall be held at the court house of the Justice of the Peace in

~...,

said town or such other place as may be designated by Town Council pro-

viding notice is posted for a period of ten days as provided for herein.

The Mayor and Aldermen shall have full power and authority to call any

special election for any purposes, whenever they deem it expedient for the

interest of said town. All elections are to be held by at least two persons

who shall be qualified to hold and superintend elections for members of

the General Assembly of this State, and said election shall be held in the

manner and under the rules and regulations as adopted by the Town

Council, except as herein provided, and that said elections may be opened

at ten o'clock A. M. and closed at four o'clock P. M. The managers of

said elections shall certify the names of those elected, which certificate

shall entitle the holders thereof to qualify to hold the offices to which they

were elected.

SECTION 10. Be it further enacted by the authority aforesaid, That the election holders shall determine the results of said election by a majority vote of the ballots cast, that the manager of said election shall deposit with the Clerk of said town all tally sheets and other records which may be disposed of by Town Council in any manner they desire.

That in the event two or more vacancies are to be filled each voter shall vote for all places to be filled and unless a ballot is so marked it shall not be counted.

710

JOURNAL OF THE SENATE,

The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of the election holders to so declare and deliver a certificate of election to each candidate so elected.
Any person who has an interest in any election of the Town of Patterson may appeal any decision or outcome of any election which is adverse to him to the Town Council who shall hear and determine said appeal. If the applicant then being dissatisfied with the decision of Council he may certiorari to the Superior Court in and for Pierce County, Georgia.
SECTION 11. The Town Council shall and is hereby given authority and empowered to make and promulgate all rules and regulations not inconsistent with this charter for the holding of all elections, for the registration of voters, for the classifications of candidates, for the preparation and preparing a registration book and voters' list, and all other matters pertaining to registration, elections, and the holding of the same, as well as to contests, appeals and the hearing of the same.
SECTION 12. Be it further enacted that the Mayor of said Town shall be the chief executive officer of the Town of Patterson. He shall see that all laws, ordinances, resolutions, and rules of said Town are faithfully and fully executed and enforced, and that all officers of said Town faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said Town. He shall preside at all meetings of the Town Council, and shall vote only in case of a tie vote of Council and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by Council, if in his judgment such ordinance, rule, resolution or regulation is not to the best interest of said Town. In the event of a veto, then such ordinance, resolution or regulation, shall not be valid unless passed at a subsequent regular meeting of the Town Council by the affirmative concurring vote of two-thirds of the Aldermen present. The ayes and nays shall be taken and recorded. In the event the Mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by Town Council, then the ordinance, resolution, rule or regulations becomes in full force and effect in the same manner as if the same was approved by the Mayor.
(b) Be it further enacted that the Mayor and each member of Council before entering upon the duties of his office shall take and subscribe to the following general oath:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Alderman (or as the office may be) of the Town of Patterson to the best of my skill and ability and as to me shall be to the best interest and welfare of said Town, without fear, favor, or affection, so help me God."
The foregoing oath shall be deemed sufficient and adequate for any town official.
(c) Be it further enacted that the Mayor, or the Mayor Pro Tern or the Senior Alderman when either the Mayor Pro Tern and such alderman is acting as Mayor in case of disqualification or absence of the Mayor and Mayor Pro Tern, shall have the right to remit or reduce fines and to release any person or persons imprisoned by the Town or serving under sentence imposed by a Town official and to commute the sentence.

SATURDAY, FEBRUARY 19, 1949

711

(d) That the Mayor of said Town shall preside over all meetings of Town Council and at the Mayor's Court, and he shall have authority to convene the Council in special session whenever he deems it proper to do so. The Mayor shall not have the right to vote upon any question before said Town Council, except in the election of officers and employees of the Town and in cases of a tie vote of Council.
SECTION 13. Be it further enacted that the Town Council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect an Alderman as Mayor Pro Tern; whose duties shall be to perform all the duties of Mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualifiedMayor as provided for herein. That in case of vacancy in the office of the Mayor, the Mayor Pro Tern shall perform all the duties pertaining to the office of Mayor until the next regular election, at which time a Mayor shall be elected. The Mayor Pro Tern when so acting shall be known as "Acting Mayor".
SECTION 14. Be it further enacted by the authority aforesaid that the Town of Patterson is hereby granted the power and privilege of eminent domain, and the Town Council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, playgrounds, water supply, sewers, for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements.
(b) The said Town Council is authorized and empowered to take and condemn personal property in the same manner as above when needed fo1 public purposes of the Town.
(c) Be it further enacted by the authority aforesaid that the Town Council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said Town and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, of whatsoever nature. The power and authority of eminent domain is granted to said Town for these purposes and should eminent domain be exercised the laws of Georgia in force at the time eminent domain is exercised by the Town shall govern the procedure.
SECTION 15. Be it further enacted by the authority aforesaid, That the office of clerk and treasurer of said town may be combined, one person holding both positions at the option of Town Council, and it shall be the duty of such clerk and treasurer to collect and keep, subject to the direction of said Town Council, all money due and belonging to said town, to be the custodian of the books and records of said Town, to attend and preserve a minute record of all acts and doings of each meeting of the Town Council, to be ex-officio clerk of the Mayor's or police court of said town and to perform all and such other duties as are required of him under this act and which may be required of him from time to time by the Ordinances and regulations of said Town Council. He shall keep records upon which he shall make entries of all sums of money received and all moneys paid out, when and to whom and for what purposes; shall give receipts for all money received by him and take receipts for all moneys paid out by him. Shall keep a tax digest of all property, real and personal, returned for taxation and collect all municipal taxes not otherwise provided for, issue all executions for and against defaulters for taxes for fines and other purposes, said executions to be directed to the marshal of

712

JOURNAL OF THE SENATE,

said town and his deputies, issue all licenses and collect all license fees and other moneys due the town, including the street taxes, and shall be the custodian of all the funds of said town, and shall do and perform all such duties as may be imposed upon him by the Mayor and Town Council. Such clerk and treasurer shall receive such salary, or fees and costs, or both, as the Town Council may see fit and proper to fix as compensation for his services. Before entering upon the discharge of his duties as such clerk and treasurer, he shall enter into a bond as the Town Council shall deem proper, with good and sufficient sureties, to be approved by the Mayor, and payable to the Mayor of the Town of Patterson and his successor in office conditioned to faithfully discharge all the duties devolved upon him as such officer and to collect and pay over and account for all moneys and other incomes of said Town from whatever source derived. Said bond to be filed and recorded on the minutes of the Town Council.
SECTION 16. (a) There shall be a city marshal for the Town of Patterson, elected by the Town Council, and he shall make levies for taxes and other executions issued by said Town, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by Town Council.
(b) Be it further enacted, that the Town Council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the Town Council may deem such to the best interest of the Town. Each person elected or appointed by the Town Council and accepts the appointment and employment subject to being removed and dismissed at any time by the Mayor or Town Council. Appeal may be made to the Town Council of the person so dismissed or removed desired, and in the event his appeal is sustained by an affirmative vote of four members of Council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the Council, then his salary will cease effective at the time of his removal or dismissal by the Mayor or Council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Pierce County, Georgia.
(c) Be it further enacted by the authority aforesaid that Town Council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said Town of Patterson, including the Mayor and Aldermen. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of Council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined the same amount will be paid under the same terms until changed by the Town Council.
SECTION 17. Be it further enacted by the authority aforesaid that the Town Council is hereby granted power and authority to authorize any arresting officer of said Town to take and accept bond for the appearance at Mayor's or police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further

SATURDAY, FEBRUARY 19, 1949

713

security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the Town of Patterson will be required as security on said bond. The arresting officer will pass upon the security.
(b) In the event the principal appears in Mayor's court at the time specified in said bond, the cash will be returned to him, if a cash bond was given, and if a security bond was given, the surety will be relieved. of further liability on the bond.
(c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the Town. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi returnable to the next regular term of Mayor's court against the principal and his surety, which shall be served by the city marshal or any policeman upon the principal and surety if either can be found at least five days before the returnable term. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of mayor's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution and fi. fa. may issue to enforce the collection of the said judgment and when collected the funds are to- be placed in the general funds of said Town for its use.
(d) Should the principal, who is the defendant, fail to appear at the mayor's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by any arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the Town of Patterson for trial.
SECTION 18. Be it further enacted by the authority aforesaid that Town Council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The Town Council or the Town Tax Assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and Town Council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm, or corporation failing to make such return.
SECTION 19. Be it further enacted by the authority aforesaid that Town Council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the Town of Patterson, and to require each itinerant or irregular or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the Town of Patterson to make application for a license or permit, and to pay a tax or license fee to the Town of Patterson. Town Council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to the person, firm or corporation which may exempt from the payment of the same by the laws of this State or of the United States, but Town Council is granted the power and authority to

714

JOURNAL OF THE SENATE,

require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the Town of Patterson.
SECTION 20. Be it further enacted by the authority aforesaid that the said Town Council shall have the right and power to raise necessary revenue to properly carry on the government of said town, to build and repair sewers, water lines, procure water supplies to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of town officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the town, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of Town Council to add to the comfort, safety, convenience, benefit, health, advantage of said town and the citizens thereof, and for the improvement of said town as may in their best judgment be necessary and for other purposes, in order to properly carry on the town government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said Town, as council may determine, subject under the law to pay such tax. Also annually to tax not exceeding five ( 5) per centum of the value on all the property within the corporate limits of said town; also to impose and collect such tax or license fee as the Town Council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or tax in such manner and by such methods as Town Council may deem to the best interest to said town; but all taxation on property shall be uniform on. the same class of subjects and ad valorem in said town.
SECTION 21. Be it further enacted that every firm, person or corporation owning property, real or personal or otherwise, subject to taxation by the Town of Patterson, shall annually make a return of such property for taxation to the Clerk of said town, he being the Clerk of Town Council, at such times and places as may be designated by the Town Council. The Town Council may prescribe such forms, including questions thereon, as they may deem advisable and necessary for the return of property. The Town Council may provide penalties for the failure to return property for taxation and may themselves make or delegate the authority to have such returns made on behalf of the defaulting party.
SECTION 22. The Mayor and Aldermen of said Town of Patterson shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The Town Council shall have authority and power fo provide when taxes shall become due; when taxes shall become delinquent and past due, and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of

SATURDAY, FEBRUARY 19, 1949

715

taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the Town of Patterson, the same shall be a lien against all the property owned by the tax payer who is the defendant in fi. fa. and may be levied by the Town Marshal or any other authorized by the laws of this State to make levy and sale. The Town Marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as Sheriff's sales of this State.
SECTION 23. Be it further enacted by the authority aforesaid that it shall be the duty of Town Council each year to carefully inspect the returns of property made and to pass upon the valuation placed on such property for the purpose of taxation. This authority may be delegated to a board of Tax Assessors elected by the Town Council. The number and qualifications of said tax assessors are to be determined by Town Council. In assessing property for taxes it is the duty of the Town Council, if they act as assessors, or for the Board of Tax Assessors named and appointed by the Town Council that all property shall be assessed as to equalize the values placed upon the property for taxation, taking into consideration the value, location and the value placed on adjacent property. It shall be the duty of the Town Council, if acting as Tax Assessors, or the Board of Tax Assessors if so elected, to examine carefully all returns of both real and personal property made in the Town of Patterson and if an opinion is reached that the taxpayer or owner of such property has omitted from the return so made any property which should have been returned or has failed to return any of his property according to terms of this Charter and the rules and regulations promulgated by Town Council, there shall be a return made for such defaulting person with such penalty attached thereto as Council may provide for failing to make such return or the values changed on any item appearing on any return of any taxpayer.
SECTION 24. In the event any changes are made on the returns of any property owner whereby the value of the property is raised, additional property is added, or a return is made for a defaulting property owner, it shall be the duty of the Town Clerk to give a notice of the action taken to the property owner, his agent or representative, and a notice mailed from the Post Office at Patterson, Georgia, properly addressed, with sufficient postage thereon shall be deemed ample and sufficient notice. The notice described herein shall be given at least five days before a hearing before Town Council or a Board of Tax Assessors, whichever is acting, to give the taxpayer, his agent or representative an opportunity to be heard with reference to said changes made in the tax return. In the event a taxpayer is dissatisfied with the decision made as the result of this hearing, which decision must be made within a period of ten days from the ending of such hearing, the taxpayer may appeal to Town Council, and then if the taxpayer is still dissatisfied with any decision he may request an arbitration of the valuation placed on the property and in such request he shall designate one arbitrator to represent the taxpayer. The Town Council upon receipt of this request from the taxpayer at its next regular meeting shall name one arbitrator and notify the taxpayer within a period of five days from said election. It shall be the duty of the two arbitrators, one representing the Town of Patterson and one representing the taxpayer, to meet and adjust any differences which may exist if possible and if the two arbitrators fail to reach any agreement, then they shall select a third arbitrator who will meet with them for the purpose

716

JOURNAL OF THE SENATE,

of determining all differences with reference to the valuation of the property so appealed. The decision of the arbitrator shall be final and binding upon both the Town of Patterson and the taxpayer thereof.
SECTION 25. Be it further enacted by the authority aforesaid that the Town of Patterson is granted power and authority to issue executions and fi. fas. against any person, firm, or corporation for any debt or claim the Town may have against said person, firm, or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees, and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes, for abating nuisances, and such other claim, demand or debt due the Town.
(b) The said execution or fi. fa. shall issue in the name of said Town by the Clerk of Council or other officials designated by Town Council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm, or corporation against whom the execution or fi. fa. is issued. The same may be recorded in the records of the Clerk of Pierce Superior Court and shall have the same dignity as an execution or fi. fa. issued from Pierce Superior Court.
(c) The Town of Patterson is granted authority and power to serve said execution of fi. fa. to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the Mayor of said Town is authorized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten days by posting notices at two public places in said Town. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at two places for three days. The Marshal of said Town, unless some other official is designated by Town Council, shall make levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchases in possession. Sale of personal property may be made within the corporate limits of said Town.
(d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, or any other pleading as provided for by law, returnable to Pierce Superior Court.
SECTION 26. Be it further enacted by the authority aforesaid that the Town Council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said town and assess any or all the costs or expenses thereof against abutting property, and enforce the same by execution.
SECTION 27. Be it further enacted by the authority aforesaid that the Town of Patterson through its Town Council shall have the power and authority to extend, rebuild, and repair any sewer or water mains in said Town. The said Town is hereby specifically granted the authority and power to issue revenue certificates, bonds or any other form of indebtedness to provide for the payment of the cost of such improvements.
SECTION 28. Be it further enacted that said Town, by and through its Town Council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and

SATURDAY, FEBRUARY 19, 1949

717

systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby, and in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the "Revenue Anticipation Law of 1937", of this State, and Acts amendatory thereof.
SECTION 29. Be it further enacted by the authority aforesaid that the Town Council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the Town of Patterson, and shall have the power and authority to pass such ordinance as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of Patterson to impound or kill any dog or dogs at large within the corporate limits of Patterson whose owner has failed or refused to pay such tax, and also to otherwise provide for punishment of such owner or owners.
(b) That Town Council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals found in said Town which are not so treated.
SECTION 30. Be it further enacted that the Town Council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals, from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premisese where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said Town places for the burial of the dead, and regulate the interment therein, to act as trustee under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said Town by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire, to exempt the officers and employees of the Town from street tax; to protect the person or property of the citizens of said Town; to regulate and control public meetings and public speaking on or in the streets of Patterson; to contribute and support any work for the physical and moral uplift and benefit of the people of this Town; to prevent the obstruction of the streets of said Town, or prevent the gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the Town limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia and of the United States.
SECTION 31. 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 Town Council of the Town of Patterson may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the Town for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purposes of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may

718

JOURNAL OF THE SENATE,

be based upon any one or more of the purposes above described. The Town may be divided into such number of zones or districts and such districts may be of such shape and area as the Mayor and Aldermen of said Town shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out the provisions of this Section.
SECTION 32. Be it further enacted by the authority aforesaid that the Town Council shall have authority to establish a Town jail, and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safe keeping and that said Town shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said Town. The presiding officer at the Mayor's Court is granted authority to sentence any person convicted of the violence of any ordinance or law of said Town to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. Town Council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp.
SECTION 33. Be it further enacted by the authority aforesaid that the Mayor's Court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish the contempt for not more than 5 days. in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that Town Council may have the same rights as Mayor's Court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the Clerk of Council and levied as other executions.
SECTION 34. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of Mayor's Court shall be had to the Superior Court of Pierce County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made.
SECTION 35. Be it further enacted by the authority aforesaid that the Town Council is vested with power and authority to establish fire limits or fire zones in said Town, and to prohibit the erection or remodeling of any building or other structures as will, in the opinion of said Town Council, increase the fire risks in such part or parts of the Town of Patterson as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words "house and building" as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires.
(b) Town Council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits,

SATURDA~ FEBRUARY 1~ 1W9

719

and the manner in which materials may be used in erecting or repairing or remodeling such house or buildings.
(c) Town Council shall have supervision and control for safety measures of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitaable restrictions, rules and regulations for the operation, storage and conduct around and near such places.
(d) That said Town shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said Town limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in Council's opinion will endanger the Town or any property therein as to fire.
(e) That Town Council may summarily declare any building structure or house dangerous when the same appears to Town Council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health in said Town or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by Town Council instanter and they may summarily condemn it and cause it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction or spread of infectious diseases. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this Section, the Town of Patterson in its corporate capacity shall be liable to the owner thereof only for the actual cash value thereof and shall not be liable for any prospective damages in connection therewith.
SECTION 36. Be it further enacted, that the City Council is hereby authorized, in its discretion, to make appropriations and payments from the general funds of the Town for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any building belonging to the Town may be used for such purposes; and also to make appropriations and payments from the general funds of the Town for the purpose of advertising said Town, and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the Town, and also for making contributions to any board of trade or chamber of commerce, or similar body in said Town, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the Town for the support of public hospitals, libraries, charities and other eleemosynary institutions in the Town. The said Town is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Patterson, however this exemption cannot exceed five years.
(b) The said Town is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the Town or for public use and enjoyment.
SECTION 37. Be it further enacted that the Town Council of the Town of Patterson shall have power to authorize the Marshal or any po-

720

JOURNAL OF THE SENATE,

!iceman of said Town to summons, orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinances of said Town or laws of this State, and to provide penalties for any person or persons failing or refusing to obey said summons. Such person or persons assisting the Marshal or policeman are hereby granted the immunities and privileges of a regular policeman of said Town.

SECTION 38. Be it further enacted that the Town Council shall have power and authority to require any person, firm or corporation to obtain from said Town written permit to build, erect, repair or remodel in said Town any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The Town Council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The Town Council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits.
SECTION 39. Be it enacted by the authority aforesaid that the Town Council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said Town and upon the streets, railroads, highways, alleys, or other places in said Town.
SECTION 40. Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have the power and authority to grant franchises, easements, and rights of way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks and other property of the said Town. The Town Council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances.
SECTION 41. Be it enacted by the authority aforesaid that all sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The Town of Patterson may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The Town may also sell and convey title to any property owned by it, upon ordinance or resolution passed by Town Council.
SECTION 42. Be it further enacted, that said Town Council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said Town; also to levy a tax on each dog in said Town not to exceed two dollars a year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said Town, and to enforce the provisions of this section, including the advertising and sale of such animal which may be impounded. To assess fees and costs therefor and provide for the collection and payment thereof.
SECTION 43. Be it further enacted, that all unliquidated claims against said Town of Patterson shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held

SATURDAY, FEBRUARY 19, 1949

721

by minors or other person laboring under disabilities, who are allowed twelve months after the removal of such disability.
SECTION 44. Be it further enacted that the Town Council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the Town of Patterson to provide for and to punish any person or persons found guilty of loitering or vagrancy.
SECTION 45. Be it further enacted that the Town Council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said Town, providing however, this section shall not apply to any citizen when defending or protecting his person, family or property.
SECTION 46. Be it further enacted that the Town Council may declare what shall be a nuisance in said Town, and provide for the abeyance of the same. The Town Council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said Town; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated an expense or cost to the Town of Patterson and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the Town of Patterson shall issue execution in the name of said Town for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the Superior Courts of this State.
SECTION 47. Be it further enacted that the Town Council shall have full power and authority to establish costs or fee-bill for the officers of said Town, such fees when collected, to be paid into the Town Treasury and that until, and unless, changed by ordinance the same fees shall be charged and collected by the said Town officers in so far as applicable, as it now or may hereafter be provided for sheriffs and clerks of the Superior Courts of this State. The Clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees or costs.
SECTION 48. The Town Council is authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said Town. The Town Council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the Town Council may deem necessary. That the said Town shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided for in this Section.
SECTION 49. Be it further enacted that the Town Council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to the laws of this State; to prohibit all

722

JOURNAL OF THE SENATE,

games and amusements within the Town limits not consistent with the proper observance of the Sabbath Day.
SECTION 50. Be it further enacted by the authority aforesaid that Town Council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the Town limits or within the extra one-half mile limit without the Town limits as referred to herein where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said Town or the inhabitants thereof.
SECTION 51. Be it further enacted by the authority aforesaid that the Mayor of said Town shall have the power and authority to hold a court to be known as "Mayor's Court" at such time and place in said Town as he may designate for the hearing and trial of offenses, committed against or for the violation of the by-laws, regulations, ordinances, or laws of said Town.
(b) The Mayor is authorized and empowered to hear and try those charged with the violation of, or offenses against, the bylaws, rules, regulations, ordinances, or laws of said Town and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed two hpndred dollars, or by confinement in the town jail or stockade or elsewhere in a place of confinement as may be designated by the Mayor, not to exceed sixty days, or by labor on the streets or public works of said Town under the control, supervision and discretion of the proper officers not to exceed four months. The Mayor may sentence the defendant to either one or more of said penalties or any part hereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The Mayor may also require that the costs of prosecution shall be paid by the defendant.
(c) It shall be a sufficient description of the punishment to be imposed for the violation of any bylaws, rule, regulation, ordinance or law of said Town for the Town Council thereof to say in such bylaw, rules, regulation, ordinance, or law that the violation thereof shall be punished as provided in Section Fifty-one of this Act (or the present or former rules, regulations, bylaws, ordinances or laws by reference to the Town Charter or any portion thereof) without setting it out in full or detail in the ordinance, bylaw, regulation, rule or law, if they so choose.
(d) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said Mayor's Court, the same may be enforced and collected by an execution issued by the Clerk of Council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes.
(e) The Town Council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in Mayor's Court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the Town Council, the charges for costs shall be the same as are now or as may be lawfully charged in Superior Courts of this State.
(f) The Mayor and said Town shall be ex-officio justice of the peace so far as to enable him to issue warrants for any offense, state or city,

SATURDAY, FEBRUARY 19, 1949

723

committed within the Town limits of said Town. Said warrant may be served by the marshal or police of said Town or by any other arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said Town. Offenders so arrested may be carried before the Mayor, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaw or ordinance or law of said Town has been violated, then the Mayor may bind the offender over to the proper court, and to commit the accused to the jail or place or confinement to answer the charge against him, provided, that the Mayor may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State Courts then all papers should be delivered to the clerk of the court to which the accused was bound over.
(g) That the Mayor Pro Tem may serve as the Mayor when the Mayor is absent, disqualified, or unavailable to serve, and should both the Mayor and Mayor Pro Tem be absent, disqualified or unavailable to serve, then the Alderman with the longest service as Alderman of said Town ma! serve as presiding officer at Mayor's Court.
SECTION 52. Be it further enacted by the authority aforesaid that any person, firm or corporation who may be dissatisfied with any decision made by the Mayor, Town Council or other official, whether the same be a Commission, Board of persons of said Town, may appeal to the Town Council of Patterson for a hearing thereon. Such appeal shall be in writing addressed to the Town Council of Patterson and shall state the question or questions or decision upon which appeal is made. The appeal shall also state what alleged errors were made and how the corrections should be made of any alleged errors complained of. In the event the applicant is dissatisfied with the decision of Town Council he may certiorari the decision of Town Council to the Superior Court in and for Pierce County, Georgia. The rules of procedure with reference to certiorari in force at that time shall prevail.
SECTION 53. Be it further enacted by the authority aforesaid that the following shall be deemed a good and sufficient oath to be taken by any person serving the Town of Patterson in any official capacity whereby an oath is required:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (naming the office) the Town of Patterson to the best of my skill and ability and I shall serve the best interest and welfare of the Town of Patterson to my utmost without fear, favor or affection. So help me God."
SECTION 54. Be it further enacted by the authority aforesaid that the sections and provisions of this Charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect.
SECTION 55. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed.

724

JOURNAL OF THE SENATE,

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

HB 328. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to provide the appointment of a qualified attorney to represent the ordinary in lunacy cases; to provide compensation for such attorney; and for other purposes.
Senator LeCraw of the 52nd offered the following substitute:
An Act to amend the Code of Georgia of 1933, Section 38-1501, pertaining to the attendance of witnesses and the fees therefor to provide for the payment of fees by the State to any Sheriff, deputy sheriff or member of any municipal or county police force attending any superior court, other State or County court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, in certain cases; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same:
Section I. The Code of Georgia of 1933, Section 38-1501, is hereby amended by adding the following language thereto: "Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other state or county court having jurisdiction to enforce penal laws of this state or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the state during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of Two ($2.00) Dollars per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor general or the solicitor of the court attended, and the amount due shall be paid out of county funds; provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day", so that said Section 38-1501 as amended shall read:
"When the attendance of any person resident in the county shall be required as a witness in any court, the clerk of such court (or, if there be no clerk, the presiding judge or justice) shall, on application, issue a writ of subpoena, directed to such person, requiring him to appear and testify in the case stated, and at the time stated. Such subpoena shall be served on the witness personally, by any person capable of proving the same, at least one day before the trial of the cause. The witness so summoned shall attend the court from term to term until the case is tried.

SATURDAY, FEBRUARY 19, 1949

725

If there be an appeal or new trial, notice of the fact, without a new subpoena, shall be sufficient to require the attendance of the witness. The witness fee shall be 75 cents per diem. Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other state or county court having jurisdiction to enforce penal laws of this state or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the state during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of Two ($2.00) Dollars per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor general or the solicitor of the court attended, and the amount due shall be paid out of county funds; provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day."
Section II. 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 28, nays 0.
The bill, having r1ceived the requisite constitutional majority, was passed by substitute.

Senator LeCraw of the 52nd asked unanimous consent that the Senate reconsider its action in the passage of the following bill of the House:
HB 634. By Mr. Alverson of Fulton:
A bill to amend the act fixing the salaries of the ordinary in all counties with a population of 300,000 or more; and for other purposes. The consent was granted, and the action was reconsidered.
HB 427. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide supplements for salaries of judges and solicitor general of Criminal Court of Fulton County; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment:
Amend HB 427 relating to the salaries of the judges and solicitor general of the Criminal Court of Fulton County as follows:
Amend Section 1 of HB 427 by striking and eliminating the second paragraph, which includes all of lines 13 to 20, inclusive, of Section 1 of HB 427 and by substituting therefor the following paragraph:
From and after the passage and approval of this Act the annual salary of the judges of said court shall be the sum of Ten Thousand ($10,000.00) Dollars each, payable monthly out of the treasury of Fulton

726

JOURNAL OF THE SENATE,

County, and the annual salary of the solicitor general of said court shall be the sum of Ten Thousand ($10,000.00) Dollars, payable monthly out of the treasury of Fulton County, except that in the event of a general cut of all or practically all of the county employees of Fulton County the Board of Commissioners of Roads and Revenues or other governing authority of Fulton County shall be authorized by order entered on the minutes of said county authority to reduce said annual salaries to an amount not less than $9,000.00 Dollars. Said salaries provided by this Act shall be in lieu of any salaries heretofore prescribed by law for the said judges and solicitor general of said court.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 673. By Messrs. Walton, Smith and Alverson of Fulton:
A bill establishing a new charter for the City of Atlanta relating to insurance for all members of the police department; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend HB 673, Section 2A. Section 3 of the act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874," etc., being HB 144, approved February 7, 1949, be amended by adding to the end of Secti<tJI 3 thereof the following language:
"The terms and provisions of this section shall apply to all officers and employees of the city and shall include policemen and firemen, as well as general employees."
so that said section, when amended, shall read as follows:
"In addition to the group life insurance provided for in Section 6-325 of the Official Code of the City of Atlanta of 1942, the City of Atlanta is authorized to contract to purchase additional group life insurance not to exceed $1,500 on the lives of certain employees of the City of Atlanta, in such groups of employees and in such classifications of amounts of insurance as it deems proper (Provided that not less than seventy-five (75%) per cent of the eligible employees in any such group or classification shall elect to be insured), and the City is authorized to contribute part of the cost of such insurance in the same manner and under the same conditions as set forth in Section 6-325 of the Official Code of the City of Atlanta of 1942. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so, the Comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured. The terms and provisions of this section shall apply to all officers and employees of the city and shall include policemen and firemen, as well as general employees."
The amendment was adopted.

SATURDAY, FEBRUARY 19, 1949

727

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for considering aHouse amendment thereto:
SB 40. By Senators Smith of the 37th and Foster of the 40th:
A bill to repeal section 59-705 of the Code of 1933 and to substitute a new section 59-705; to provide in all civil causes it shall be good cause of challenge that a juror has expressed an opinion or with as to which party ought to prevail; to provide for individual examination of the panel of jurors without interposing any challenge; and for other purposes.

The House amendment was as follows:
Amend SB 40 by adding the following language after the words "any challenge" in line 13 of section 2.
That in all criminal cases both the state and the defendant shall have the right to an individual examination of each juror from which the jury is to be selected prior to interposing a challenge."
And the committee moves to amend SB 40 by adding after the word "panel" in line 14 of section 2 the following words: "or in criminal cases after the usual voire dire questions have been put by the court."
Senator Smith of the 37th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 29, nays 0, and the amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 82. By Senators Grayson of the 1st and Zellner of the 22nd:
A bill to require all persons on the payroll of the state, its departments and agencies, county and city governments, school districts and boards of education to take a loyalty oath; and for other purposes.

The House amendments were as follows:
Mr. Bennett of Barrow moves that SB 82 be further amended by adding a new section to be appropriately numbered as follows, to wit: That if any person required by this law to execute a loyalty oath fails to sign said oath then the governing authority under whom such person is employed shall cause such person's name to be taken from the payroll and such person shall not be permitted to receive any payment from the state.

728

JOURNAL OF THE SENATE,

Mr. Bennett of Barrow moves that SB 82 be amended by adding a new section to be appropriately numbered as follows, to wit:
Be it further enacted by the aforesaid authority that the loyalty oath required by the provisions of this law shall apply to all elected officers of this state, including the governor and constitutional officers as well as elected officials of any political subdivision of the government of Georgia, including local school board officials.

Mr. Bennett of Barrow moves to further amend HB 82 as follows:
Be it further enacted by the aforesaid authority that if any person required by the provisions of this law executes a loyalty oath and subsequently, it is provided that said individual has violated the oath, then the governing authority shall institute proceedings in the proper court against such person for false swearing.
Senator Zellner of the 22nd moved that the Senate agree to the House amendments to SB 82.
On the motion to agree, the ayes were 31, nays 0, and the amendments were agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 10. By Senators McCoy of the 4th and Tarver of the 48th:
A bill to be entitled an act entitled "Dentistry Practice Regulated" for the purpose of redefining the definition of the practice of dentistry; and for other purposes.

The House amendment was as follows:
Amend SB 10 by inserting a comma after the word "dentistry," and adding the following: Provided that nothing herein contained shall prevent any regularly licensed physicians in extracting teeth or performing surgical operations and in charging therefor.
Senator Tarver of the 48th moved that the Senate agree to the House amendment to SB 10.
On the motion to agree, the ayes were 28, nays 0, and the amendment was agreed to.

The following bills were taken up for consideration:
HB 176. By Messrs. Alverson and Walton of Fulton:
A bill creating the Civil Court of Fulton County; to increase the salaries of the judges; and for other purposes.
HB 331. By Messrs. Smith, Alverson and Walton of Fulton:
A bill relating to juvenile courts so as to fix the salary of the judge of the juvenile court in counties of 200,000 or more inhabitants at $10,000.00 per year; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

729

HB 532. By Messrs. Walton, Smith and Alverson of Fulton:
A bill providing for the appointment of the assistant solicitor general and deputy solicitor general of the Criminal Court of Fulton County; and for other purposes.

Senator LeCraw of the 52nd moved that the Senate insist on its position in amending the foregoing bills and that a conference committee be appointed, the same committee to apply to all three bills.
The motion prevailed and the President appointed as a Committee of Conference on the part of the Senate: Senators LeCraw of the 52nd, Turner of the 34th, and Purdom of the 46th.

The following resolution of the House was read and adopted:
HR 110. By Messrs. Kidd and Jennings of Baldwin: A resolution requesting State Hospital Authority to issue revenue certificates; and for other purposes.

The following bills and resolutions were read the third time and put upon their passage:
HR 62. By Mr. Cagle of Pickens:
A resolution to compensate Hon. Howard Cagle, Sheriff of Pickens, for his 1946 Ford automobile which was wrecked by a member of the Georgia State Patrol while in pursuit of speeding automobile.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence

Foster Gholston Grayson Harris Harrison Higginbotham Land, 51st Layton LeCraw Lunsford Massey McCoy Newton Overby

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams

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

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

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

730

JOURNAL OF THE SENATE,

HR 40-208b. By Messrs. Twitty of Mitchell and Ray of Warren:

A RESOLUTION
Authorizing and directing that a referendum be submitted to the voters of the State of Georgia on the question of approval or disapproval of additional State financial support for education, rural highways, public health, public welfare services, aid to counties and for other purposes; for the approval or disapproval of the levy of additional taxes for the support of such services.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:

SECTION I
Immediately upon the passage of this Resolution, the Secretary of the State shall give notice to the Ordinary of each county of the State of the passage of this resolution by forwarding to the Ordinary a certified copy of this Resolution.

SECTION II
The Ordinary of each county of the State of Georgia is hereby authorized and directed to call a special election to be held on Tuesday, April 5, 1949, and the Ordinary shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the date of the election.

SECTION III
At such special election there shall be submitted to the voters of the county who are qualified to vote for members of the General Assembly as of February 1, 1949, the question of whether or not additional taxes shall be levied by action of the General Assembly for the purpose of furnishing additional financial support for education, rural highways, public health, public welfare services, aid to counties and for other purposes.
SECTION IV
Such election shall be held according to the rules and regulations governing elections for members of the General Assembly.

SECTION V
Those voting in this election shall have printed on their ballots the following words:
"Vote for One"
"I favor financing the contingent appropriations made by the General Assembly for public health, education, aid to counties, rural highways, public welfare services and for other purposes, and I request that the General Assembly levy such additional taxes as are necessary to provide the funds."
"I oppose financing the contingent appropriations made by the General Assembly for public health, education, aid to counties, rural highways,

SATURDAY, FEBRUARY 19, 1949

731

public welfare services, and for other purposes, and I request that the General Assembly do not levy additional taxes to provide the funds."

SECTION VI
The returns of the election held hereunder shall be made to the Ordinary within three days after the election and the Ordinary shall ascertain and immediately declare the results after the receipt of same. Immediately upon declaring the said results the Ordinary of each county of the State shall transmit to the Secretary of State of Georgia a certified, consolidated return of the results of said election in his respective county and such consolidated return shall show the total number of votes cast in said county in favor of additional taxes and the total number of votes cast in said county opposing additional taxes.

SECTION VII
Upon receipt of said returns the Secretary of State shall tabulate the same, showing the total vote cast in favor of additional taxes and the total vote cast opposing additional taxes and shall transmit a certified copy of said tabulation to the Governor of Georgia.
SECTION VIII
If at such election a majority of the total votes cast shall be in favor of additional taxes for the services enumerated in the ballot, then the Governor of Georgia is hereby requested to immediately call the General Assembly in extraordinary session for the specific purpose of initiating the new tax levies necessary to finance such services.

Senator Gholston of the 30th offered the following amendment:
Amend the substitute to HR 40 by adding at the end of the caption the following:
"To provide for a referendum submitting to the qualified voters the question of whether a constitutional State Highway Board should be created; to provide the method and procedure of such election; and for other purposes." And further moves that:
"At the time and places as specified hereinbefore for an election to be held on April 5, 1949, there shall be submitted to the qualified voters the following questions:
"Those voting in this election shall have printed on their ballots the following votes:
"Vote for one
( ) "I favor the Gholston Highway Plan for the creation of a Constitutional State Highway Board to be composed of ten members, each member to be paid a salary of $20.00 per diem and actual expenses while the Board is in actual session, and each of which members shall be elected by the General Assembly of the State of Georgia from each Congressional District in the State, and the election of such members by the General Assembly shall be from one name from each District submitted by a majority vote of a caucus called by the Speaker of the House of Representatives and The President of the Senate, to consist of

732

JOURNAL OF THE SENATE,

only the members of the General Assembly from counties comprising the Congressional Districts affected. Equitable distribution of roads and highway funds to highway districts."

( ) "I favor the present and past political system under which the Highway Department is now and has been operating for the past 15 years."

( ) "I favor the creation of a Constitutional State Highway Board to be composed of three or five members, each to be paid salaries of $9,000.00 per annum, and each of which members shall be appointed by the Governor of the State of Georgia."

The results of said election with reference to this section shall be certified, transmitted and the results declared by the methods and in the same manner as provided for in section 6 herein.

Senator Gholston of the 30th 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:

Brooks Daniel Davis Eve Florence Foster Gholston Harrison

Higginbotham Housley Lunsford Mason Massey McCoy Pittman Purdom

Rackley Rich Roddenberry Sims Williams Zellner

Those voting in the negative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Dykes

Garrett Grayson Harris Land, 51st Land, 24th Layton LeCraw Newton Overby

Peterson Pilcher Rowland Saunders Smith Swint Tarver Turner Ursrey

The roll call was verified.

On the adoption of the amendment, the ayes were 22, nays 27, and the amendment was lost.

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

SATURDAY, FEBRUARY 19, 1949

733

The resolution, involving a constitutional amendment, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Clary Cochran Coleman Daniel Davis Dykes Florence Foster Garrett Gholston Grayson

Harris Harrison Higginbotham Housley Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson Pilcher

Pittman Purdom Rackley Roddenberry Rowland Saunders Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 57-341C By Mr. Leach of Rockdale.
A RESOLUTION
Proposing to the qualified voters an Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to provide for the division of Rockdale County into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; 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 I. That Article VIII, Section V, Paragraph I of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new section as follows, to wit:
"The members of the County Board of Education of Rockdale 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 Rockdale County to call an election for the purpose of electing by the qualified

734

JOURNAL OF THE SENATE,

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. One member from each of the existing militia districts in Rockdale County shall be elected to serve on said board, and only the registered and qualified voters in each militia district shall vote for the election of a member from that district. For the purposes of this resolution each such militia district shall be known and designated as a school 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 Superintendent shall be eligible to vote. "That from and after the ratification of this amendment the Grand
Jury of Rockdale County shall make no future appointments of members of the County Board of Education, but the present board shall serve until their successors are duly elected as above provided.
"No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly.
SECTION II. 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 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 amendment to Paragraph I, Section V, Article VIII of the Constitution providing for the election of members of the Rockdale County Board of Education, 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 I, Section V, Article VIII of the Constitution providing for the election of members of the Rockdale County Board of Education. 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 Rockdale 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 Assemly, 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.

SATURDAY, FEBRUARY 19, 1949

735

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Dykes Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

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.

HR 39-208a By Messrs. McGee, Hood, Jr., and Page, Jr., of Chatham.
A RESOLUTION
To propose to the qualified voters of Georgia an Amendment to Article IX, Section 1, Page 662 of the Constitution of said State by adding thereto an additional paragraph numbered 2-7810, which shall authorize the General Assembly to grant to the governing authorities of Chatham County authority to establish Civil Service Boards, whereby such county may establish a Civil Service System for the examination, employment, promotion, transferral, suspension, demotion, qualification, and for other purposes, and shall ratify any such authority heretofore undertaken to be granted by the General Assembly of such county.

SECTION I
BE IT RESOLVED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article II, Section 1 be amended by adding thereto the following paragraph, to wit:
"Paragraph 2-7610. The General Assembly of the State shall have authority to grant to the governing authorities of Chatham County authority to establish Civil Service Boards, whereby such County may establish a Civil Service System for the examination, employment, promotion, transferral, suspension, demotion, qualification and for other

736

JOURNAL OF THE SENATE,

purposes, and shall ratify any such authority heretofore undertaken to be granted by the General Assembly to any such County."
SECTION II
BE IT FURTHER RESOLVED by the authority aforesaid that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District of this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: "FOR ratification of Amendment to Article II, Section 1, of the Constitution of Georgia, by adding Paragraph 2-7810 thereto and authorizing the Legislature to grant to the governing authorities of Chatham County authority to establish Civil Service Boards, whereby such county may establish a Civil Service System for the examination, employment, promotion, transferral, suspension, demotion, qualification, and for other purposes, and shall ratify any such authority heretofore undertaken to be granted by the General Assembly to such county. And if a majority of said electors qualified to vote for members of the General Assembly, voting thereeon, shall vote FOR the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become part of Article II, Section I, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Dykes Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

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

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

SATURDAY, FEBRUARY 19, 1949

737

HR 41-227A By Messrs. Cox and Battles of Decatur.

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section VII, Paragraph I of the Constitution of Georgia of 1945 so as to authorize the General Assembly to create an independent school district in the City of Bainbridge; 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 I
That Article VIII, Section VII, Paragraph I of the Constitution of Georgia be and the same is hereby amended by adding at the end the following:
"Provided, however, that the General Assembly may create and establish an independent school system in the City of Bainbridge."

SECTION II
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 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 Decatur County, for two months previous to the time of holding the next general election at which 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 Article VIII, Section VII, Paragraph I of the Constitution, authorizing the creation of an independent school system in the City of Bainbridge." 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, Paragraph I of the Constitution authorizing the creation of an independent school system in the City of Bainbridge."
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 Decatur 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 VIII, Section VII, Paragraph I of the Constitution of the 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.

738

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:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Dykes Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

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

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

HR 75-494b By Messrs. Hubert, Howard and McWhorter 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 to the governing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located outside the corporate limits of any municipality, where the lots have been subdivided with frontages of 125 feet or less and to assess the cost thereof pro-rata against the 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 I. 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:
"The General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located outside the corporate limits of any municipality, where the lots have been subdivided with frontages of 125 feet or less and to assess the costs thereof pro-rata against the abutting property owners, provided

SATURDAY, FEBRUARY 19, 1949

739

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.
SECTION II. 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 make street improvements in subdivisions and assess the cost with approval of the owners of 51% of the property affected," 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 make street improvements in subdivisions and assess the cost with approval of the owners of 51% of the property affected." 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 proclamation therefor, as provided by law.
SECTION III. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett
Brooks Bryant Cochran Coleman Daniel Davis Dykes
Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton
LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

740

JOURNAL OF THE SENATE,

HR 52 By Messrs. Howard, McWhorter and Hubert of DeKalb.
A resolution proposing to the qualified voters of Georgia an amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to authorize the General Assembly to enact laws creating a Civil Service Commission and Civil Service System and Merit System for employees of DeKalb County and for employees and deputies of county officers of DeKalb County; and further, to establish tenure of office for such employees and deputies and to define the powers, duties and responsibilities of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers, in respect thereto and, further, to provide exceptions and exemptions to the operation of said laws.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

Section 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph I, Section IV, Article VII the following words, to wit:
"The General Assembly shall have authority to enact laws creating a Civil Service Commission and Civil Service System and Merit System for employees of DeKalb County and for employees and deputies of county officers of DeKalb County, and further to establish tenure of office for such employees and deputies and to define the powers, duties and responsibilities of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers, in respect thereto; and, further to provide exceptions and exemptions to the operation of said laws.
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 as required by law 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 I of the Constitution of Georgia of 1945, authorizing the General Assembly to provide for a Civil Service System for employees of DeKalb County", and all persons opposed to the adoption of the said amendment shall have written or printed on their ballots the words "Against ratification of the amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 authorizing the General Assembly to provide for a Civil Service System for employees of DeKalb County". Returns shall be made and results declared as required by law and if said amendment be adopted by ratification as required by law said amendment shall become a part of Article VII, Section IV, Paragraph I of the Constitution of Georgia 1945.
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.

SATURDAY, FEBRUARY 19, 1949

741

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Dykes Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

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

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

HB 123. By Messrs. Johnson and Barton of Hall:
A BILL
To propose to the qualified voters of Georgia amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia so as to authorize the City of Gainesville, Hall County, or either of them, to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into; to provide for the submission of this amendment for ratification or rejection by the people, and for other purposes :

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:

SECTION I
That Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following language, to wit:

742

JOURNAL OF THE SENATE,

"And except that the City of Gainesville, Hall County, or either of these political subdivisions, may jointly and severally, by a majority vote of the governing body, or bodies, of the respective political subdivisions, enter into contracts each with the other, or with a duly authorized and created Hospital Authority, and assume thereby definite and fixed future liabilities or obligations for the period of time provided under and in furtherance of the general powers and obligations pertaining to hospitalization authorized by Article VII, Section VI, Paragraph III, of the Constitution and may agree to levy and collect a tax within the millage limitation as prescribed by the Hospital Authority Act, Georgia Laws 1941, page 241, et seq., and any amendments thereto, for the
purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution."

SECTION II
Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, same shall at said general election be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots, the words, "For ratification of amendment of Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize the City of Gainesville, Hall County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the City of Gainesville, Hall County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." And if a majority of the electors qualified to vote for ratification thereof, when the result shall be consolidated as now required by law in election of members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of the State and the Governor shall make a proclamation therefore, as provided by law.

SECTION III
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 :

SATURDAY, FEBRUARY 19, 1949

743

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Dykes Eve Florence Foster

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Layton LeCraw Massey McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Sims Smith Swint Tarver Turner Ursrey Williams Zellner

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

On the passage of the bill, the ayes were 42, nays 0.

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

HR 90. Messrs. McMillan of Washington and Davis of Bartow.
A resolution resolving for appointment of sub-committee of General Judiciary No. 1 to confer with Georgia Bar Association relevant to establishing requirements for admission to the Bar.
The Committee on General Judiciary offered the following substitute:

A RESOLUTION
BE IT RESOLVED by the House of Representatives of the State of Georgia and the Georgia State Senate that a sub-committee composed of seven members of the House of Representatives to be appointed by the Speaker of the House, and five members from the Georgia State Senate, to be appointed by the President of the Senate, be and the same is hereby authorized to meet at such times and places as may be deemed advisable by said sub-committee for the purpose of meeting with representatives of the Georgia Bar Association and other interested citizens in order to draft suitable legislation for the setting up of requirements for the admission to the Bar of the State of Georgia.
BE IT FURTHER RESOLVED that the members from the House of Representatives shall be appointed from the Committee of General Judiciary No. 1 and that the members from the Senate shall be appointed from the General Judiciary and Special Judiciary Committee.
BE IT FURTHER RESOLVED that the members of this sub-committee shall be entitled to the same per diem as allowed members of the General Assembly and actual expenses for travel and subsistence while in the performance of their duties and that the number of days service of this sub-committee shall not exceed ten. The State Treasurer is hereby authorized and directed to pay the per diem and expenses above mentioned.

744

JOURNAL OF THE SENATE,

On the adoption of the substitute the ayes were 21, nays 12, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, the ayes were 25, nays 9.
The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Overby of the 33rd moved that the Senate reconsider its action in failing to adopt HR 90.
On the motion to reconsider, the ayes were 22, nays 10.
The motion prevailed and the resolution was placed at the foot of the calendar.

HR 92. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution providing for continuing the work of the Tax Revision Committee; and for other purposes.

The Committee on General Judiciary offered the following amendment:
Amend HR 92 by changing the period at the end of said resolution to a comma and adding the following:
"Provided, however, that the President of the Senate shall appoint three members of such committee from the present members of the Senate and the Speaker of the House shall appoint five members from the present members of said committee, in lie"tl of the present members representing said Senate and House of Representatives.
"Be it further resolved, that said committee shall submit to the 1950 session of the General Assembly such bill or bills which it deems necessary to secure a revised, simplified and equitable system of taxation for the State, which will produce the revenue needed. In the event an extraordinary session of the General Assembly is called by the Governor before such time, for the purpose of adding additional taxes for the support of increased services, the said committee is requested to submit to the General Assembly a report suggesting sources for such revenue and a bill or bills to impose the same".
On the adoption of the amendment, the ayes 37, nays 0.
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 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 82. By Mr. Chastain of Thomas:
A resolution appointing a committee from the House and Senate to negotiate a reciprocal agreement on behalf of Georgia poultry and egg producers.

SATURDA~ FEBRUARY 1~ 1N9

745

The President appointed on the part of the Senate: Senator Overby of the 33rd and Senator Ursery of the 54th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 80. By Messrs. Sheffield of Brooks and Abney of Walker:
A resolution providing a pollution study committee to investigate pollution in our streams and to recommend to next General Assembly proper legislation to curb pollution.
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.

HR 69. By Messrs. Hinson of Ware and Twitty of Mitchell:
A resolution compensating W. E. McDuffie and E. D. Days for expenses incurred from injuries incurred in an automobile accident and W. B. Hitchcock for expenses incurred for injuries in a gun battle while in line of duty of Georgia State Patrol.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Eve Florence Foster Garrett

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Land, 24th Layton Lunsford Mason Massey McCoy Newton

Senator LeCraw voted in the negative.

Overby Peterson Pilcher Pittman Purdom Rackley Rich Saunders Sims Smith Swint Tarver Turner Zellner

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

On the adoption of the resolution, the ayes were 42, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

746

JOURNAL OF THE SENATE,

SR 36. By Senator Bryant of 43rd:
A resolution designating State Highway Route 71 from Dalton to the Tennessee line as the "Doug Puryear 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 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Senator Purdom of the 46th, chairman of the Committee on Appropriations, asked unanimous consent that the following bill of the House be called up at this time for further consideration:

HB 116. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell and others.
A bill to make general appropriations for the operation of the State Government; and for other purposes.
Senator Purdom of the 46th asked unanimous consent that the Senate reconsider its action in adopting the first section and the consent was granted.
Senator Purdom of the 46th asked unanimous consent that the Senate reconsider its action in the adoption of Section 44 and the consent was granted.
Senator Purdom of the 46th offered 'the following amendment:
Amend HB 116, Section 44, subsection (a) by adding after the words "Securities Divisions" the words "Commission's Division" and by striking the figures $110,000.00 and inserting in lieu thereof the figures $125,000.00.
The amendment was adopted.
Section 44 was adopted as amended.
Senator Garrett of the 53rd and Dykes of the 14th offered the following amendment:
Amend HB 116 by striking in their entirety all sections, subsection and all other matter beginning with Section 55 and all following thereafter with the exception of Section 56, which is the repealing clause and by adding a new Section 55 to read as follows:
Section 55. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that in the event the income of the State in any periods for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations and allotments authorized by the foregoing sections of this Act, the budget authorities are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there is not sufficient funds as provided to pay the following contingent appropriations in full, the budget authorities are authorized and directed to make available such part of the contingent appropriations as can be paid from the excess income of the

SATURDAY, FEBRUARY 19, 1949

747

State for any of the periods for which appropriations are made in this Act. The State Treasurer and the Comptroller General are authorized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the budget authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections.

EDUCATION (a) For grants for aid to the common schools; for matching vocational education and vocational rehabilitation funds in cooperation with the federal government; for operations of vocational trade schools, for operations of public and rural library programs, for operations of schools for deaf and Academy for the Blind, for grants for aid to the common schools under the provisions of law; for free text books for the children attending common schools; for the salaries of county school superintendents; for the operating cost of the department; for any and all other expenses by law payable from the common school funds and for pupil transportation under rules and regulations established by the State Board of Education under authority of law_______________________ $18,000,000.00

Provided that the State Board of Education shall within the first thirty days of each fiscal year make an apportionment of this appropriation together with other funds available to the various activities of the Department of Education and immediately report same to the State budget authorities for approval. After said apportionment is approved, any and all obligations or commitments made which are in excess of the funds apportioned shall be null and void and all expenditures shall be governed by the laws and budget regulations of general application which are, or may be in force and effect.
(b) For grants to counties for common school building equalization under rules and regulations established by the State Board of Education and approved by State budget authorities ----------------------------------------------------------------------
(c) For improvement funds of the university branches including necessary building and equipment under the same rules and regulations as the regular appropriation Act made by this AcL________ ___ _________________________

2,500,000.00 2,500,000.00

(d) For additional State's contribution to the teacher retirement fund ____________________________________________ ------------------------------- 1,000,000.00

HIGHWAYS (e) For State highway maintenance, rural post roads, the cost of emergency maintenance and construction caused by floods, freezes, etc.; convict camp operations; compensation claims and surveys____________________

12,000,000.00

Provided, that not less than $4,000,000.00 shall be distributed and expended on rural post roads and farm to market roads as defined in Act of the General Assembly, approved March 8, 1937. (Georgia Laws 1937, pages 912-918).

748

JOURNAL OF THE SENATE,

(ee) For grants to counties for aid in county road construction and maintenance as provided by law_____________ 4,000,000.00

Provided, that this sum shall be distributed and disbursed to the various counties of the state on a proportionate basis which shall be the same proportion as the total mileage of each county bears to the total public road mileage of the State.

HEALTH, PUBLIC WELFARE (f) For the additional cost of operating Department of Public Health________________

900,000.00

Tuberculosis sanatorium________________________ ----------------------------------- 1,500,000.00

(g) For public welfare benefits authorized by law crippled children services and for necessary additional
administrative expense-------------------------------------------------------------

1,500,000.00

(gg) For Milledgeville Hospital operation____________________ 1,000,000.00

(h) For additional cost of operating the Department of Forestry incident to expanding the facilities of conservation of forest areas______________________________________________________

250,000.00

(i) For improvement funds, School for the Deaf________ 160,000.00

(j) For improvement fund, North Georgia Trade School -------------------------------------------------------------------------------------------

175,000.00

(k) For improvement fund, South Georgia Trade School ------------------------------------------------------------------------------------------
(l) For cerebral palsy_______________________________________________________

175,000.00 75,000.00

(m) For additional funds for land, construction and equipment and expanding the Farmer's Market facilities

250,000.00

TOTAL CONTINGENT APPROPRIATION EACH FISCAL YEAR------------------------------------------------------------------------- $45,985,000.00

On the adoption of the amendment the ayes were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to as amended.
The bill, involving an appropriation, a roll call was ordered and -~he vote was as follows:

SATURDAY, FEBRUARY 19, 1949

749

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett

Gholston Grayson Harris Harrison Higginbotham Housley Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton

Overby Peterson Pilcher Pittman Purdom Rackley Rich Saunders Sims Smith Swint Tarver Turner Williams Zellner

On the passage of the bill, the ayes were 45, nays 0.

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

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 Senator Eve of the 18th.
A bill to provide a pension system for retirement of certain future employees of the City of Augusta; to establish a general retirement fund to provide for contributions to be made to the retirement fund by said city employees; to provide for the amount of retirement allowance and the method of payment; and for other purposes.

The House has adopted the report of the Committee on Conference on the following bill of the House to wit :
HB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to provide a method for legalizing the operation of moving picture theatres and athletic events, games and contests, on Sunday in counties and cities where they are now being operated; to provide conditions therefor; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto :
SB 130. By Senator Eve of the 18th:
A bill to provide a pension system for retirement of certain future

750

JOURNAL OF THE SENATE,

employees of the City of Augusta; to establish a general retirement fund; to provide the amount of retirement allowance and the method of payment; and for other purposes.

The House offered the following amendment:

A BILL
Section 1. RETIREMENT ALLOWANCES FOR PRESENT CITY EMPLOYEES. All persons legally receiving or entitled to at the effective date of this act retirement pay or pensions or any other sum in accordance with any law then in force shall continue to receive such retirement pay or pensions or sums in accordance with the provisions of the respective laws. All persons in the service of the city at the effective date of this Act, then actually contributing to the firemen's pension fund, the policemen's pension fund or the city employees' pension fund, or who may be re-employed as provided in the Augusta Employees Pension Fund Act of 1945, pages 813-829 inclusive, or the provisions of any now existing law relating to firemen or policemen, shall continue to have the rights and duties in respect to all pensions, retirement and disability benefits, and all other benefits and rights as previously existing or hereafter existing under the respective act under which he made a contribution, provided by the respective acts relating to such funds then in force.

Section 2. RETIREMENT SYSTEM FOR FUTURE EM-

PLOYEES. There are hereby repealed except as their provisions relate

to all persons included in Section 1 of this Act: An Act approved

February 23, 1945, entitled "An Act to amend the charter of the City

of Augusta, incorporated as the City Council of Augusta by an Act

approved January 31, 1798 (Georgia Laws 1798), as amended by an

Act approved August 1925 (Georgia Laws 1925, pages 867-872, in-

clusive), designated as "Augusta Firemen's Pension Act of 1923

amended", as amended by an Act approved March 3, 1933 (Georgia Laws

1933, pages 866-868), designated as "Augusta Charter Amendments",

and as amended by the various other amendatory Acts thereof, so as to

strike and repeal from Section 4 of the Act approved August 17, 1925

(Georgia Laws 1925, pages 867-872), the following words: 'or that

may hereafter be employed by the Fire Department of the City of

Augusta'; to require that three percent (3%) of the salary, wage or

remuneration of each fireman and policeman that is employed by the

City of Augusta after the effective date of this Act be deducted from

his pay and paid into the firemen's and policemen's pension funds; to

require said city to pay into said fund as part thereof, a sum equal to

the amount deducted from said firemen's and policemen's salaries, wages

and remunerations; to provide authority to the City Council of Augusta

to increase or reduce from time to time such withholdings from firemen's

and policemen's salaries, wages or remunerations that are employed after

the effective date of this Act and to increase or reduce from time to time

the sum to be paid by said City Council of Augusta in matching said

withholdings from such firemen's and policemen's salaries, wages or

remunerations; to specifically exclude from the provisions of Section 3

of this Act firemen and policemen of the City of Augusta regularly

employed before the effective date of this Act; to provide for the Com-

missioner of Public Safety of the City of Augusta to be retired under

the provisions of said charter as amended on one-half ('h) of his salary,

L-

wage or remuneration and emoluments of this office; to repeal all laws

in conflict herewith; and for other purposes (Georgia Laws 1945, pages

SATURDAY, FEBRUARY 19, 1949

751

782-786); and an Act approved February 28, 1945, entitled "An Act to
amend the charter of the City of Augusta, incorporated as the City
Council of Augusta, by an Act approved January 31, 1798 (Georgia
Laws 1798) and the several amendatory acts thereof, as amended by an
act as appears in Georgia Laws 1943, pages 1256-1258, inclusive, desig-
nated "Augusta Charter Amendments", and as amended by an Act ap-
pearing in Georgia Laws 1943, pages 1259 to 1263, inclusive, designated "Augusta Officers and Employees-Furloughs"; to amend, ratify and confirm said charter and the amendments thereto approved December 31, 1937, designated as "Augusta Officers and Employees Tenure", appearing in Georgia Laws Extra Session 1937-38, pages 938 to 943, inclusive, as amended by an Act approved February 19, 1941, appearing in Acts of General Assembly of Georgia, 1941 (Georgia Laws, 1941, pages 1071-1072, and designated "Augusta City Attorney"; so as to provide a permanent city employee pension fund for permanent employees of the City of Augusta; define permanent employees, totally and permanently disabled and other terms; require that three (3% ) per cent of the salary, wage or remuneration of each employee of said city be deducted from his pay check and paid into said fund as part thereof; require said city, each three months, to pay into said fund as part thereof, a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority to the City Council of Augusta to increase or reduce from time to time such withholdings from such employees' salary, wage or remuneration and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such employees' salary, wage or remuneration; exclude from provisions of this Act certain officers and employees of said city; require said city and certain employees and officials thereof to perform duties and obligations in connection with said fund; provide for payments to a permanent employee from said funds; a retirement pension when his total service amounts to twenty-five (25) years; a retirement pension upon his reaching 65; a retirement pension when after twenty years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in discharge of his duties; a temporary disability pension; to provide for a refund of 50% of deductions from said salary, wage or remuneration in event of voluntary separation from service or separation from service by discharge, less deductions provided; to provide a refund upon separation from service by death of 100% of deductions from said salary, wage or remuneration, less deductions; to further provide all retirement pensions and total disability pensions shall increase in proportion to salary, wages or remunerations held; to declare the City Attorney a permanent employee of the City Council of Augusta; to further provide punishment under the Criminal Law for persons who violate the terms of this Act; and for other purposes; and to repeal the following Acts amending the charter of the City of Augusta to wit: "An Act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated 'Augusta City of; payment of retired Employees'; and an Act appearing in Georgia Laws of 1924, pages 450 to 451, amending said Act of 1923, designated 'Augusta, Pension of Retired Employees, additional increase of'; and an Act appearing in Georgia Laws of 1933; pages 868 and 869, designated 'Augusta; Retirement of Employees'; provided specifically, however, that the repeal of the above designated Acts shall in no way affect the Augusta firemen's pension fund or the Augusta policemen's pension fund and the several laws and amendments relating to said funds or either of them; not any way affect any pension from the City Council of Augusta now

752

JOURNAL OF THE SENATE,

being paid or due or that becomes due before the effective date of this Act by reason of any existing ordinances or act; and to repeal all laws and parts of laws in conflict with this Act; and for other purposes." (Georgia Laws 1945, pages 813-829).
There are excluded from the provisions of this Act the employees of the University Hospital, employees of the Sinking Fund Commission and officers elected by vote of the electorate.
All other persons entering the service of the city as regular employees, as distinguished from temporary or casual employees, including employees of the police and fire departments whose age at the time of their employment does not !)xceed thirty-five years, and hereinafter referred to as future employees, shall contribute to and participate in the benefits of a pension fund to be known as the General Retirement Fund.

On the adoption of the amendment the ayes were 29, nays 0 and the amendment was adopted.
HR 12. By Messrs. Greer of Lanier and Smith of Bryan:
A resolution to request Board of Regents to carry out provisions of an Act setting up a state owned hospital at Augusta for the University of Georgia Medical School.
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 constitutionhl majority, was adopted.

The following resolutions were read and adopted:
SR 45. By Senators Pilcher of the 19th and Purdom of the 46th:
A resolution authorizing the per diem pay of certain officials and employees of the State Senate, the Engrossing and Enrolling Committee, the Auditing Committee, the Penitentiary Committee; and for other purposes.

The President announced the sub-committee of the Penitentiary Committee would be composed of Senators Purdom of the 46th, Ayers of the 13th and Foster of the 40th.
SR 46. By Senator Harrison of the 17th:
Allowing per diem for the President Pro Tempore of the Senate; and for other purposes.
The following bill of the House was taken up for the purpose of considering a report of the Conference Committee:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to effect a revision of all laws of this state dealing with subject of registration and qualification of voters; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

753

The conference committee report was as follows:
The following report of the Committee on Conference on HB 2 was read by the Secretary :
February 16, 1949
Mr. President:
Mr. Speaker:
Your Committee on Conference has had under consideration the disagreement of the House to the Senate Substitute of HB 2, and begs leave to make the following recommendations:
1. That the House recede from its disagreement to the Senate Substitute to HB 2, and that said substitute be adopted with the amendments hereinafter set forth.
2. That the House recede from its disagreement to the amendment offered by Senator Pittman to Sections 13 and 44 of said substitute bill.
3. That the House recede from its disagreement to the amendment to said substitute offered by Senators Pilcher, Grayson, and Overby, said amendment striking Sections 22 and 23 of said substitute bill and writing in lieu thereof two new sections of the same number.
4. That the Senate recede from its action in adopting the amendment of Senator Pittman to said substitute, said amendment relating to Sections 30 and 31 of said substitute.
5. That the House recede from its disagreement to an amendment to said substitute offered by Senator Pittman, the amendment affecting Section 48 of said substitute.
6. That the Senate recede from its action in adopting the amendment of Senator Pittman affecting Section 15 of said substitute.
7. That the House recede from its disagreement to an amendment offered by Senators LeCraw and Turner, said amendment providing in substance that in counties of 200,000 or more the tax collector or commissioner and two deputies from his office shall constitute the Board of Registrars in such counties. That said amendment be amended by designating the new section therein set forth as Section 10, and by designating Section 10 as Section 11 and renumbering subsequent sections appropriately. That said new section be further amended by changing the cross reference to Section 6 so that the same will apply to Section 9 instead. That said amendment be further amended by striking therefrom the words, "city or part of a city," where the same appears in lines 4-5 and 14 of said amendment.
8. That the House recede from its disagreement to an amendment offered by Senator Eve which in substance provides that registrars shall, under certain conditions, furnish voters lists to boards of education and to authorities of municipalities conducting elections. That said amendment be amended by providing that the same shall follow Section 53 of said substitute and that subsequent sections be numbered appropriately.
9. That the House recede from its disagreement to an amendment offered by Senators Pilcher, Overby and Grayson inserting a new Section 21 in the substitute bill. That said amendment be amended by striking therefrom the last sentence therein set forth.
10. That Section 3 of said substitute be amended by striking said section and writing in lieu thereof a new section which shall read as follows:

754

JOURNAL OF THE SENATE,

Section 3. The first registration list hereunder shall be prepared in the year 1950, but the process of registration under this Act shall start immediately on its passage and approval and all persons seeking to register and qualify as voters shall be registered and qualified as herein porvided.
11. That Section 4 of said substitute be amended by striking said section in its entirety and rewriting the same as follows:
"Section 4. The registration provided for in this Act shall be permanent, but electors shall be required to maintain their status as qualified voters by the exercise of their franchise at least once in every two years as herein provided."
12. That said Substitute be amended by striking therefrom Sections 5, 6 and 7 in their entirety, and renumbering subsequent sections appropriately.
13. That Section 8 of said substitute be amended by striking therefrom the second sentence and inserting in lieu thereof a new sentence reading as follows:
"In the same manner the last general election list of qualified voters shall be used for any special election occurring after said list is prepared but before the preparation of a new general election list.
14. That sub Section 4 of Section 21 be amended by striking from the second sentence thereof the words "during the quadrennial period in which his application is thus dismissed or his name is removed from the list" and by inserting in lieu thereof the words: "until after the beginning of the next calendar year".
15. That Section 24 be amended by striking the same in its entirety and inserting a new section in lieu thereof which shall read as follows: "The electors who have qualified shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. No person shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifically request continuation of his registration in the manner hereinafter provided.
"Within sixty (60) days after the first day of January in each year beginning on January 1, 1952, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:
"He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows :
"You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person.
"Application for continuation of registration:
"I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter.
''Signature of elector__________________________________________________________________________________________ _
''Present residence address---------------------------------------------------------------------------------------''Date________________________________________________

SATURDAY, FEBRUARY 19, 1949

755

"Effective April1, 1952, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registrations. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered. As the 1948 voters list is preserved for special elections which may take place prior to the preparation and filing of the first general election list hereunder, the tax collector shall until such time conform to the provisions of Section 34-115 of the 1933 Code as amended by act approved February 5, 1945, and more fully appearing on page 133, etc., of the Acts of the General Assembly of 1945, but the time for mailing the notice provided for in said code section is hereby extended for an additional fifteen days."
16. That Section 25 be amended by changing the period at the end of said section to a comma and by adding thereto the following words: "or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years.
17. That Section 26 be amended by striking therefrom the last sentence in said section and inserting the following sentences in lieu thereof: "In the event that there be a difference of opinion among said three officers as to whether any name or names shall be placed on said list of disqualified persons, the concurrent votes of any two shall control in the matter. The tax collector or tax commissoner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within the past two years."
18. That the caption of said substitute be amended as follows:
(a) By striking from line 4 the words, "to be renewed periodically," and inserting in lieu thereof the words, "and providing for the cancellation of the registration of voters who fail to vote in at least one election in a two year period and fail to request a renewal of their registration and the procedure to be followed with respect to such persons."
(b) By inserting in line 29 of the caption after the word "therefor", and before the words, "to declare", the following words: "to provide for the Registrars furnishing authorities of municipalities and Boards of Education voters lists for election purposes, and the compensation of the registrars for furnishing such lists."
Respectfully submitted,

Howard T. Overby, Carl J. Ayers,
On the part of the Senate

Geo. L. Smith, Frank E. Gross, Garland T. Byrd,
On the part of the House

756

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the Senate adopt the report of the Committee of Conference.
On the motion to adopt the conference committee report, the ayes were 37, nays 1, and the report was adopted.

HB 484. By Messrs. Buie of Camden, Wooten of Jeff Davis and others: A bill to amend an act approved January 31, 1946, the same being entitled "Provision for Widows of Confederate 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 28, nays 0. '.':he bill, having received the requisite constitutional majority, was passed.
HB 317. By Messrs. Chastain of Thomas, Lewis of Hancock, and McCracken of Jefferson: A bill to adopt the Uniform Insurers Liquidation Act which relates to the receivership, liquidation, rehabilitation, reorganization or conservation of foreign, alien or domestic insurers doing business in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.
The President presented to the Senate, His Excellency, the Governor, who addressed the Senate briefly.
The following resolution of the House was taken up for the purpose of considering a report of the Committee on Conference :
HR 48. By Mrs. Blitch of Clinch: A resolution to appoint a committee for the purpose of formulating satisfactory agreement with the authorities of the State of Florida in order that bees may move freely between the two states.
The conference committee report was as follows:
Mr. President
and
Mr. Speaker: Your Committee on Conference on HR 48-257a asks to make the following
report: 1. That the Senate recede from its position on insisting on the amendment of
the Senator from the 17th, Mr. Harrison.
2. That the House recede from its disagreement from the Senate amendment.

SATURDAY, FEBRUARY 19, 1949

757

3. That the House and the Senate agree on the following amendment in place of that of the Senator from the 17th.
"That the life of the Committee provided for in this resolution be limited to a period of not more than 30 days."
Respectfully submitted,
Lee S. Purdom, 46th, Crawford L. Pilcher, 19th,
On the part of the Senate

D. B. Blalock, John H. Langdale, John W. Greer, Iris F. Blitch,
On the part of the House

Senator Harrison of the 17th moved that the Senate agree to the report of the committee on conference.
On the motion to agree, the ayes were 41, nays 0, and the report was agreed to.
HB 403. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to provide a method for legalizing operation of moving pictures, athletic events, games of contest on Sunday; and for other purposes.
The conference committee report was as follows:
Mr. President
and
Mr. Speaker:
Your Committee on Conference, having had under consideration the differences between the House and the Senate on HB 403, have agreed as follows:
1. That the Senate Substitute be adopted with the two amendments proposed herein.
2. That the Senate Substitute be amended by striking Section 2 in its entirety and by inserting in lieu thereof a new Section 2 to read as follows:
Section 2. It shall be lawful for the operator or operators of any motion picture theatres and for those sponsoring or holding athletic events, games and contests to hold the same on Sunday, providing, that before such shall be lawful the operator, operators or sponsors shall first obtain a permit from the mayor and council or other governing body of any municipal corporation within which the place of operation or showing are located; and if such theatre or place of holding such athletic event lies outside of such municipal corporation such permits shall be first obtained from the county commissioner or other governing body of the county in which said theatre or place of holding such games and contests are

758

JOURNAL OF THE SENATE,

to take place. In the event Sunday movies are licensed in a community the operator shall show once each month a show on either a religious or educational subject.
3. That the Senate Substitute be amended by striking therefrom Section 7 in its entirety.
Respectfully submitted,
Willis Smith, John H. Land,
George B. Brooks,
On the part of the Senate

Geo. L. Smith, Frank D. Twitty, I. L. Shields,
On the part of the House

Senator Cochran of the 9th moved that the Senate agree to the report of the conference committee.

On the motion to agree, Senator Harrison 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:

Ansley Ayers Brooks Cochran Dykes Eve Florence Garrett Gholston

Grayson Harris Housiey Jones Land, 51st Land, 24th Layton Lunsford McCoy

Overby Pilcher Purdom Rackley Smith Tarver Turner Williams

Those voting in the negative were Senators:

Boyett Bryant Clary Coleman Daniel Davis Foster

Harrison Higginbotham LeCraw Mason Massey Peterson Pittman

Rich Rowland Saunders Sims Ursrey

On the adoption of the conference committee report, the ayes were 26, nays 19, and the report was adopted.

The President presented to-the Senate former Governor M. E. Thompson.

SATURDAY, FEBRUARY 19, 1949

759

HB 663. By Messrs. Gross of Stephens and Lewis of Hancock:
A bill to provide that persons licensed to act as agents of fire or casualty insurers in Georgia may also be licensed by the insurance commissioner to place excess lines of fire or casualty insurance in companies or with insurers not admitted to do business in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 592. By Messrs. Lewis of Hancock and Gross of Stephens:
A bill providing the state librarian and the Library Department be covered by the state merit system of personnel administration; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

At this time the Senate suspended the regular order of business and a beautiful silver service was presented to Lt. Governor Griffin as presiding officer of the Senate by Governor Herman Talmadge on behalf of members of the Senate.

Lt. Governor Griffin briefly addressed the Senate, expressing his appreciation and that of Mrs. Griffin.

HB 143. By Messrs. Griggs of Habersham, Page of Chatham, Gross of Stephens, and others.
A bill to extend the provisions of the merit system to include the employees of the Public Service Commission; and for other purposes.
Senator Pilcher of the 19th offered the following amendment:
Amend HB 143 by adding a new section to be numbered section 6 and reading as follows:
That all laws and parts of laws in conflict herewith are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 155. By Messrs. Smith of Emanuel, Reed of Dodd, McMillan of Washington, and others:
A bill to protect public health by providing premarital examinations for syphilis; and for other purposes.

760

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, Senator Ayers of the 13th 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:

Blalock Bryant Clary Cochran Coleman Daniel Davis Florence Garrett Gholston Grayson Harris

Harrison Higginbotham Housley Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby

Pittman Rich Roddenberry Sims Smith Stark Swint Turner Williams Zellner

Those voting in the negative were Senators:

Ansley Ayers Boyett Dykes

Foster Jones Peterson Rackley

Rowland Saunders

By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 34, nays 10. The bill, having received the requisite constitutional majority, was passed.

HB 268. By.Mr. Gross of Stephens:
A bill to repeal an act which section sets out the qualifications of dental nurses and dental hygienists; to provide for examination of applicants; and for other purposes.
The report 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 104. By Messrs. Hunter of Troup and McLaughlin of Wayne:
A bill for the purpose of allowing dental college clinics to charge for services rendered; for the purpose of increasing the number of members of the Board of Dental Examiners; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

761

The report of the committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 28, nays 5.
The biii, having received the requisite constitutional majority, was passed.

HB 220. By Messrs. Smith of Haralson, Cook of Chattooga, Kemp of Clayton and others.
A biii to amend an act known as the Georgia Workmen's Compensation Act; relating to the total incapacity and limit of compensation by increasing the maximum benefits thereunder; and for other purposes.
The report of the committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 32, nays 3.
The bill, having received the requisite constitutional majority, was passed.

HB 475. By Mr. Moulton of Floyd:
A bill entitled an act entitled, "An act to establish a retirement system for aged and incapacitated teachers in the public schools and other state supported schools"; and for other purposes.
The report of the committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 29, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 453. By Messrs. Risner of Hart, Gross of Stephens, and Bell of Elbert:
A bill to authorize the governing authority of the several municipalities of this state to enact zoning and planning ordinances and regulations; and for other purposes.
The report of the committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 34, nays 0.
The biii, having received the requisite constitutional majority, was passed.
HB 626. By Mr. Myers of Sumter:
A bill to authorize all incorporated towns and cities of the State of Georgia to open or close streets, or alleyways, or parts 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

762

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 68. By Senator Grayson of the 1st:
A bill creating the Savannah-Chatham County Historic Site and Monument Commission; and for other purposes.

SB 72. By Senators LeCraw of the 52nd and Turner of the 34th:
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 76. By Senator Ursrey of the 54th:
A bill to provide additional regulations for the sale of planting seed; and to provide additional penalties for the violation of the Seed Act; and for other purposes.

SB 87. By Senator Grayson of the 1st:
A bill to amend section 95-204 of the Code of Georgia, the same requiring a substantial compliance with Code sections 95-201, 95-202 and 95-203 relating to the establishment of a new road or alternation or re-location of an old one; and for other purposes.

SB 115. By Senator Gholston of the 30th:
A bill requiring the Ordinary of Madison County to call an election, to be held at the same time of the general election, to determine whether the Madison County advisory shall be retained or abolished; and for other purposes.
SB 118. By Senator Dykes of the 14th:
A bill to amend acts fixing and establishing compensation or salaries of elective county officials in the County of Bleckley, to provide for an increase in the amount thereof; and for other purposes.

SB 120. By Senator LeCraw of the 52nd:
A bill to amend the Code of Georgia of 1933, said sections relating to public defense, by striking said sections in their entireties and inserting new sections in lieu thereof, to reorganize the military forces of this state; and for other purposes.

SB 121. By Senator Harrison of the 17th:
A bill to amend an act to create a new charter for the City of Millen, in the County of Jenkins, and State of Georgia, and to reincorporate said city and define its territorial limits; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

763

SB 122. By Senator Pilcher of the 19th:
A bill to amend an act to create and incorporate the City of Warrenton; and for other purposes approved July 30, 1908, so as to provide for extension of the territorial limits of the City of Warrenton; and for other purposes.

SB 128. By Senator Eve of the 18th:
A bill to amend the several acts creating the Richmond County Board of Health so as to provide for trial of persons charged with the violation of health regulations in the court of the recorder of the City of Augusta; and for other purposes.

SB 129. By Senator Eve of the 18th:
A bill to amend an act to amend the charter of the City of Augusta so as to provide and establish an annual municipal budget to be submitted by January 30 in each year along with a tentative appropriation bill; and for other purposes.

SR 18. By Senator Purdom of the 46th:
A resolution to amend paragraph 4, section 7 of article 7 of the Constitution of the State of Georgia so as to include therein county boards of education as having authority to obtain and incur loans as therein provided.

The House has agreed to the Senate amendments to the following bills and resolutions of the House, to wit:
HB 116. By Messrs. Ray of Warren, Smith of Emanuel, and others: A bill to make general appropriations for the operation of the state government; and for other purposes.
HB 673. By Messrs. Walton and Alverson of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to insurance for all members of the police department; and for other purposes.
HB 427. By Messrs. Alverson, Walton and Smith of Fulton: A bill to supplement the salaries of the judges of the solicitor general of the criminal court of Fulton County; and for other purposes.
HB 651. By Mr. Raulerson of Pierce: A bill to revise, renew and consolidate the charter of the Town of Patterson; and for other purposes.
HB 431. By Messrs. Walton, Smith and Alverson of Fulton: A bill establishing a new charter for the City of East Point; and for other purposes.

764

JOURNAL OF THE SENATE,

HR 92. A resolution providing for continuing the work of the tax revision committee; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 117. By Mr. Abney of Walker:
A resolution that the House and Senate concurring, express their thanks to His Excellency, Mayor H. P. Wasson and other municipal officials of Chattanooga for their h011pitality on the days of February 11th and 12th to a committee of the Georgia Legislature inspecting properties of the state owned Western & Atlantic Railway; and for other purposes.

The House has adopted the following resolution of the Senate, to wit:
SR 39. By Senator Pilcher of the 19th:
A resolution by the Senate, the House concurring, that the General Assembly of the State of Georgia stand adjourned on February 19, 1949, at 6 o'clock P. M. Eastern standard time, to reconvene Monday, January 16, 1950, at 10 o'clock A. M.
The following resolution of the House was read and adopted:

HR 117. By Mr. Abney of Walker:
A resolution that the House and Senate concurring, express their thanks to His Excellency, Mayor H. P. Wasson and other municipal officials of Chattanooga for their hospitality on the days of February 11th and 12th to a committee of the Georgia Legislature inspecting properties of the state owned Western & Atlantic Railway; and for other purposes.
The President presented to the Senate Jack Dempsey, former heavyweight boxing champion of the world.

The following general bills were read the third time and put upon their passage:
HB 706. By Messrs. Vickers and Galloway of Colquitt:
A bill promoting temperance and prosperity for Georgia people.
The report 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 315. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and others:
A bill to repeal an act relating to the crime of arson and the 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.

SATURDAY, FEBRUARY 19, 1949

765

The President presented to the Senate his wife, Mrs. S. Marvin Griffin, and Mrs. Slim Ledbetter.

HB 231. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others :
A bill to provide a temporary hunting permit in the State of Georgia for non-resident, to fix the amount of license fee to be charged for the same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 438. By Mr. Langdale of Lowndes:
A bill to regulate the sale and distribution of hunting and fishing licenses; to provide that such licenses shall be sold by the State Revenue Commissioner or his agent; and for other purposes.
The report 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 232. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others :
A bill to regulate hunting in this state; to regulate and prohibit the killing and possession of deer and wild turkeys; and for other purposes.
The report 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 233. By Messrs. Langdale of Lowndes, Wetherington of Echols, Buie of Camden, and others :
A bill to require the payment by non-residents of this state of an annual license fee for the privilege of fishing in the waters of this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

766

JOURNAL OF THE SENATE,

HB 298. By Messrs. Langdale of Lowndes, Wetherington of Echols and Wilkes of Cook:
A bill to provide for the payment of a license by certain persons fishing within the State of Georgia; to prescribe penalties for the violation of this act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed tc.
On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 415. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to provide for an increase in the permissible maximum which proper county authorities may contribute annually for support of each child committed to the Georgia Industrial Home; and for other purposes.
The report 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 406. By Messrs. Duncan of Carroll, Twitty of Mitchell, Smith of Haralson, and others:
A bill authorizing and requiring the various school boards of the counties, cities and independent school systems employing school buses, to cause policies of insurance to be issued insuring the children riding therein as well as the general public against death, bodily injury and property damage; and for other purposes.
The report 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 567. By Messrs. Adams of Wheeler, McCracken of Jefferson and Coleman of Richmond.
A bill regulating the use of public highways of this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:
SR 47. By Senator Purdom of the 46th: A resolution providing for inspections and reports on sanitary and health conditions of public property; and for other purposes.

SATURDAY, FEBRUARY 19, 1949

767

The President appointed as a committee as provided for in SR 47: Senators McCoy of the 4th, Bryant of the 43rd, and Tarver of the 48th.
A sealed communication was received from His Excellency, the Governor, through Benton Odum, executive secretary.
Senator Pilcher of the 19th moved that the Senate do now resolve itself into executive session, and the motion prevailed.
The Senate resolved itself into executive session at 5:50 o'clock.
The following communication was transmitted to His Excellency, the Governor, through George D. Stewart, Secretary of Senate:

Honorable Herman E. Talmadge, Governor State of Georgia Atlanta, Georgia

February 19, 1949

Dear Governor:
I wish to report to you as follows:
Relative to the matter of confirmation of the Honorable Winston E. Burdine, to be a member of the State Veterans Service Board, for a term beginning November 29, 1948, and ending April 1, 1952. The vote on this confirmation was ayes 2, nays 40.
The appointment was not confirmed.
Respectfully submitted,
George D. Stewart,
Secretary of the Senate

The executive session was dissolved at 6:00 o'clock and the Senate resumed its regular order of business.

The hour of adjournment, as provided for in Senate Resolution 39, having arrived, the President announced the Senate adjourned until January 16, 1950.

768

JOURNAL OF THE SENATE,

EXTRAORDINARY SESSION

Senate Chamber, Atlanta, Georgia. Monday, July 18, 1949.

The Senate met in extraordinary session at 10:00 o'clock A. M. and was called to order by the President, Honorable Marvin Griffin.
Scripture reading and prayer was offered by Rev. Howard P. Giddins, pastor of First Baptist Church, Athens, Georgia.

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

Ansley Ayers

Gholston Grayson

Pilcher Pittman

Blalock

Harris

Purdom

Boyett

Harrison

Rackley

Brooks

Housley

Roddenberry

Bryant

Jones

Rowland

Clary

Land, 51st

Saunders

Cochran Coleman

Land, 24th Layton

Sims Smith

Daniel

LeCraw

Stark

Davis

Mason

Swint

Dykes

Massey

Tarver

Florence Foster Garrett

McCoy Newton Overby

Turner Ursrey Wright

Gary

Peterson

Zellner

The following Senators did not answer to their names: Eve, Higginbotham, Lunsford, Rich and Williams.

The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, was received and read:

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta

Honorable S. Marvin Griffin President of the Senate

Sir:
I hereby certify that an election was held in the Counties of Stewart, Webster, and Quitman in the State of Georgia on the 26th day of April, 1949, for the purpose of electing a Senator in the General Assembly to represent the 12th Senatorial District for the unexpired term of Dr. Loren Gary, deceased; and that the consolidated returns of file and record in the Office of the Secretary of State are as follows :

MONDAY, JULY 18, 1949

769

12TH SENATORIAL DISTRICT FOR SENATOR FOR THE 12TH SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of Dr. Loren Gary, deceased.
Britt Gary received 642 votes Bill Ogletree received 526 votes
Given under my hand and seal of office this 28th day of April, 1949. Ben W. Fortson, Jr., Secretary of State

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta

Honorable S. Marvin Griffin President of the Senate
Sir: I hereby certify that an election was held in Quitman County, Georgia, on
the 26th day of April, 1949, for the purpose of electing a Senator in the General Assembly to fill the unexpired term of Dr. Loren Gary, deceased.
QUITMAN COUNTY FOR SENATOR FOR THE 12TH SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of Dr. Loren Gary, deceased.
Britt Gary received 304 votes Bill Ogletree received 302 votes
Given under my hand and seal of office, this 28th day of April, 1949. Ben W. Fortson, Jr., Secretary of State
State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta

Honorable S. Marvin Griffin President of the Senate

Sir: I hereby certify that an election was held in Stewart County, Georgia, on

770

JOURNAL OF THE SENATE,

the 26th day of April, 1949, for the purpose of electing a Senator in the General Assembly to fill the unexpired term of Dr. Loren Gary, deceased.

STEWART COUNTY
FOR SENATOR FOR THE 12TH SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of Dr. Loren Gary, deceased.

Britt Gary received 249 votes Bill Ogletree received 170 votes

Given under my hand and seal of office, this 28th day of April, 1949. Ben W. Fortson, Jr., Secretary of State

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta
Honorable S. Marvin Griffin President of the Senate
Sir: I hereby certify that an election was held in Webster County, Georgia, on
the 26th day of April, 1949, for the purpose of electing a Senator in the General Assembly to fill the unexpired term of Dr. Loren Gary, deceased.
WEBSTER COUNTY FOR SENATOR FOR THE 12TH SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of Dr. Loren Gary, deceased.
Britt Gary received 89 votes
Bill Ogletree received 54 votes
Given under my hand and seal of office, this 28th day of April, 1949. Ben W. Fortson, Jr., Secretary of State

MONDAY, JULY 18, 1949

771

The following proclamation of His Excellency, the Governor, was read by the secretary:

A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR HERMAN EUGENE TALMADGE OF
THE STATE OF GEORGIA

WHEREAS: The State of Georgia faces a grave fiscal crisis; and
WHEREAS: The all-important functions of education, health, public welfare assistance and highways are in jeopardy due to a general lack of funds and the adjustment incident to a changeover in our economy from a war-time to a peace-time basis; and
WHEREAS: One or the other of the two sub-committees of the Tax Revision Committee have been in session every week since the latter part of May studying closely all operational phases of the state government; and
WHEREAS: The economy sub-committee has already inquired into thP operation of all major departments of the state, including the Departments t)f Education, Health, Highways and Public Welfare, all of which account for the expenditure of 95% of all monies appropriated by the State; and
WHEREAS: While the committee has found that by some changes in policy and by more adequate enforcement of some existing laws certain savings can be effectuated, these savings manifestly are not of a type or sufficiency which can be immediately utilized to pay teachers' salaries, welfare benefits and other critical needs of our state government; and
WHEREAS: During the course of the hearing-s held by the Tax Revision Committee the need for immediate financial relief for the vital Departments of Education, Public Welfare, Health and Highways has been glaringly apparent; and
WHEREAS: The immediacy of the emergency confronting us requires that we take decisive action now pending final study and recommendations by the Tax Revision Committee; and
WHEREAS: The foregoing situation gives rise to an extraordinary occasion requiring immediate and postive action on the part of the legislative branch of our government.
NOW THEREFORE, The premises considered, I, Herman Eugene Talmadge, Governor of Georgia, acting by virtue of the power and authority conferred upon me by Article 5, Section 1, Paragraph 12 (2-3012) of the Constitution (\f the State of Georgia, do hereby convoke the General Assembly of Georgia to meet in extraordinary session at ten o'clock A. M. (EST) July 18, 1949, for the object of considering and enacting legislation relating to only the subject matter more specifically stated as followl:' ~
1. Enactment of emergency revenue measures to relieve the grave fiscal crisis now confronting the state governmental functions of education, health, public welfare assistance and highways.
2. Enactment of an amendment to the contingent section of the

772

JOURNAL OF THE SENATE,

appropriation act now in effect increasing the amount of money appropriated for public welfare assistance.
3. Enactment of an amendment to the contingent section of the appropriation act now in effect providing funds for the payment of an increase in pensions to widows of Confederate veterans as authorized by an act of the General Assembly of Georgia approved February 25, 1949.
4. Enactment of an amendment to the contingent section of the appropriation act now in effect pertaining to restrictions on the amount appropriated to highways.

Given under my hand and the great seal of the State of Georgia, at the Capital City of Atlanta, on this 14th day of July, in the year of our Lord, One Thousand Nine Hundred and Forty-nine.
Herman E. Talmadge,
Governor

By the Governor: Benton Odom, Secretary, Executive Department

Attest: Ben W. Fortson, Jr., Secretary of State

The following address was delivered by the Lieutenant Governor Marvin Griffin:
GENTLEMEN OF THE SENATE:
It is the duty of the Governor of this state to summon the General Assembly into extraordinary session at any time he believes the matters at hand to be of sufficient importance as to require such action. He lists and limits the subjects to be considered by the General Assembly in his call for an extraordinary session, and it is the duty of this body to consider the matters listed by the Governor and to take such action on them as the members think advisable.
The Governor has deemed it expedient to call this Assembly into extraordinary session and will make a detailed report to both houses, sitting in joint session, on matters affecting the state's fiscal condition.
As your presiding officer, I extend to each of you a warm and a cordial greeting. I deeply appreciate your splendid cooperation in the past and I look forward to serving you during the days of this extraordinary session with equal pleasure. The weather is hot and I hope when the time arrives to debate the important measures which will come before us that the distinguished members of this body will keep their passions and emotions at a minimum so as not to endanger health. Let us proceed in a spirit of helpfulness, cooperation and harmony.
I have been somewhat disturbed during the past few months to see this General Assembly referred to as "buck passers and engagers in political

MONDAY, JULY 18, 1949

773

maneuverings and subterfuges". Of course, this is a free country and public officials are fair game both in and out of season. This is the exercise of two of our inherent rights-freedom of speech and freedom of the press. I would have it no other way. But, as I look over this Senate, I do not recognize a single cowardly member of this body. You were elected by the people of your respective counties. It is the duty of each of you to work for the best interests of these people and for the welfare of the state as a whole. From experience and association I know you to be fair-minded, courageous and eager to do the right thing. The time has come here today for you to consider important measures affecting the welfare of your people and to make final disposition of these problems.
I am one who believes that there is no time as good as the present to do a job when one needs to be done. I do not believe that 1950 is a better time to do the job than now. If in your opinion, after careful consideration, something needs to be done now for the aged, dependent and crippled children, the tuberculars at Alto, the mental cases at Milledgeville, the common schools, the University of Georgia and rural roads in this state, then I beg of you to do it.
On the other hand, if in your best judgment, after careful consideration, nothing should be done for these groups at this time, I beg of you to cease your labors so that the taxpayers of Georgia may have the benefit of any savings which may accrue from your decision. I see no reason for us to wrangle at the taxpayers expense.
I hope we can lay politics aside during this session so that something beneficial can be accomplished. Political expedience may be a powerful factor in determining the final disposition of any matter, but it is the people who suffer when it is done.
Personally speaking, I am interested in doing the job now and not waiting until 1950 to see what the political picture will be at that time. This Senate is a sovereign body and it has the right to summons any official of the State of Georgia before its committees, if, in the opinion of its members, these officials have information which may be beneficial in solving the state's problems. If there is anyone in Georgia who has knowledge of graft in state government, it is the duty of this Senate to investigate the charge and take appropriate action. I would like to see the body give immediate consideration to effectuating savings in state government and I suggest to the finance committee that they summons any individual who has a plan for bringing economy to state government, that they request all iformation at his disposal, so that his knowledge may be utilized by the committee. In my opinion, Georgia needs something done for her now and not at some future date.
You will note that at the last session of this body, we passed a General Appropriations Act. This was the first time in many years that every dollar of anticipated revenue was appropriated out of the general treasury upon direction of the General Assembly. The Governor has no authority to take funds from one department of state government and give them to another. For the Governor to have this authority, in my opinion, is bad practice.
I see by the press that the State Auditor has found $6,153,984.16 in surplus state funds. (A substantial figure to be found at this time.) I call to your attention that it is your duty and your responsibility to say how this money shall be spent, also.
Senator-elect, Hon. Britt Gary of the 12th District presented himself at the secretary's desk where Justice Bond Almond, Justice of the Supreme Court, administered the oath of office.

774

JOURNAL OF THE SENATE,

The following resolutions were read and adopted:
SR 1. By Senator Pilcher of the 19th:
Be it resolved by the Senate that the secretary of the Senate be instructed to notify the House that the Senate has organized in extraordinary session and is ready for the transaction of business.

SR 2.

By Senator Pilcher of the 19th:
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 has convened in extraordinary session and is ready for the transaction of business.

The President appointed on the part of the Senate: Senators Dykes of the 14th and Tarver of the 48th.

SR 3.

By Senator Pilcher of the 19th:
Be it resolved by the Senate, the House concurring, that the General Assembly meet in joint session in the hall of the House of Representatives at 11 o'clock noon today for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five, three to be appointed by the Speaker of the House and two by the President of the Senate, to escort His Excellency the Governor to the hall of the House of Representatives.

The President appointed on the part of the Senate: Senators Ansley of the lOth and Starke of the 35th.

SR 4.

By Senator Pilcher of the 19th:
Be it resolved by the Senate that the resolution passed at the adjourned session of the regular session of the Senate held in January and February, 1949, fixing the compensation and number of employees of the Senate be and the same is hereby continued in effect for the extraordinary session of the General Assembly of Georgia convening July 18, 1949.

A privileged resolution by Senator Purdom of the 46th granting the privilege of the floor to Honorable L. E. Sweat, Blackshear, was read and adopted.

SR 5. By Senator Pilcher of the 19th:
A RESOLUTION
WHEREAS: Since the adjournment of the 1939 session of the Senate of the State of Georgia in 1949, the Honorable Dr. Loren Gary, a distinguished member of the 1949 Senate of the State of Georgia, has passed away; and,
WHEREAS, Senator Gary had served his state with honor and distinction in a long career both as a doctor of medicine and as a public official ; and,

MONDAY, JULY 18, 1949

775

WHEREAS, the membership of the Georgia Senate loved and honored him as a valiant member of this body.
NOW THEREFORE, BE IT RESOLVED BY THE SENATE that we do rise and pay silent tribute of one minute to the memory of, and in honor of, our deceased member, Honorable Dr. Loren Gary, the former Senator from the Twelfth District.
BE IT FURTHER RESOLVED that a copy of this resolution be enrolled in the Journal of the Senate and that the secretary of the Senate be instructed to send a copy of this resolution to the family of Senator Dr. Loren Gary.

SR 6. By Senator Roy LeCraw of the 52nd:
A RESOLUTION
WHEREAS, Honorable James E. Padgett, of Haylow, Georgia, represented the Sixth Georgia District in this body and had rendered distinguished and outstanding service to the people of Georgia during and since the last session, and
WHEREAS, Senator Padgett has now departed this life and gone on to his reward since the last meeting of this body.
BE IT THEREFORE RESOLVED as follows: that the Senate of Georgia exceedingly regrets the untimely death of our friend and colleague, Senator James E. Padgett and hereby expresses its heartfelt sympathy to the bereaved family and at the same time, deplores the loss to the people of Georgia of this able and conscientious public servant.
BE IT RESOLVED that this body stand in silent tribute to our former associate, after which it will be led in prayer by the chaplain of the Senate, and
THAT THEREAFTER, copies of this resolution be sent to the family of the deceased.

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 Senate to wit:
SR 2. By Senator Pilcher of the 19th:
Be it resolved by the Senate, the House of Representatives concurring, that a committee of five, two to be named by the President of the Senate, and three to be named by the Speaker of the House of Representatives to notify His Excellency the Governor that the extraordinary session of the General Assembly of Georgia, called by His Excellency the Governor has convened and is ready for the transaction of business.
The Speaker has appointed the following members of the House to wit:
Bennett of Barrow, McMillan of Washington, and Scroggins of Floyd.

776

JOURNAL OF THE SENATE,

SR 3. By Senator Pilcher of the 19th:
Be it resolved by the Senate, the House of Representatives concurring, that the General Assembly of Georgia convene in joint session in the hall of the House of Representatives at 11 o'clock A. M. on July 18th, 1949, for the purpose of hearing a message from His Excellency, the Governor, and that the President of the Senate, and the Speaker of the House of Representatives be authorized to name a committee of five to escort the Governor to the hall of the House of Representatives, three members to be named by the Speaker of the House, and two to be named by the President of the Senate.
The Speaker has appointed the following members of the House to wit:
Salter of Upson, Battle of Decatur, Miller of Miller.

SR 7. By Senator Garrett of the 53rd:

A RESOLUTION
WHEREAS, the General Assembly of the State of Georgia has been convened in extraordinary session for the purpose of raising revenue for the education, health, welfare and roads for the State of Georgia; and
WHEREAS, the Attorney General of the State of Georgia has made public speeches in which he states that the fraud, graft and waste in the state government if corrected will adequately finance the expanded services; and
WHEREAS, the Finance Committee of the Senate of the State of Georgia is charged under the rules of the Senate and the laws of Georgia with the handling of all tax bills in the Senate; and
WHEREAS, the Finance Committee desires to have the benefit of the advice and counsel of the Attorney General of Georgia in investigating all charges heretofore made; and
WHEREAS, the Finance Committee desires the power to investigate all charges of fraud, graft, and waste in the state government by being authorized to subpoena witnesses and by hearing testimony delivered under oath.
NOW THEREFORE, BE IT RESOLVED by the Senate of the State of Georgia that the Finance Committee be, and by same is hereby authorized to investigate the charges of fraud, graft and waste in the state government, to subpoena witnesses to have testimony delivered before it under oath and to do all things that may be necessary or desired in making a thorough investigation of the charges made by the Attorney General of the State of Georgia.
BE IT FURTHER RESOLVED by the Senate that the Attorney General of the State of Georgia be and he is hereby directed to appear before the committee at any and all time when required by the committee and to cooperate with the committee in every manner.
On the adoption of the resolution, the ayes were 27, nays 0, and the resolution was adopted.

MONDAY, JULY 18, 1949

777

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 to wit:

HR 1.

By Mr. Twitty of Mitchell:
I am instructed by the House of Representatives to notify the Senate that the House has convened in extraordinary session, pursuant to the call of Governor Herman Talmadge and is ready for the transaction of business.

HR 2.

By Mr. Twitty of Mitchell:
Be it resolved by the House, the Senate concurring, that a committee of five, three to be appointed by the Speaker of the House and two by the President of the Senate, to notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is now ready for the transaction of business.

The Speaker has appointed the following members of the House to wit:
Bennett of Barrow, McMillan of Washington, Scroggins of Floyd.
HR 3. By Mr. Twitty of Mitchell:
Be it resolved by the House, the Senate concurring, that the General Assembly meet in joint session in the hall of the House of Representatives at 11 o'clock noon today for the purpose of hearing a message from His Excellency the Governor, and that a committee of five, three to be named by the Speaker of the House and two by the President of the Senate, be appointed to escort His Excellency the Governor to the hall of the House.

The Speaker has appointed the following members of the House to wit:
Salter of Upson, Battle of Decatur, Miller of Miller.
At this time the President and secretary, accompanied by the Senators, repaired to the hall of the House of Representatives to hear an address from His Excellency, Governor Herman E. Talmadge.
The joint session was called to order by the President.
The resolution convening the joint session was read by the secretary.
The following address was delivered by the Governor:
LIEUTENANT-GOVERNOR GRIFFIN, SPEAKER HAND, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES:
We are meeting here today at the beginning of what I think is the most important legislative session held in Georgia in modern times.
Today we are facing a decision which will shape the policies of this state for years to come.

778

JOURNAL OF THE SENATE,

We are going to tell the world at this session that the people of Georgia, whose solemn representatives you are, stand ready to make some small sacrifices so that they can provide for the human welfare of many of our citizens.
Speaking as Governor, my first words express appreciation to you on behalf of the people of this state for leaving your farms, businesses, law practices and other endeavors to meet here today.
I have called you gentlemen here this morning because a series of uncontrollable and unpredictable events have developed during recent weeks which have precipitated a grave financial crisis in our state.
It was not without great thought and deliberation that I summoned you here in extraordinary session. I have always been a strong believer in fair and open representative government like our forefathers founded in this country. They were wise and sagacious leaders and knew full-well that those in closest touch with the needs and problems of the people were their chosen representatives.
For that reason, as long as I am Governor of Georgia, whenever the wellbeing and future progress of my state is at stake, I will summon the people's chosen representatives and Senators to lend me their experience and assistance in keeping our government strong and reflective of the needs and wishes of our people.
In Georgia today we face a crisis-an emergency-that must be met- immediately. It must be met now. It must be met by you.
I am going to place this situation squarely before you. I am going to talk plain language. I am going to put this emergency before you without qualifications-without any "ifs," "buts" or "ands." Just good, common horse sense to a people who are richly endowed with good common horse sense.
You represent the people in every county in our state.
I believe the people back home want to see our children provided with fulltime schools, manned by an adequate number of competent teachers serving every remote community in this state.
And I believe the people back home want to provide comfortable subsistence for the helpless and needy old people of Georgia.
Those unfortunates who have stepped beyond the thin veil of sanity, are calling out to us this morning for help in order that they may once again take their places in society sound in mind and body.
Farmers over Georgia are looking to us for rural road development over which they can carry their children to school and their crops to market.
Our people back home, I believe, want to see our magnificent Battey Hospital for tuberculosis run at full capacity so this dread disease can be wiped out, once and for all, in our state.
Then, too, our people back home, I think, have deep concern for the advancement of the institutions in the University System of Georgia. I believe they are eager to aid this great system of schools in an emergency which has come upon it through no fault of its own.
And I am sure the people back home are willing to provide a small additional pittance that will take care of the widows of those Confederate veterans who died on a myriad of battlefields so that honor might live forever among their descendants.

MONDAY, JULY 18, 1949

779

I am an optimist. I look for good in people. I look for generosity and sympathy for those people who are unfortunate. I look for high motives.
I refuse to believe that our people are either cheap or miserly.
At no time do I want any person to think that this emergency is one that affects a little group of people scattered here and there throughout our state.
It is not that kind of an emergency. It is a crisis that, directly or indirectly, affects every man, woman and child in Georgia. For those who oppose the program we submit to you-oppose it honestly and sincerely-! have the utmost respect.
But for those who oppose the program for selfish political reasons; for the advancement of their own monetary interests or for a miserly refusal to recognize the crying needs of their fellowman I have a feeling of impatience and contempt.
We live in a democratic form of government-the greatest on earth. We have duties and obligations under this kind of government as well as opportunities not accorded by any other form of society.
A democratic form of government fosters the care and welfare of the poor and needy as well as it provides chances for acquiring wealth and luxury for the more fortunate.
So, today I am submitting this emergency program squarely before you members of this honorable and illustrious body-the General Assembly of Georgia.
I have taken my stand.
Yes, I have taken my stand without regard or fear for what may happen in the future.
My stand is on the side of the thousands of boys and girls in Georgia who are entitled to an education, who are entitled to the best our state resources and economy can give them.
I stand on the side of the old men and women of our state, who are suffering and needy; on the side of the dependent and underprivileged children; on the side of the blind and physically handicapped; on the side of the sufferers from tuberculosis who can be cured with facilities we already possess; on the side of the helpless patients at our state hospitals and on the side of the young men and women who are entitled to the best that our University System, properly supported, can give them.
I know this morning that you want a detailed report from me on the conditions of the vital functions of our state government. You want to know what our emergency needs are and how they can be met most fairly and expeditiously.
The first department of our state government that I would like to discuss with you this morning is our State Department of Education. Their mission is the most important in any civilized country for they are charged with molding the character and thinking of our children. Every stroke that they make has a definite bearing upon the future of our towns, our cities, our counties, our state and nation.
I do not have to tell you this morning that many of our counties throughout Georgia face a precarious condition in regard to their school finances.
Unless we take clear and decisive action here many of our rural counties in Georgia will not be able to open their schools this fall on a sound financial footing.

780

JOURNAL OF THE SENATE,

In many instances these counties have been unable to supplement state salaries for teachers. In other instances they have attempted to supplement salaries using borrowed funds with which to pay these supplements. The effect of this policy of borrowing and borrowing and borrowing in many counties has resulted in indebtedness on the part of the school authorities to such an extent that they cannot repay what they have borrowed nor can they borrow any additional funds. The unhappy result is that those qualified teachers whom they have employed in the past on the strength of the supplements paid are leaving those systems and going where they can receive supplements.
Other counties are in debt after having purchased school busses; others are saddled with bonded indebtedness; others have windows out of their buildings and are badly in need of funds for other emergency repairs to such items as heating equipment, desks and sanitary facilities.
While Georgia's teachers' salaries have remained the same, teachers' salaries in states bordering on Georgia have risen appreciably thus further complicating our school finances. This situation has caused many schools to lose their better trained teachers. Of course, you know these losses are extremely bad on the children. The guiding hand of one or two capable well-qualified teachers may, and often does have a profound effect upon the development of the child.
The public school system of Georgia is in great danger.
Unless we take steps immediately to meet this emergency many of our county school systems will face collapse this fall. We can't afford to lose any more of our teachers to other states. They are already saying that Georgia trains more teachers for Florida than any other state.
In order to meet the critical needs of our schools on an emergency basis I ask that the General Assembly provide an additional $5,000,000.00 for the county equalization fund to be paid to county school systems over Georgia to be spent on their most pressing needs. I further recommend that we make available an additional $3,600,000.00 to provide an immediate increase in teachers' salaries prior to the opening of schools this fall. It will also be necessary for us to provide an additional $400,000.00 for teacher retirement funds to match the increase in salary payments.
By providing these two emergency school funds now we will be able to give our county school systems throughout Georgia acutely needed financial relief and through this proposed salary increase, we will have a chance to hold our teachers pending the next session of the General Assembly.
Now my friends I want to explain to you in just as plain language as I can find, the emergency we face in the old-age pension situation in Georgia.
As you know, the public assistance program in our state and in every other state is controlled largely by the federal government because they furnish most of the funds with which to carry out the program. They have certain rules and regulations which must be scrupulously followed by the several states in order to qualify for this assistance. Unless the state follows the policies laid down by the federal government, there is always the ever-present danger of federal fund participation being withdrawn. Federal auditors and supervisors are constantly checking the records of all state welfare departments to see to it that the policies laid down by the Federal Security Administration are complied with.
Changes in federal security regulations as regards old-age and other assistance have vitally affected our whole pension program in Georgia. There is nothing that we can do about these changes except do our best to do our part in complying with them. I am sure that you are interested in knowing what the pro-

MONDAY, JULY 18, 1949

781

cedure was prior to these changes in federal regulations and how their promulgation has affected us here in Georgia.
Take the year 1946 for example. The state appropriated approximately $5,800,000.00 for old-age and other assistance. Under the federal rules as they existed at that time it was possible to place a ceiling on the number of persons receiving old-age and other assistance. This meant that in a county where the ceiling had been reached that those persons reaching the age of 65, no matter how eligible they were for the pension, they would have to wait until someone on the rolls either died or removed from the county before they could get on. I believe you will admit that the old method was unfair, wrong and discriminatory.
The federal government has now taken the position that the states can no longer place a ceiling on the number of persons receiving old-age or other assistance. They don't try to tell you how much you can appropriate for this purpose but they do tell you that all citizens or all eligible applicants on the same footing must be treated alike.
This fiscal year you have appropriated for old-age and other assistance the sum of $7,200,000.00. By the way, for your information, this is an increase of $612,000.00 over the last full fiscal year of the preceding administration. Even in spite of the fact that we have provided more money for the Welfare Department than ever before in its history the rapidly expanding list of persons eligible for old-age assistance from 69,506 in 1946 to 93,962 in 1949 has exhausted the present state appropriation.
The number of new applications from our elder citizens throughout Georgia who are eligible for the pension have increased tremendously in the last several months to a total now of 1,900 per month. Cases are being closed only at the rate of approximately 400 per month. This means right now that a net total of 1,500 are becoming eligible each month for assistance for whom we have no funds. In order to comply with the federal security regulations we have got to have the rolls open at the bottom in order to take care of these 1,500 new eligible applicants each month.
We now find ourselves, through no fault of our own, in this dilemma. If we don't get additional money with which to pay old-age and other assistance, the federal government says that we must take the $7,200,000.00 and spread it out extremely thin in order to take care of all eligible applicants for assistance.
There are two courses open to us. The first course is the heartless one devoid of any feeling and appreciation for our elderly citizens who have built Georgia into the great state which it is. It is a course which I do not wish to follow and it is a course which I know that you will not wish to follow.
If we follow the first course, it will be necessary to continue in effect the cut in the maximum pension which took place in May from $50.00 to $30.00 per month. It will also be necessary to inaugurate a general tightening of eligibility requirements which will result in some 15,000 of our old folks being removed from the pension rolls in order to make room for more needy eligible applicants turning 65 years of age.
Now, my friends, we come to the second course which is the course I know that we will all want to see taken in our state. We want to see the maximum pension in Georgia restored to $50.00. We don't want to see 15,000 of our old folks removed from the pension rolls.
If we are to meet these federal requirements, an additional minimum amount of $4,000,000.00 must be made available for public welfare assistance this fiscal

782

JOURNAL OF THE SENATE,

year and preparation must be made for the expenditure of an additional $7,000,000.00 during the next fiscal year.
As you know, economic conditions and lower mortality rates have a great effect on the number of applicants for assistance. In order to be safe and meet all possible contingencies I recommend that you increase the amount in the contingent section of the appropriation bill from $1,500,000.00 to $7,000,000.00 in order to take care of all contingencies and the transition from this fiscal year into the next.
There is one other point which I would like to make here and that is this. The federal government puts up three-fourths of all monies used for old-age assistance, aid to dependent children and aid to the blind, up to an average payment of $20.00 per month. Over $20.00 the state and federal government match on a fifty-fifty basis. This means when we take $1.00 of our state money out of one pocket we put approximately $4.00 back in the other pocket.
Is this good business? I think it is.
It has always been my sincere and firm belief that the State of Georgia should exert every effort to take full advantage of all federal fund benefits where they are available. Certainly, where the federal government is putting up from one-half to three-fourths of the money in a program we should not begrudge paying our small part.
I know that no man in this General Assembly or within the sound of my voice going out over the radio to all sections of Georgia, wants to see any of our old folks cut off the pension rolls because it means meat and bread to them; it means medicine; it means shelter and clothing; and it means the maintenance of self-respect and dignity.
I cannot, I will not assume the responsibility of telling any old person in Georgia that your son John has an income and is able to support you and for that reason you will have to go and live with him and his family.
I am not willing to say to any old person in this state that because you may have $150.00 or $200.00 saved back in some fruit jar that we are going to cut off your pension. A;nd I know that no member of this General Assembly wants to say that either.
I wish that every member of this honorable body could sit behind my desk for one week and read with me the hundreds of piteous letters which come to your Governor. They tell poignant and heart-rending details of needs on the part of our old people, many of whom have been left alone to shift for themselves in the evening of their lives on this earth.
We who enjoy the comforts of modern days are sometimes taken to forgetting the difficulties with which some of our old folks are faced just to hold body and soul together. We who take our bountiful tables for granted often do not stop to remember that a single piece of bread might be the most important thing in another man's life at the moment.
One elderly gentleman who was a life-long friend of my father, and who is a friend of mine, wrote me the other day about the old-age pension situation in Georgia and he closed his letter to me in this way, with a quotation from Psalms, 41st chapter, 1st verse: "Blessed is he that considereth the poor; the Lord will deliver him in time of trouble."
The time is definitely at hand when we must be candid and frank enough to

MONDAY, JULY 18, 1949

783

tell our old people, our dependent children and our blind, whether we have the capacity to do the job for them that needs to be done.
I call on you today clearly and without equivocation, to join hands with me in seeing that this job is done.
Now, I would like to discuss with you in some detail another pressing need of our state in which I know that you are also interested.
Never a day passes that I do not confer with several of you gentlemen about the highway and rural road situation in your county.
We all know that our highways and roads were battered and pounded all through the war years by military convoys and heavy civilian traffic without any maintenance at all from the state.
In the midst of politics and political campaigns there was a tendency to neglect vital maintenance in favor of political road building. I do not need to recount here the collusive so-called "negotiated" contracts which were let without calling for the lowest bidder. I do not need to recall here roads which were built under half-baked plans and supervision that are now going to pieces all over Georgia. I do not need to recount here how a large part of our road money was wasted during the war years and those which immediately followed, on defective materials and slip-shod work. I do not need to recall here that our rural roads were also woefully neglected during this period.
My friends, we are now reaping the whirlwind. The time has come when we must act and act fast if we are to preserve the hundreds of millions of dollars which we have already invested in our highways. We are doing more maintenance right now than at any time before in the history of the state. We are spending $6,000,000.00 this year for this purpose and we are making every dollar count. Yet, I tell you quite frankly, that due to the vast backlog of work which has accumulated through the recent years of neglect this figure is woefully inadequate. We must have more money to properly maintain our roads and protect our investment in them.
Another thing which I want to discuss with you about our road situation, that I know to be of state-wide interest, is this fact. At the present time we are matching all the federal funds coming into Georgia. To do this, we are having to put up a large part of our construction money. After we have done this and after we have set up our maintenance program, there is little left to be used on rural roads or exclusively state-aid construction.
I know that you members are well aware of this fact. The people of Georgia want to see our state at least launch the beginning of a long-range program for the improvement of our rural roads. We must make them all-weather roads so that the farmer can use them during all seasons of the year. It seems futile to build large farmers' markets and fine school buildings when the farmers can't get his crops to market or his children to school. All-weather rural roads are imperative and necessary to our state's future progress.
Today, I _am calling upon each of you gentlemen, who are interested in the rural roads of our state and the proper maintenance of our highways to join with me in providing a $5,000,000.00 additional fund for the Highway Department to meet the present emergency in our road system. I think that all of you will agree that this figure is pitifully low.
Turning now I would like to submit to you my recommendations in regard to two of our humanitarian institutions. They are Milledgeville State Hospital

784

JOURNAL OF THE SENATE,

for the mentally ill at Milledgeville and Battey State Hospital for tuberculosis sufferers at Rome.

Both of these institutions have a warm spot in the heart of every Georgian. I do not believe that there is a single citizen in this state who will take issue with the fact that we have a heavy moral responsibility in seeing to it that our less fortunate citizens are provided for in decent, clean and respectable surroundings.

At the present time over 9,500 Georgians are patients at Milledgeville. For this number of patients we have only fifteen doctors. Simple arithmetic tells us that the number of physicians is entirely inadequate for treating 9,500 patients.

There are only two dentists now at work at the hospital and there is a shortage of graduate nurses.

Patients sometimes go for weeks and even months without seeing a doctor for examination. It is no fault of the doctors. The responsibility lies with me and with you.

We are steadily making many constructive improvements in the physical plant of the hospital in the way of new buildings. We are making major repairs and additions to existing dormitories, as well as to the auxiliary buildings, the grounds and at the hospital farm.

With the housing situation alleviated we must redouble our energies now to bring about necessary improvements in the medical staff and the nursing and attendant staff.

I am sure that you gentlemen have read in the press of my proposals for reorganization at Milledgeville and other state hospitals. It is a plan through which I hope we will be able to secure the services of interns to augment the medical staffs at our state hospitals.

That is why today I am asking the members of this General Assembly to provide my administration with an additional $500,000.00 on an emergency basis to provide Milledgeville with additional doctors, nurses and attendants preparatory to presenting our reorganization proposal at the next session of the General Assembly in January. Your cooperation now will be the first step.

There is another institution, Battey Hospital, at Rome, which also deserves our consideration. It is operated by the Health Department as a part of their preventive medicine program, and is devoted to the treatment and care of tuberculosis. This hospital was given to the State of Georgia after World War II by the federal government.

During the years since its acquisition, Battey has been able to take the

majority of the applications for admission due to the fact that the patient load

has been increasing each year by approximately two hundred to three hundred

patients. At the present time the institution is having to hold its patient load

at approximately 1,400 beds due to the fact that more funds are not available.

This situation, therefore, has caused the number of new admissions to be greatly

reduced and has also caused the institution to send patients home too quickly

which is not consistent with good treatment policy.



Battey faces two acute problems. The main problem is financial of course, and the second greatest problem is due to a state-wide and nation-wide shortage of nursing personnel. As a consequence, Battey will continue to be short of nurses until we are able to pay competing salaries with those of other similar institutions.

MONDAY, JULY 18, 1949

785

The maximum capacity at which Battey Hospital could operate if funds were available is 2,100 beds. This is 700 beds more than the 1,400 now in operation. The present patient cost per annum is $1,450.00. This is a good bit higher than patient costs at other state institutions because of specialized diet requirements and medicines needed in the treatment of tubercular patients.
Operating costs for Battey Hospital at full capacity will be approximately $3,000,000.00 per year, whereas this institution is now receiving just a little in excess of $2,000,000.00.
Since Battey Hospital was not completely equipped by the army it will cost an additional $350.00 for each new bed opened as we will have to purchase mattresses, bedside tables, diet kitchen equipment, linens and hundreds of items necessary to care for a patient.
If we put 350 new beds in Battey Hospital this year and 350 in next year, a nurses' home will have to be built and we will need to increase our dairy herd there as well as build several additional homes for doctors. If we take action on this program now there is every possibility that we will be able to work out an arrangement with the Health Department whereby we can secure some federal matching funds under the Hill-Burton Act to build the nurses' home.
We have approximately 150 people on the waiting list, of which one hundred cases are urgently in need of immediate admission. At the present capacity we can admit only approximately fifteen new patients each week. So you can see that those who do finally get in have to delay their treatment several weeks and sometimes months. Those of you who are familiar with this dread disease know that it is incipient and rapidly progressive. The effectiveness of the new drug streptomycin is dependent upon the patient getting there in time.
If Battey were operated for ten years at full capacity it could probably be converted to some other purpose as Alto would be large enough for the patients at that time. I base this prediction on our decrease in death rate plus the fact that streptomycin and other new drugs are able to shorten the treatment period and most important of all to effect miracle cures that were heretofore thought impossible.
I believe that an effort should be made to keep the waiting list down by increasing the number of beds by approximately three hundred per year and during that time taking care of matters such as needed equipment, the new nurses' home, additional personnel and an increase in the dairy herd. If this were done we could buy the equipment while we are getting adequate personnel and this would be the most practical and economical manner in which this expansion could take place.
Tuberculosis is no respecter of persons. It strikes the poor and rich. It strikes negroes and whites alike. It is contagious in some respects and doesn't stop at any imaginary line.
I am personally familiar with a great number of cases throughout Georgia that cannot now get in Battey Hospital. Just the other day I received a series of letters and telephone calls from friends of mine in one of our Georgia counties. The mother of a family had suddenly found out that she had tuberculosis. The father was of moderate means and did not have the money with which to hire a nurse or to buy sufficient medicines for his wife. Their little nine year old son was having to stay out of school and at home to look after his mother while the father worked all day trying to make enough to take care of his wife who lay sick and suffering from lack of treatment.

786

JOURNAL OF THE SENATE,

I cite this case as one among many because I want you gentlemen to get some idea about what we are facing along this line.
I hope that you will make immediately available an additional million dollars for Battey Hospital so that we can take care of cases like this and wipe from the escutcheon of our fair state the scourge of tuberculosis.
Let us never admit that because of the lack of a comparatively small amount of money our state is, in effect, imposing the death sentence on hundreds of our people who could be cured and turned again into productive citizens if enough money were available.
I say to this General Assembly convened here in extraordinary session that the health and safety of the Georgia we all love so well demands that we take immediate and positive steps toward utilizing the full facilities of Battey Hospital at one hundred percent of its capacity.
The next matter which I would like to discuss with you is the desperate financial plight in which our University System now finds itself due to a reduction in income from veteran students.
The readjustment in tuition fees paid by the Veterans Administration was unanticipated and has taken place during recent weeks. The University System had an enrollment of 10,000 veteran students in the last school year and for each of whom the Veterans Administration paid tuition fees approximately three times those paid by non-veteran resident students. It is estimated that the University System will lose approximately one-third of these students during the coming year and due to a cut in tuition fees for remaining veteran students by the Veterans Administration, a loss of income from this source will bring a reduction of approximately $1,400,000.00 in the University System's income for the fiscal year 1949-50. This uncontrollable loss of a large percentage of revenue has dealt our whole University System a heavy blow.
We can take scant comfort in the fact that this problem is not confined to Georgia, as other state universities are faced with the same situation of declining income from G. I. student fees and allowances from the Veterans Administration. Legislatures of other states in several instances have made special appropriations to offset these losses. For instance, the University of North Carolina has just received a special appropriation for this purpose.
At this time, I would like to pay high praise to Georgia's Board of Regents who have given generously of their valuable wisdom and administrative talents in making every dollar which they are now getting for the operation of our University System count to the fullest extent.
At the present time, due to the unanticipated loss of federal money, the Board of Regents does not even have sufficient monies with which to make emergency repairs on dormitories and class rooms. Funds are needed to open up the School of Veterinary Medicine and for matching available federal funds to Georgia for experimentation in the field of agricultural research, the latter being very important to those of us who are trying to make a living on our farms.
I know that you read in the paper just a few days ago where several of the key teachers at the University System left Georgia to accept positions in other states paying from twenty-five to fifty percent more than corresponding positions in our State University System.
A rising birth rate and an ever-expanding student body requires that we begin plans immediat~ly for the provision of new buildings, libraries, and expansion of existing structures,

MONDAY, JULY 18, 1949

787

The Board of Regents have asked that I bring this message to you that they need additional funds in the amount of $1,000,000.00 immediately in order to take care of the most absolute emergency needs pending the regular session of the General Assembly next January.
Here, again, I say, the very future of our state and its young people are entwined with our deliberations. I know that you will not let them down.
Lastly, I would like to bring one other item to your attention where we have more than a usual amount of responsibility.
At the last session of the General Assembly, an Act was passed increasing Confederate widow's pensions from $50.00 a month to $75.00 a month. This bill failed to carry an appropriation for that purpose. On the first day of July 1949, pensions were paid by the State of Georgia to a total of 629 Confederate widows. Based on these figures, an increase in Confederate widows' pensions from $50.00 per month to $75.00 per month as provided in HB 484, Georgia Laws 1948-49, page 1,118, would require approximately $200,000.00 per year.
There are eighteen Confederate widows living in the Confederate Soldiers' Home in Atlanta. These widows may leave the home at their pleasure and be restored to the Confederate pension rolls. The normal loss of pensioners by death would leave sufficient funds to pay widows who might decide to apply for restoration to the Confederate pension rolls.
I know that you gentlemen will also want to see this matter taken care of. Therefore, I am requesting that you appropriate an additional $200,000.00 with which to pay this item during the remainder of this fiscal year.
That concludes the discussion of our most immediate emergency needs. I think you will all agree that these things must be provided for or else great numbers of our people will suffer.
During the last fiscal year, the total revenue of the State of Georgia from all sources was $109,981,071.65. Of this amount approximately ninety-five percent or $98,000,000.00 was spent in carrying on the more vital governmental functions of public education, health, welfare, and highways.
This left approximately $9,500,000.00 to run all other departments of the state government. If you abolished the Executive Department, the Legislature, the courts of our state, the Department of Agriculture, the Department of Conservation, the Comptroller-General, the Department of Entomology, the Department of Labor; and if you abolished the Department of Revenue, the State Department, the Veterans Service Office, the Public Safety Department, the Military Department, the Department of Commerce and the various minor departments of the state government, we would still have only a fraction of the amount of money required to meet our pressing emergency needs which I have outlined to you.
During the latter part of May, I appointed to the Tax Revision Committee a representative group of citizens from all walks of life. We set up two subcommittees, one to study the broad subject of tax revision, the other to study economy and administration.
One or the other of the two sub-committees of the Tax Revision Committee have been in session practically every week during the last several weeks. They have inquired into the operation of all major departments of the state, which account for ninety-five percent of all monies appropriated.
While the sub-committees have found that by some changes in policy and by more adequate enforcement of some existing laws, certain theoretical savings

788

JOURNAL OF THE SENATE,

could be effectuated, these savings manifestly are not of a type or sufficiency which can be immediately utilized to pay teachers' salaries, welfare benefits, and other critical needs of our state government. On the other hand, it has been very apparent from the first days' hearings of the tax revision sub-committees that immediate emergency financial relief for the vital agencies of our state government is absolutely essential.
Therefore, as Governor of this commonwealth, I respectfully urge the General Assembly of Georgia to make the following amounts available for the purposes indicated:
Teachers' Salary Increase, $3,600,000.00; School Equalization Fund, $5,000,000.00; Teachers' Retirement Fund, $400,000.00; Battey Hospital, $1,000,000.00; Public Welfare Assistance, $5,000,000.00; Highways, $5,000,000.00; University System, $1,000,000.00 and Mental Institutions $500,000.00.
Now, we come to the important question of how we are going to finance the above emergency items.
There are two important factors which I have considered in arriving at the recommendations which I shall make to you.
First, that we must enact revenue measures which will be immediately productive.
Secondly, they must be of such a nature as not to require a great deal of extra administrative expense.

With these two things in view, I herewith respectfully and urgently request this General Assembly to raise additional revenue required to finance the above emergency needs of our state government in the following manner, to wit:
(1) By adding two cents to the present tax on beer.
(2) By adding one cent to the present tax on gasoline.
(3) By adding two cents to the present tax on cigarettes.
(4)
By raising the present corporate income tax rate from five and one-half percent to eight percent.
I further recommend that you enact the foregoing as emergency measures only and that a provision be included in each act that it expire June 30, 1951.
In addition to the above items the Revenue Commissioner can and will by departmental regulation increase the warehouse charge on liquor one dollar per gallon.
Those who are opposed to the method I have suggested for financing this program have stated that these taxes are of a temporary nature and will not solve our financial problems for all times. That fact is admitted. The emergency exists now. The emergency must be solved now.
The Tax Revision Committee which has been appointed by authorization of a resolution of the General Assembly of Georgia is doing an outstanding job. They are working diligently at their task. They are not now prepared to make

MONDAY, JULY 18, 1949

789

recommendations that will remedy the tax structure of this state. You will have an adjourned session of the General Assembly next January. At that time, I feel certain that the Tax Revision Committee will have specific, positive and definite recommendations to make to you that will help solve the financial problems that exist in our state government.
I should like to make it clear to this honorable body that my program which I have outlined above is the absolute minimum required to tide over the vital functions of our state government until the regular session of the General Assembly next January.
When you were here last January, you set a record unmatched in the history of this state by passing a bill out of the House of Representatives in three days.
I would like to recall to your attention the fact that the General Assembly within the past few years has had two extraordinary sessions that lasted only five days each.
I ask that you use that as a goal to shoot at. I urge that you pass this legislation as speedily and as expeditiously as possible.
It is with a feeling of pride that I assume responsibility for the leadetship on behalf of this greatest of humanitarian efforts in the history of our state. I call on each and all of you now to join with me in carrying out this program for the benefit of our children, our old people, our unfortunates in our state mental institutions and at Battey Hospital; this program for building up our highway system and furnishing passable rural roads; this program to guarantee a better future to our school boys and girls and our young men and women who seek the training and services of the University System of Georgia.
Now, my friends, let us all come out and show our colors. Let us tell the world that Georgia has a heart. Tell the world that our citizens are willing to make sacrifices to aid their neighbors in distress. Tell the world that we dare face the future with confidence that we are all following the right course.
Let us go back to our homes imbued with the feeling that we are proud of our institutions, proud of our schools. Proud in our assurance that we, as the state government, have showed our love of humanity. Proud of the record we will have made here. Proud to tell our people that we have heard the call for human aid and have not failed to heed.
Deep down inside, I feel today that the people in every hamlet and every community in our state are offering up their prayers to a Supreme Being for the success of this program.
And, with the blessings of God which they have invoked-let us act.
Senator Grayson of the 1st moved that the joint session be now dissolved, and the motion prevailed.
The Senate resumed its regular order of business.
The President announced the following replacements on the Committee on Finance:
Senator Pilcher of the 19th to replace Senator Padgett, deceased.
Senator Britt Gary of the 12th to replace Senator Loren Gary, deceased.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10:00 o'clock tomorrow morning.

790

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, July 19, 1949.

The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Dr. L. 0. Leavell, pastor First Baptist Church, Newnan, Georgia.

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

Ayers Boyett Bryant Clary Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Mason Massey McCoy Newton

Overby Peterson Pilcher Purdom Saunders Sims Smith Stark Swint Turner Ursrey Wright Zellner

The following Senators did not answer to their names: Ansley, Blalock, Brooks, Cochran, Coleman, Harrison, Lunsford, Pittman, Rackley, Rich, Roddenberry, Rowland, Tarver and Williams.
Senator Pilcher of the 19th 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 Pilcher of the 19th asked unanimous consent that when the Senate adjourn today it stand adjourned until 11 o'clock tomorrow morning, and the consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 11 o'clock tomorrow morning.

WEDNESDAY, JULY 20, 1949

791

Senate Chamber, Atlanta, Georgia. Wednesday, July 20, 1949.

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, Dr. L. 0. Leavell, Newnan, Georgia.

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

Ansley Blalock Boyett Brooks Clary Cochran Coleman Daniel Davis Dykes Eve Foster Garrett

Gary Harris Higginbotham Housley Land, 51st Land, 24th Layton Mason Massey McCoy Newton Overby Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Saunders Sims Smith Stark Tarver Ursrey Zellner

The following Senators did not answer to their names: Ayers, Bryant, Florence, Gholston, Grayson, Harrison, Jones, LeCraw, Lunsford, Rowland, Swint, Turner, Williams and Wright.
Senator Tarver of the 48th, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Pilcher of the 19th moved that the Senate recess until 3 o'clock P. M. and the motion prevailed.
The President announced the Senate recessed until 3 o'clock.
The Senate was called to order by the President and resumed its regular order of business.
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:
lfB 1. By Messrs. Hand of Mitchell, Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens:

792

JOURNAL OF THE SENATE,

A bill to amend an act approved March 23, 1935, entitled "An act for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.

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

HB 1. By Messrs. Hand of Mitchell, Twitty of Mitchell, Smith of Emanuel and Gross of Stephens:
A bill to amend an act approved March 23, 1935, entitled "an act for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.
Referred to the Committee on Finance.

The following resolution was read and adopted:
SR 8. By Senator Pilcher of the 19th:
A resolution thanking Hon. Jeff Barnes of Homerville, Georgia, for the Okeefenokee honey sent each member of the Senate.
Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn today it stand adjourned until 12 o'clock noon tomorrow and the consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 12 o'clock noon tomorrow.

THURSDAY, JULY 21, 1949

793

Senate Chamber, Atlanta, Georgia. Thursday, July 21, 1949.

'fhe Senate met, pursuant to adjournment, at 12 o'clock noon this day and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The 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 2.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :
A bill to amend that certain act of the General Assembly of Georgia approved March 30, 1937, and entitled "An act to repeal part 3, cigars and cigarettes, chapter 92-22, in general, of the 1933 Code of Georgia in its entirety; and for other purposes.

Mr. Garrett of the 53rd 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 1. Do Pass, as amended.
Respectfully submitted,
Garrett of 53rd District,
Chairman
The following bill of the House favorably reported by the committee, was read the second time :

HB 1.

By Messrs. Hand of Mitchell, Twitty of Mitchell, Smith of Emanuel and Gross of Stephens:
A bill to amend an act approved March 23, 1935, entitled "An act for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.

794

JOURNAL OF THE SENATE,

The following resolution was read:
SR 9. By Senator Pilcher of the 19th:
A resolution that said rules governing the regular session of the 19491950 Senate of the State of Georgia are hereby continued in full force and effect for this extraordinary session of the Senate of the State of Georgia.
On the adoption of the resolution, the ayes were 39, nays 0, and the resolution was adopted.

The following bill of the House was read the first time and referred to the committee:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :
A bill to amend that certain act of the General Assembly of Georgia approved March 30, 1937, and entitled "An act to repeal part 3, cigars and cigarettes, chapter 92-22, in general, of the 1933 Code of Georgia, in its entirety; and for other purposes.
Referred to Committee on Finance.
Senator Pilcher of the 19th asked unanimous consent that the Senate recess until 12:45 o'clock, and the consent was granted.
The President announced the Senate recessed until 12:45 o'clock.
The Senate reconvened at 12 :45 o'clock and resumed its regular order of business.

The following resolution of the Senate was read the first time and referred to the committee:
SR 10. By Senators LeCraw of the 52nd, Land of the 24th, Purdom of the 46th, Turner of the 34th, Zellner of the 22nd, Davis of the 27th, Roddenberry of the 3rd, Foster of the 40th, Rich of the 8th, and Ursrey of the 54th:
A resolution, the House concurring, that Budget Bureau be required to transfer from surplus account in the state treasury such sums as may be necessary and proper to fulfill the emergency needs of the state; and for other purposes.
Referred to Committee on Finance.
Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourn it stand adjourned until 9 o'clock tomorrow morning, and the consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 9 o'clock tomorrow morning.

FRIDAY, JULY 22, 1949

795

Senate Chamber, Atlanta, Georgia. Friday, July 22, 1949.

The Senate met pursuant to adjournment at 9 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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Foster Garrett Gary

Gholston Grayson Harris Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Pilcher Peterson

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Williams Zellner Wright

The following Senators did not answer to their names: Florence, Harrison, Higginbotham, Housley and Pittman.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Mr. Garrett of the 53rd District, chairman of the Committee on Finance, submitted the following report:

Mr. President:

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

HB 2. Do Pass.

SR 10. Do Pass.

Respectfully submitted, Garrett of 53rd District, Chairman

The following bill of the House, favorably reported by the committee, was read the second time:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :

796

JOURNAL OF THE SENATE,

A bill to amend that certain act of the General Assembly approved March 30, 1937, and entitled "An act to repeal part 3, cigar and cigarettes, chapter 92-22, in general, of the 1933 Code of Georgia in its entirety; and for other purposes.

The President ruled that the following resolution would not require a third reading and therefore was brought up at this time for consideration:
SR 10. By Senators LeCraw of the 52nd, Land of the 24th, Purdom of the 46th, Turner of the 34th, Zellner of the 22nd, Davis of the 27th, Roddenberry of the 3rd, Foster of the 40th, Rich of the 8th, and Ursery of the 54th:
A resolution, the House concurring, that the Budget Bureau be required to transfer from surplus account in the state treasury such sums as may be necessary and proper to fulfill the emergency needs of the state; and for other purposes.
Senator Smith of the 37th moved that the resolution be tabled.
On the motion to table Senator Land of the 24th called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows :

The following Senators voted in the affirmative:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Dykes

Garrett Gary Harris Higginbotham Housley Jones Land, 51st Layton Lunsford

McCoy Overby Pilcher Rackley Rich Saunders Smith Swint Tarver

The following Senators voted in the negative:

Daniel Davis Eve Foster Gholston Grayson
Land, 24th

LeCraw Mason Massey Peterson Purdom Roddenberry
Rowland

Sims Stark Turner Ursrey Williams Zellner

The roll call was verified.

On the motion to table, the ayes were 27, nays 20 and the resolution was tabled.

FRIDAY, JULY 22, 1949

797

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 3. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :
A bill to amend title 92 (Public Revenue) Part 9 (Income Taxes) of the Code of Georgia of 1933 as amended by an act approved March 26, 1935; and for other purposes.

The following bill was read the first time and referred to the committee:
HB 3. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :
A bill to amend title 92 (Public Revenue) Part 9 (Income Taxes) of the Code of Georgia of 1933 as amended by an act approved March 26, 1935; and for other purposes.
Referred to Committee on Finance.

The following bill of the House was read the third time and put upon its passage:
HB 1. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens:
A bill to amend an act approved March 23, 1935, entitled "An act for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.
The Committee on Finance offered the following amendment:
Amend Section 2 of HB 1 by adding at the end of Section 2 thereof and to be a portion of said section the following:
"It shall be the duty of the State Revenue Commissioner to make dilligent inquiry into each application for a license or permit to carry on the business described in this act, and to refuse to grant a retail license or permit to any applicant who is not a registered voter of Georgia; or to persons of bad character; or for other good and sufficient causes as the said commissioner may deem proper for the best interests of this state. A retail license or permit as provided for herein may be granted only to the actual owner of such business, giving preference whenever possible and practicable to those applicants who are veterans of any of the wars of the United States of America.
The amendment was adopted.

Senator Grayson of the 1st offered the following substitute:

A BILL
To be entitled an act providing for the filing of income tax returns and the payment of income taxes of all individuals in Georgia who file a

798

JOURNAL OF THE SENATE,

federal income tax return and who pay a federal income tax, fixing and prescribing the amount of tax to be paid by individuals; fixing the time of payment; directing all persons, firms and corporations paying wages or salaries to employees in Georgia to deduct from the salaries or wages paid such employees each month a withholding income tax, prescribing the amount of such withholding tax to be computed on the basis of existing federal income withholding income taxes; repealing all income tax laws relative to individuals in conflict herewith and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY AFORESAID:
SECTION 1. That from and after the passage of this act, all individuals in Georgia who file a federal income tax return shall file a copy of the same with the State Revenue Commissioner.
There is hereby levied a tax against such individuals, and to be paid by them in an amount equal to 10% of the amount said individual pays to the United States government on said return. Each individual shall pay to the State of Georgia, through the Revenue Commissioner, a prorata share of the 10% of tax paid the federal government for the remainder of the year 1949, said tax to begin accruing upon the approval of this act. All said unpaid taxes so accruing shall be paid on or before the first day of March, 1950.
SECTION 2. Be it further enacted that beginning with the year 1950 all individuals shall file with the State Revenue Commissioner on or before the 15th day of March, 1950 a copy of their federal income tax return for the preceding year 1949, and shall accompany the same by check or money order, or cash, in an amount equal to 10% of the amount of income tax paid the Federal Government for the year 1949; provided, however, each individual shall have the right to divide said payment into three parts, and to pay the same in thirds, as provided under existing law.
SECTION 3. Be it further enacted that every person, firm or corporation doing business in Georgia shall, from the salary or wages of all employees, deduct each month from said salary or wages a state income tax in an amount equal to 10% of the amount deducted by such person, firm or corporation from the salary or wages of employees for the purpose of paying income tax to the United States Government. Said employers shall certify to the State Revenue Commissioner between the first and tenth day of each month hereafter, on forms to be furnished by the State Revenue Commissioner, the names of all employees, the salaries of said employees, the amount deducted for withholding tax for the United States Government, and showing 10% of that amount as being deducted for the purpose of paying state income taxes. Said form shall be certified by the person, firm or official of the corporation deducting said withholding state income tax, and said form shall be accompanied by a certified check or money order covering the amount of taxes deducted from said employees' salary or wages for the preceding month.
SECTION 4. Be it further enacted that employees of the State of Georgia, all counties, cities, towns, educational systems, school districts, and every local subdivision of the state shall be subject to said withholding income tax, and it shall be the duty of the executive head of

FRIDAY, JULY 22, 1949

799

each government and subdivision of the state, as set forth above, to direct the proper official of said state or local government, or subdivision to make said returns and deductions, and to pay the same to the State of Georgia through the Revenue Commissioner, as set forth hereinbefore.
SECTION 5. Be it further enacted that any part of the Acts of 1929, 1931, 1933, 1935, 1937, 1937-38, 1939, 1941, 1943, 1945, 1947 and 1949 of the General Assembly of the State of Georgia relating to the filing of income tax returns and the payment of income taxes by individuals, which are, or may be, inconsistent with, or in conflict with,. the provisions of this act, as well as any paragraph or section of the Code of 1933, and the supplement thereto, from Section 92-3101 to Section 92-3317, both inclusive, relating only to the filing of income tax returns and the payment of state income taxes by individuals, be, and the same, are hereby repealed.

Senator LeCraw of the 52nd offered the following amendment to the substitute to HB 1:

Section 2 is hereby amended as follows :
By adding at the end of this section the following words:
"Failure to comply with this section shall carry a penalty of $100.00 or 90 days imprisonment, either or both, in the discretion of the court having jurisdiction."
The amendment was adopted.

On the adoption of the substitute offered by Senator Grayson the ayes were 9, nays 33, and the substitute was lost.
Senator Cochran of the 7th offered the following substitute:

A BILL
To be entitled an act to authorize the levy and collection of a General Sales Tax and a Compensation Use Tax to provide funds to meet appropriations authorized by the General Assembly, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by the authority of the same:
PART 1. SECTION 1. SHORT TITLE. This Part One of the Act shall be known and may be cited as the Sales Tax of one thousand nine hundred and forty-nine.
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 September first, one thousand nine hundred forty nine, and ending June 30th, one thousand nine hundred fiftyone in the State at this time.
The tax upon the sale of tangible personal property, except real estate, in this State is levied as a license or privilege tax for engaging or continuing in the business of a "retail" merchant as defined in this Ac\

800

JOURNAL OF THE SENATE,

Retail merchants may add to the price of merchandise, commodities or service the amount of the tax on the sale thereof, and when so added shall constitute a part of such price, shall be a debt from purchaser to merchant until paid, and shall be recoverable at law in the same manner as other debts. It is the purpose and intent of this Act that the tax levied herein on retail sales shall be added to the sales price of merchandise, commodities or services and thereby be passed on to the purchaser or consumer instead of being absorbed by the merchant.
Any retail merchant who shall, by any character of public advertisement,- offer to absorb the tax levied in this Act upon the retail sale of merchandise, or in any manner, directly or indirectly advertise that the tax herein imposed is not considered as an element in the price to the consumer, shall be guilty of a misdemeanor. Any violations of the provisions of this section reported to the Commissioner of Revenue shall be reported by the Commissioner of Revenue to the Attorney General of the State, to the end that such violation may be brought to the attention of the solicitor of the court of the county whose duty it is to prosecute misdemeanors in the jurisdiction. It shall be the duty of such solicitor to investigate such alleged violations and if he finds that this section has been violated to prosecute such violations. The provisions of this section are deemed necessary to prevent fraud and unfair trade practices, but it is the intent of the General Assembly that if one or both of such provisions be held unconstitutional and void, that such invalid provision or provisions be considered separable and that the balance of this Act be given effect.

SECTION 3. DEFINITIONS. For the purpose of this Act:
1. The word "person" shall mean any person, firm, partnership, association, corporation, estate, trust, municipal corporations and other political subdivisions of this State.
2. The word "Commissioner" shall mean the Commissioner of Revenue of the State of Georgia.
3. The word "merchant" shall include any individual, firm, corporation, domestic or foreign, estate or trust, subject to the tax imposed by this Act.
4. The words "wholesale merchant" shall mean every person who engages in the business of buying any tangible personal property and selling it to merchants for resale. For this purposes of this Act any person, firm, corporation, estate or trust engaged in the business of manufacturing, producing processing or blending any tangible personal property or maintaining a store or stores, warehouse or warehouses, or any other place or places, separate and apart from the place of manufacture or production, and selling or distributing its products to other manufacturers or producers, wholesale or retail merchants, for the purpose of resale shall be deemed a "wholesale merchant" and shall be licensed as provided in this Act for "wholesale merchants".
5. The words "wholesale sale" or "sale at wholesale" shall mean a sale of tangible personal property by a wholesale merchant to a manufacturer, producer, jobber or dealer, wholesale or retail merchant, for the purpose of resale, including admissions, electricity, gas, transportation and communication services, but does not include a sale to users or consumers not for resale. The term "wholesale sale" shall include a sale

FRIDAY, JULY 22, 1949

801

of tangible personal property to a manufacturer or producer which enters into or becomes an ingredient or component part of the tangible personal property to be sold at wholesale or retail which is manufactured or produced, or which is necessary or customary for the completion of the manufactured product for resale, and the said manufacturer or producer entitled to purchase at wholesale shall be licensed as provided in this Act for the licensing of "wholesale merchants" and/or "retail merchants".
6. The words "retail merchant" shall mean every person who engages in the business of manufacturing, producing, buying, or acquiring, by consignment or otherwise, any tangible personal property and selling at retail, including admissions, newspapers, magazines, publications, hotel rooms and facilities, electricity, gas, transportation and communication services.
7. The word "retail" shall mean the sale of any tangible personal property, not covered by sub paragraph five (5) above, in any quantity or quantities for any use or purposes on the part of the purchaser other than for resale, including admissions, newspapers, magazines, publications, hotel rooms and facilities, electricity, gas, transportation and communication services.
8. The word "sale" or "selling" shall mean any transfer of title or possession, or both, exchange, or barter of tangible personal property except real estate, conditional or otherwise, however effected and by whatever name called, for a consideration paid or to be paid, in installments or otherwise, and shall include any of said transactions whereby title or ownership is ultimately to pass notwithstanding the retention of title or possession, or both, for security or other purposes, and shall further mean and include any bailment, loan lease, rental or license to use or consume tangible personal property for a consideration paid or to be paid, in installments or otherwise, in which possession of said property passes to the bailee, borrower, lessee, or licensee: Provided, the provisions of this subsection shall not apply to the lease or rental of motion picture films used for exhibition purposes and for which a tax is paid on the total admissions for such exhibitions as provided in this Act.
9. The words "gross sales" shall mean the gross sales price at which such sales were made, whether for cash or on time, and if on time, the price charged on the books for such sales, without allowance for cash discount, and shall be 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 merchants in conformity with rates prescribed by a Federal or State regulatory body shall not be classed as gross sales.
10. "Tangible personal property" means personal property, except real estate, which may be seen, weighed, measured, felt, touched, or is in any manner perceptible to the senses, and shall include admissions, hotel rooms and facilities, newspapers, magazines, publications and electricity, gas, transportation and communication services delivered by or through wires, main lines, pipes or carriers either for commercial or domestic use or consumption.
"Tangible Personal Property", except as herein specifically provided, shall not include that class or property defined as "Intangible

802

JOURNAL OF THE SENATE,

Personal Property" by Section 92 113 of the Code of Georgia of 1933, as amended.
11. The provisions of this section shall not apply to the income from the lease or rental equipment or facilities of a person, firm or corporation whose rates are regulated by a federal or state regulatory body, when said equipment or facilities are part of the capital investment of such person, firm or corporation and leased or rented to a person, firm or corporation whose rates and operations are regulated by a federal or state regulatory body.
SECTION 4. TAXES LEVIED. If any person, after the effective date of this act, shall engage or continue in any business for which a privilege tax is imposed by this act, such person shall apply for and obtain from the commissioner, upon the payment of the sum of one dollar ($1.00) a license to engage in and conduct such business upon the condition that such person shall pay the tax accruing to the State of Georgia under the provisions of this act; and he shall thereby be duly licensed to engage in and conduct such business. The license tax levied in this section shall be a continuing license until revoked for failure to comply with the provisions of this act.
An additional tax is hereby levied for the privilege of engaging or continuing in the business of selling tangible personal property, as follows:
(a) Wholesale Merchants. Upon every wholesale merchant as defined in this act, an annual license tax of one hundred dollars ($100.00). 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 sale of any article of commerce by any "wholesale merchant" to anyone in this state other than to a licensed retail merchant of a licensed wholesale merchant for resale shall be taxable at the rate of tax provided in this act upon the retail sale of merchandise. In the interpretation of this act the sale of any article of commerce by any "wholesale merchant" to anyone other than a wholesale merchant, not taxable under this act as a "retail merchant", except as otherwise provided in this act, shall be taxable by the wholesale merchant at the rate of tax provided in this act upon the retail sale of merchandise. The Commissioner of Revenue is authorized to make appropriate regulations, consistent with this act to prevent abuse with respect to existing regulations defining these transactions.
The sale of any article of commerce by a "wholesale merchant" to a "wholesale merchant" for resale shall not be taxable as a retail sale.
(b) Retail Merchants. Upon every retail merchant and upon every wholesale merchant selling at retail, as defined in this act, a tax of three per cent (3%) of the total gross retail sales of the business of every such merchant.
(c) Motor Vehicles. In addition to the taxes levied in any other law, there is hereby levied and imposed upon every person, a tax of three per cent (3 o/o) of the net sales price (which is the sales or purchase price less trade-in value of used motor vehicle) of a new or used motor vehicle purchased or acquired after the effective date of this act. The tax on motor vehicles requiring registration thereof under the motor

FRIDAY, JULY 22, 1949

803

vehicle laws of this state shall be paid to the Commissioner of Revenue at the time of applying for certificate of title or registration of such motor vehicle. No certificate of title or registration plate shall be issued for same unless and until said tax has been paid: Provided, however, if such person, so applying for certificate of title or registration and license place for such motor vehicle shall furnish to the Commissioner of Revenue a certificate from a motor vehicle dealer licensed to do business in this state upon a form furnished by the commissioner certifying that such person has paid the tax levied in subsection (b) of this section, the tax herein levied shall be remitted to such person to avoid in effect double taxation on said motor vehicle under this act. The term "motor vehicle" as used in this section shall include trailers, trucks, and farm implements.
SECTION 5. EXEMPTIONS. There shall be no exemptions except as follows:
(a) Sales by licensed wholesale manufacturers or producers of their own manufactured products when sold to other licensed wholesale 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 subsection shall not extend to or include sales by manufacturers or producers of their own manufactured products when sold to users or consumers and not for the purpose of resale and such sales shall be subject to the tax on retail sales levied in this act.
(b) 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.
(c) Accounts of purchasers, representing taxable sales, on which the tax imposed by this act has been paid, that are found to be worthless and actually charged off for income tax purposes, may at corresponding periods, be deducted from gross sales insofar as they represent taxable sales made after September first, one thousand nine hundred forty-nine, and to be added to gross sale if afterwards collected.
(d) Sales of used articles, exclusive of motor vehicles, taken in trade, or a series of trades, as a credit or part payment on the sale of a new article, provided the tax levied on this article is paid on the full gross sales price of the new article. In the interpretation of this subsection, new articles shall be taken to mean the original stock in trade of the merchant, and shall not be limited to newly manufactured articles. The resale of articles repossessed by the vendor shall likewise be exempt from gross sales taxable under this act.
(e) For the purpose of this act, sales of fertilizer 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 on wholesalers as provided in this act. Sales, to manufacturing industries and plants who are licensed as provided in this act for "wholesale merchants", or equipment, mill machinery or mill machinery parts and accessories incident to manufacturing and sales of equipment for capital investment and repair supplies therefor, to be used in the production or furnishing of service by public utilities or carriers whose rates are regulated under federal or state laws, are classified as wholesale sales and said purchasers shall be licensed as provided in this act for "wholesale merchants" restricted to the above purposes, which shall be stated on the said license.

804

JOURNAL OF THE SENATE,

All sales of tractors or farm machinery 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 fee on wholesalers as provided in this act.
(f) Sales of water processed by municipal corporations or other political subdivisions of this state.
(g) Sales of products of farms, forests, mines and waters when such sales are made by the producers in their original or unmanufactured state.
SECTION 6. BILL OF SALE AND RECORDS. Every merchant selling merchandise to other merchants for resale shall deliver to the customer a bill of sale for each sale of merchandise, whether sold for cash or on credit and to make and retain a duplicate or carbon copy of each such bill of sale, and to keep a :file of all such duplicate bills of sale for at least three years from date of sale, or until inspected and audited by a representative of the Department of Revenue. Each sale to a person, :firm or corporation in Georgia not licensed as a retail or wholesale merchant as provided in this act, and on each sale for which no bill of sale is available for checking purposes, the sale shall be subject to the rate levied in this act upon retail sales and the seller shall be liable for the payment of the tax.
Unless records as above provided are kept and if such monthly reports as are required by the Commissioner of Revenue are not made, in such manner as will accurately disclose separate accounting of sales of taxable and non-taxable merchandise and in such form as may be accurately and conveniently checked by the representatives of the Department of Revenue, it shall be the duty of the commissioner or his agents to assess a tax upon the total gross sales at the rate levied upon retail sales and if records are not kept showing total gross sales, it shall be the duty of the commissioner or his agents to assess a tax upon an estimation of sales upon the best information obtainable.
SECTION 7. TAXES PAYABLE, FAILURE TO MAKE RETURN: DUTY AND POWER OF COMMISSIONER:
The taxes levied in this article shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues. Every licensed retail and wholesale merchant and every taxpayer liable for the tax imposed by this act shall, on or before the twentieth day of the month, make out or prepare a return on blank report forms furnished by the Commissioner of Revenue, showing the total gross sales, the sales made at wholesale or exempted from tax with such detail as may be required by the Commissioner of Revenue, the net taxable sales, the amount of tax covering the taxable sales in the preceding month, and shall mail the same, together with the remittance for 99% of the amount of the tax due, to the commissioner. Each monthly return shall be signed by the taxpayer or a duly authorized agent of the taxpayer. The 1% of the tax to be retained by the taxpayer liable for payment of the tax shall be an allowance to the taxpayer to cover the cost of collection of the tax on behalf of the state.
(a) Delayed Returns. If a delinquent return or a return without remittance for the amount of tax shown to be due is received by the commissioner or his duly authorized agents, the taxpayer shall be assessed with a :five per centum penalty plus interest at one-half of one per cent

FRIDAY, JULY 22, 1949

805

per month from the date the tax was due. The penalty provided in this subsection shall not be less than one dollar ($1.00) .
(b) Failure to make Returns. If the taxpayer shall fail to make or refuse to make the returns required under this act, then such returns shall be made by the commissioner or his duly authorized agents from the best information available, and such returns shall be prima facie correct for the purposes of this act and the amount of tax due thereby shall be a lien against all the property of the taxpayer until discharged by payments and if payment not be made within thirty days after demand therefor by the commissioner or his duly authorized agents, there shall be added not more than one hundred per centum as damages, together with interest at the rate of one per centum per month from the time such tax was due. If such tax be paid within thirty days after notice by the commissioner, then there shall be added not more than ten per centum as damages, and interest at the rate of one per centum per month from the time such tax was due until paid.
(c) Not to Issue Certificate of Title or License. As an additional means of enforcement of the payment of the tax herein levied the Department of Revenue shall not issue a certificate of title of a license plate for any new or used motor vehicle sold after September 1, 1949 by any merchant or dealer licensed to do business in this state, until the tax levied for the sale of same in this act has been paid, or a certificate, duly signed by a dealer licensed to do business in this state, is filed at the time the application for title or license plate is made for such motor vehicle; such certificate to be on such form as may be prescribed by the Commissioner of Revenue and that such certificate shall show that the said license dealer has assumed the responsibility for the payment of the tax levied under this act and agrees to report and remit the tax in his next regular monthly sales tax report required to be filed under this act.
SECTION 8. CREDIT SALES. Any person taxable under this act having cash and credit sales may report such cash and credit sales separately, and upon making application therefor, may obtain from the commissioner an extension of time for the payment of taxes due on such credit sales. Such extension shall be granted under such rules and regulations as the commissioner may prescribe. When such extension is granted, the taxpayer shall thereafter include in each monthly report all collections made during the month next preceding and shall pay taxes due thereon at the time of filing such report.
SECTION 9. THE COMMISSIONER SHALL PROVIDE FORMS. The monthly returns required under this act shall be made upon forms to be prescribed and provided by the commissioner.
SECTION 10. THE COMMISSIONER MAY EXTEND TIME. The Commissioner for good cause may extend the time for making any return required under the provisions of this act, and may grant such additional time within which to make such return as he may deem proper, but the time for filing any such return shall not be extended beyond the twentieth day of the month next succeeding the regular due date of such return. If the time for filing a return be extended, interest at the rate of one-half of one per centum per month from the time the return was required to be filed to the time of payment, shall be added and paid.
SECTION 11. COMMISSIONER TO CORRECT ERROR. As soon

806

JOURNAL OF THE SENATE,

as practicable after the return is filed, the commissioner shall examine it; if it then appears that the correct amount of tax is greater or less than that shown on the return, the tax shall be recomputed.
Excessive Payments. (a) If the amount already paid exceeds that which should have been paid, on the basis of the tax so recomputed, the excess shall be credited or refunded to the taxpayer in accordance with the provisions of this act.
Deficiency of Amount. If the amount already paid is less than the amount which should have been paid, the difference to the extent not covered by any credits under this act, together with interest thereon at the rate of one-half per centum per month from the time the tax was due, shall be paid upon notice and demand by the commissioner.
(c) If any part of the deficiency is due to negligence or intentional disregard to authorized rules and regulations, with the knowledge thereof, but without intent to defraud, there shall be added as damages ten per centum of the total amount of the deficiency in the tax, and interest in such a case shall be collected at the rate of one per centum per month of the amount of such deficiency in the tax from the time it was due, which interest and damages shall become due and payable upon notice and demand by the commissioner, provided, however, in the absence of fraud, no assessments authorized by this act shall extend to sales made more than three (3) years prior to the date of assessment; and in cases where an audit shall have been made under the direction of the Commissioner of Revenue any assessment in respect to such audit shall be made within one year after the completion of the audit.
(d) If any part of the deficiency is due to fraud with intent to evade the tax, then there shall be added as damages not more than one hundred per centum of the total amount of the deficiency in the tax, and in such case the whole amount of tax unpaid, including charges so added, shall become due and payable upon notice an ddemand by the commissioner and an additional one per centum per month on the tax shall be added from the date such tax was due until paid.
(e) If the amount already paid is less than the amount which should have been paid, the commissioner or his duly authorized agents shall notify the taxpayer of the balance due, plus such interest and damages as are set forth in subsections just preceding, and if this total amount is not paid or no appeal is taken within thirty days from the date of notice, such action shall be considered as a refusal on the part of the taxpayer to make a return, and the taxpayer shall be subject to such penalties or provisions as are provided in this act for failure to make a return.
If any taxpayer, subject to the provisions of this act, goes into bankruptcy, receivership, or turns over his stock of merchandise by voluntary transfer to creditors, the tax liability under this act shall constitute a prior lien on such stock of merchandise, subject to execution, and it shall be the duty of the transferee in any such case to retain the amount of tax due from the first sales from such stock of merchandise and to pay same to the Commissioner of Revenue.
SECTION 12. TAXPAYER MUST KEEP RECORDS. It shall be the duty of every person engaging or continuing in this state in any business for which a privilege tax is imposed by this act to keep and preserve suitable records of the gross income, gross receipts and/or

FRIDAY, JULY 22, 1949

807

gross receipts of sales of such business, and such other books or accounts as may be necessary to determine the amount of tax for which he is liable under the provisions of this act. It shall be the duty of every such person to keep and preserve, for a period of three years, all invoices of goods and merchandise purchased for resale, and all such books, invoices, and other records shall be open for examination at any time by the commissioner or his duly authorized agent.
SECTION 13. TAX SHALL BE LIEN. The tax imposed by this act shall be a lien upon the stock of goods and/or other property of any person subject to the provisions hereof who shall sell out his business or stock of goods, or shall quit business and such person shall be required to make out the return provided for in this act within thirty days after the date he sold out his business or stock of goods, or quit business, and his successor in business shall be required to withhold sufficient of the purchase money to cover the amount of said taxes due and unpaid until such time as the former owner shall produce a receipt from the commissioner showing that the taxes have been paid, or a certificate that no taxes are due. If the purchaser of a business or stock of goods shall fail to withhold purchase money as above provided, and the taxes shall be due and unpaid after the thirty-day period allowed, he shall be personally liable for the payment of the taxes accrued and unpaid on account of the operation of the business by the former owner.
SECTION 14. AGGRIEVED PERSON MAY FILE A PETITION. If any person having made the return and paid the tax as provided by this act, at any time within three years from the time of payment of the tax, feels aggrieved by the assessment made upon him by the commissioner, or in the absence of a report, if an assessment has been made by the commissioner under the provisions of this act, the taxpayer may apply to the commissioner by petition, in writing, within thirty days after the notice is mailed to him, for a hearing and a correction of the amount of the tax so assessed upon him by the commissioner, in which petition he shall set forth the reasons why such hearing should be granted and the amount in which such tax should be reduced. The commissioner shall promptly consider such petition, and may grant such hearing or deny the same. If denied, the petitioner shall be forthwith notified thereof; if granted, the commissioner shall notify the petitioner of the time and place fixed for such hearing. After such hearing the commissioner may make such order, in the matter as may appear to him just and lawful and shall furnish a copy of such order to the petitioner. Any person improperly charged with any tax and required to pay the same may recover the amount paid, together with interest at the rate of 6% per annum, in any proper action or suit against the commissioner, and the Superior Court of the county in which the taxpayer resides or is located shall have original jurisdiction of any action to recover any tax improperly collected. In any suit to recover taxes paid or to collect taxes, the court shall adjudge costs to such extent and in such manner as may be deemed equitable.
In the event a final judgment is rendered in favor of the taxpayer in a suit to recover illegal taxes, then it shall be the duty of the State Auditor, upon receipt of a certified copy of such final judgment, to issue a warrant directed to the State Treasurer in favor of such taxpayer to pay such judgment, interest and costs. It shall be the duty of the State Treasurer to honor such warrant and pay such judgment out of any funds in the State Treasury.

808

JOURNAL OF THE SENATE,

No injunction shall be awarded by any court or judge to restrain the collection of the taxes imposed by this act or to restrain the enforcement of this act.
SECTION 15. FI FA FOR COLLECTION OF TAX: TAX SHALL CONSTITUTE DEBT DUE STATE. If any tax imposed or any portion of such tax be not paid within thirty days after the same becomes due, the Commissioner shall proceed to enforce the payment of such tax in the manner provided by law.
SECTION 16. ADDITIONAL TAX. The tax imposed by this act shall be in addition to all other licenses and taxes levied by law as a condition precedent to engaging in any business taxable hereunder, except as in this act otherwise specifically provided. But no county, municipality, or district shall be authorized to levy any tax by virtue of the provisions of this act.
Remittances, How Made. All remittances of taxes imposed by this act shall be made to the commissioner by bank draft, checks, cashier's check, money order, or money, who shall issue his receipts therefor to the taxpayer, when requested, and shall deposit daily all moneys received as required by law for other taxes: Provided, no payment other than each shall be final discharge of liability for the tax herein assessed and levied unless and until it has been paid in cash to the commissioner.
The commissioner shall pay all funds collected into the general fund of the state treasury and shall keep full and accurate records of all moneys received by him, and how disbursed; and shall preserve all returns filed with him under this act for a period of three years.
SECTION 17. LETTERS IN REPORT NOT TO BE DIVULGED. Unless in accordance with the judicial order or as herein provided, the State Department of Revenue, its agents, clerks or stenographers, shall not divulge the gross income, gross proceeds of sales, or the amount of tax paid by any person as shown by the report filed under the provisions of this act except to members and employees of the State Department of Revenue, for the purpose of checking, comparing, and correcting returns, or to the Governor, State Auditor, or to the Attorney General, or any other legal representative of the state in any action in respect to the amount of tax due under the provisions of this act.
SECTION 18. UNLAWFUL TO REFUSE TO MAKE RETURNS: PENALTY. It shall be unlawful for any person to fail or refuse to make the return provided to be made in this act, or to make any false or fraudulent return or false statement in any return of this tax, or any part thereof, imposed by this act; or for any person to aid or abet another in any attempt to evade the payment of the tax, or any part thereof, imposed by this act; or for the president, vice president, secretary or treasurer of any company to make or permit to be made for any company or association any false return, or any false statement in any return required by this act, with the intent to evade the payment of any tax hereunder; or for any person to fail or refuse to permit the examination, of any book, paper, account, record, or other dates by the commissioner or his duly appointed agent, as required by this act, or to fail or refuse to permit the inspection or appraisal of any property by the commissioner or his duly appointed agent, or to refuse to offer testimony or produce any records required in this act. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and on conviction

FRIDAY, JULY 22, 1949

809

thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned not exceeding six months, or punished by both such fine and imprisonment, at the discretion of the court within the limitations aforesaid. In addition to the foregoing penalties, any person who shall knowingly swear to or verify any false or fraudulent statement, with the intent aforesaid, shall be guilty of the offense of perjury, and on conviction therefor, shall be punished in the manner provided by law. Any company for which a false return shall be made or a return containing a false statement as aforesaid, shall be guilty of a misdemeanor, and may be punished by a fine of not more than one thousand dollars ($1,000.00).
SECTION 19. COMMISSIONER TO MAKE REGULATIONS. The commissioner shall from time to time promulgate such rules and regulations not inconsistent with this act for making returns and for the ascertainment, assessment, and collection of the tax imposed hereunder as he may deem necessary to enforce its provisions, and upon request shall furnish any taxpayer with a copy of such rules and regulations. Provided, however, in order to promote economy and efficiency in the administration of this act and the administration of the income tax act now in force and effect, the Commissioner of Revenue is hereby directed . to coordinate the adimnistration of this act with the administration of the income tax act. No person shall be employed by the Commissioner of Revenue to check the records of the taxpayers for the payment of the taxes levied in this act unless the employee is qualified to check the records of the taxpayer for both income and sales tax purposes. The purpose of this directive being to prevent different agents of the department from checking the same records of the taxpayers for different purposes. In the administration of this act and the income tax act, the checking of the returns and taxpayers shall be coordinated at all times and the returns for income tax and the returns for sales tax shall at all times be checked with and against each other. Any expenditure made by the Commissioner of Revenue for salaries and expenses of employees to check the records of the taxpayers in violation of these provisions shall be a liability against the bond of the Commissioner of Revenue.
SECTION 20. COMMISSIONER OR AGENT MAY EXAMINE BOOKS, ETC. The commissioner, or his authorized agent, may examine any books, papers, records or other data bearing upon the correctness of any return, or for the purpose of making a return where none has been made, as required by this act, and may require the attendance of any person and take his testimony with respect to any such matter, with power to administer oaths to such person or persons. If any person summoned as a witness shall fail to obey such summons to appear before the commissioner or his authorized agent, or shall refuse to testify or answer any material question or to produce any book, record, paper, or other data when required to do so, such failure or refusal shall be reported to the Attorney General or the Solicitor General, who shall thereupon institute proceedings in the Superior Court of the county where such witness resides to compel obedience to any summons of the commissioner, or his authorized agent. Officers who serve summonses or subpoenas, and witnesses attending, shall receive like compensation as officers and witnesses in the Superior Courts, to be paid from the proper appropriation for the administration of this act.
SECTION 21. EXCESS PAYMENTS: REFUND. If upon examination of any monthly return made under this act it appears that an amount of tax has been paid in excess of that properly due, then the

810

JOURNAL OF THE SENATE,

amount in excess together with interest at the rate of 6% per annum shall be credited against any tax or installment thereof then due from the taxpayer, under any other subsequent monthly return, or shall be refunded to the taxpayer by certificate of overpayment issued by the commissioner to the State Auditor and the auditor shall issue his warrant on the treasurer, which warrant shall be payable out of any funds appropriated for that purpose.
SECTION 22. TAX ON BUILDING MATERIALS. There is hereby levied and there shall be collected from every person, firm or corporation, an excise tax of three per cent of the purchase price of all tangible personal property purchased or used which shall enter into or become a part of any building or any other kind of structure in this state, including all materials, supplies, fixtures and equipment of every kind and description which shall be annexed thereto or in any manner become a part thereof, except rough and dressed lumber (but not mill work), brick or hollow tile, sand, gravel, crushed stone, rock and granite.
The provisions of this section shall not apply:
(a) In respect to the use of any such article of tangible personal property, the sale or use of which has already been subjected to a tax equal to or in excess of that imposed by this section, whether under the laws of this state or of some other state or territory of the United States: Provided, that if the tax imposed on the sale or use of such tangible personal property imposed by other laws on the sale or use of such property is less than the tax imposed by this section, the provisions of this section shall apply, but at a rate measured by the difference between the rate herein fixed and the rate by which the previous tax upon the sale or use of such property was computed.
(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.
Every person liable for the tax imposed by this section shall report to the Commissioner of Revenue and pay the taxes herein levied in accordance with the provisions of this act, and shall be liable for all penalties and shall be subject to all of the provisions of this act. The provisions of this act relating to the administration of this act, auditing of returns and as to the authority and powers of the commissioner to make rules and regulations for the administration of this act, shall be deemed and taken as a part of this section. The definitions of terms contained in this act shall be treated as definitions applicable to this section.
The taxes levied in this section shall be levied against the purchaser of the article named. If purchases of building materials that are not exempt from tax are made by a contractor there shall be joint liability for the tax against both contractor and owner, but the liability of the owner shall be satisfied if affidavit is required of the contractor, and furnished by him, before final settlement is made, showing that the tax herein levied has been paid in full.
(c) A receipt given by a retail merchant maintaining a place of business in this state, showing thereon that the retail sales tax imposed by this act will be paid by such retail merchant on the articles of com-

i -i
14~
~" ; X"
-~

FRIDAY, JULY 22, 1949

811

merce included within said purchase, shall be sufficient to relieve the purchaser from further liability for tax imposed by this section: Provided, further, that the commissioner may, by rule and regulation, provide that a similar receipt from a retailer who does not maintain a place of business in this state shall also be sufficient to relieve the purchaser of further liability for the tax to which such receipt may refer.
The term "retail merchant", as used in this subsection, shall include wholesalers, jobbers, manufacturers, or their agents, selling taxable building materials for use or consumption in this state to others than merchants for resale.
SECTION 23. RULES AND REGULATIONS. That in order that fair trade practices may be encouraged and any deleterious effect of the retail sales of tax levy may be minimized, the Commissioner of Revenue is empowered and directed to devise, promulgate and enforce regulations under which retail merchants shall collect from the consumers, by rule uniform as to classes of business, the sales tax levied upon their business by this act: Provided, that the Commissioner of Revenue shall have the power to change the regulations and methods under which the merchants shall collect the tax from the consumers, from time to time, as experience may prove expedient and advisable. Methods for the passing on by merchants to their customers the retail sales tax on sales to said customers may include plans which require both more and less than the prescribed rate of the tax on the sale price, the purpose being to enable the merchant to collect approximately the amount of the tax imposed on their total sales volume. The Commissioner of Revenue is hereby authorized and empowered to make and adopt rules and regulations requiring merchants to use tokens or stamps, or other means, if found to be practical, which may be determined by the commissioner to provide a method whereby the amount of tax collected by the merchants from the customer shall be as nearly as possible the prescribed rate of the tax on each purchase.
To avoid the use of tokens or stamps the Commissioner of Revenue may prescribe that the retail merchants shall pay the 3% tax levied in this act, but that the merchant may, (a) on each sale of 9c (nine cents) or less, not collect the tax levied herein; (b) on each sale of lOc ( ten cents) to 30c (thirty cents) the merchant may collect a tax of lc in lieu of the 3% tax levied herein; (c) on each sale of 31c (thirty-one cents) to 70c (seventy cents) the merchant may collect a tax of 2c in lieu of the 3% tax levied herein; (d) on each sale of 71c (seventy-one cents) to $1.05 (one dollar, five cents) the merchant may collect 3c in lieu of the 3% tax levied herein; (e) on each sale of $1.06 (one dollar, six cents) or more the tax shall be levied at the rate of 3% as provided in this act. Provided, further that the licensed retail merchant, may in computing the taxes herein levied compute same to the nearest cent, provided however, that nothing in this section shall exempt the retail merchant from paying the tax at the rate heretofore levied.
Such regulations as herein authorized shall be promulgated by the Commissioner of Revenue to become effective after reasonable notice to the retail merchants and when so promulgated they shall have the full force and effect of law. Any merchant who violates such rules and regulations shall be guilty of a misdemeanor and upon conviction shall be fined not less than five ($5.00) dollars nor more than five hundred ($500.00) dollars or be imprisoned for not more than six months, or be both fined and imprisoned in the discretion of the court: Provided,

812

JOURNAL OF THE SENATE,

however, that every such violation shall be a separate offense hereunder. It shall be the duty of the solicitors of the several judicial circuits of the state to prosecute violations of this act.
SECTION 24. TAX ON CONSIGNED PRODUCTS. Any manufacturer of products, or the agent of such manufacturer, who consigns any product to any person, firm or corporation other than a licensed wholesale or retail merchant in the State of Georgia shall be liable for and pay to the State of Georgia a tax of three per cent (3%) upon the gross retail sales price of merchandise so consigned and/or sold: Provided, such manufacturers shall be entitled to a refund or credit for taxes paid on such consigned goods as are returned by the consignee to said manufacturers.
REGISTRATION OF MANUFACTURERS. (a) It shall be unlawful for any person, firm or corporation other than a licensed wholesale or retail merchant in the State of Georgia to consign, possess or use any article upon which the tax provided for in section preceding is payable, or for any consignee to sell such product, unless the manufacturer thereof is registered with the Commissioner of Revenue of the State of Georgia for payment of said tax.
Reports. (b) The Commissioner of Revenue shall have authority to require a report, at such times as he may require, from every person, firm or corporation manufacturing products, or from the agent of any such manufacturer, of the names and addresses of all consignors, others than licensed merchants, to whom consignment of such merchandise is made.
Violators with Redress. (c) The consignor shall not have the right to sue in any court of law in this state for the collection of moneys resulting from the sale of merchandise sold in violation of this act.
Violation a Misdemeanor. (d) Any person convicted for the violation of this section shall be guilty of a misdemeanor and subject to a fine of not exceeding one hundred dollars ($100.00) or imprisoned for not exceeding thirty days or both fine and imprisonment in the discretion of the court.

PART II
SECTION 1. SHORT TITLE. This part two of the Act shall be known and may be cited as the "Compensating Use Tax Act."
SECTION 2. DEFINITIONS. The following words, terms, and phrases when used in this act have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(a) "Storage" means and includes any keeping or retention in this state for any purpose except sale in the regular course of business of tangible personal property purchased from a retailer.
(b) "Use" means and includes the exercise of any right or power or dominion whatsoever over tangible personal property by a purchaser thereof and includes, but is not limited to, any withdrawal from storage, installation, affixation to real or personal property, exhaustion or consumption of tangible personal property by the owner or purchaser thereof, but shall not include the sale of tangible personal property in the regular course of business.

FRIDAY, JULY 22, 1949

813

(c) The word "sale" or "selling" shall mean any transfer of title or possession, or both, exchange, or barter of tangible personal property, conditional or otherwise, however affected and by whatever name called, for a consideration paid or to be paid, in installments or otherwise, and shall include any of said transactions whereby title or ownership is ultimately to pass notwithstanding the retention of title or possession, or both, for security or other purposes, and shall further mean and include any bailment, loan, lease, rental or license to use or consume tangible personal property for a consideration paid or to be paid, in installments or otherwise, in which possession of said property passes to the bailee, borrower, lessee or licensee. Provided, that the provisions of Section 3, Part I, paragraph 11 shall be applicable to this section.
(d) "Purchase" means the buying of, giving an order for, or offering to buy tangible personal property as a result of which there occurs a sale or delivery of tangible personal property by a retailer to a person for the purpose of storage, use, or consumption in this state, and includes the procuring of a retailer to erect, install, or apply tangible personal property for use in this state.
(e) "Sales Price" means the total amount for which tangible personal property is sold, including all cost of transportation or delivery to the purchaser, whether paid by the purchaser to the retailer or to the carrier, and any services that are a part of the sale, valued in money, whether paid in money or otherwise, and includes any amount for which credit is given to the purchaser by the seller, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service cost, interest charges, losses, or any other expenses whatsoever; Provided, however, that the cost for labor or services rendered in erecting, installing, or applying property sold shall not be included as a part of the sales price; Provided, further, that where a manufacturer, producer or contractor erects, installs, or applies tangible personal property for the account of or under contract with the owner of realty or other property, the sales price shall be the fair market value of such property at the time and place of sale.
(f) "Person" means and includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate or any other group of combination acting as a unit, and the plural as well as the singular number.
(g) "Retailer" means and includes every person engaged in the business of making sales of tangible personal property, or peddling the same, or soliciting or taking orders for sales, whether for immediate or future delivery, for storage, use or consumption in this state, and every manufacturer, producer, or contractor engages in business in this state and selling, delivering, erecting, installing, or applying tangible personal property for use in this state notwithstanding that said property may be permanently affixed to a building or to realty or to other tangible personal property; Provided, however, that when in the opinion of the commissioner it is necessary for the efficient administration of this act to regard any salesmen, solicitors, representatives, consignees, peddlers or canvassers as agents of the dealers, distributors, consignors, supervisors, principals or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, consignors, supervisors, principals, or employers, the commissioner may so regard them and may regard the dealers, dis-

814

JOURNAL OF THE SENATE,

tributors, consignors, supervisors, principals, or employers as retailers for purposes of this act.
(h) "Commissioner" means Commissioner of Revenue of the State of Georgia.
(i) "Tangible personal property" means personal property, except real estate, which may be seen, weighed, measured, felt, touched, or is in any manner perceptible to the senses, and shall include admissions, hotel rooms and facilities, newspapers, magazines, publications and electricity, gas, transportation and communication services delivered by or through wires, main lines, pipes or carriers, either for commercial or domestic use or consumption.
"Tangible Personal Property", except as herein specifically provided, shall not include that class of property defined as "Intangible Personal Property", by Section 92-113 of the Code of Georgia of 1933, as amended.
(j) "Engaged in business in this state" shall mean the selling or delivering in this state or any activity in this state in connection with the selling or delivering in this state of tangible personal property for storage, use, or consumption in this state, and includes, but is not limited to, any of the following acts or methods of transacting business. Maintaining, occupying or using, permanently or temporarily, directly, indirectly, or through a subsidiary or agent by whatever name called, any office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business, or permanently or temporarily, through a subsidiary, having any representative, agent, salesman, canvasser, or solicitor operating in the state selling or delivering, and the fact that any corporate retailer, agent or subsidiary, engaged in business in this state, may not be legally domesticated or qualified to do business in this state, shall be immaterial.
(k) "In this state" or "in the state" means within the exterior limits of the State of Georgia, and includes all territory within such limits owned by or deeded to the United States of America.
SECTION 3. TAXES LEVIED. An excise tax is hereby levied and imposed on the storage, use or consumption in this state of tangible personal property purchased from a retailer within or without this state on or after July 1, 1949, for storage, use or consumption in this state at the rate of three per cent of the sales price of such property, regardless of whether said retailer is or is not engaged in business in this state.
Where a retail sales tax has already been paid with respect to said property in this state by the purchaser thereof, then the amount of said tax shall be credited upon the tax imposed by this section.
Every person storing, using or otherwise consuming in this state tangible personal property purchased or received from a retailer either within or without this state shall be liable for the tax imposed by this act, and the liability shall not be extinguished until the tax has been paid to this state: Provided, however, that a receipt from a registered retailer engaged in business in this state given to the purchaser in accordance with the provisions of this act shall be prima facie sufficient to relieve the purchaser from further liability for the tax to which such receipt may refer, and the liability of the purchaser shall be extinguished upon payment of the tax by any retailer from whom he has purchased sai dproperty.

FRIDAY, JULY 22, 1949

816

SECTION 4. EXEMPTION. The storage, use or consumption in this state of the following tangible personal property is hereby specifically exempted from the tax imposed by this act.
(a) Tangible personal property expressly specified and exempted from the retail sales tax imposed by part I of this act.
(b) Tangible personal property, the sale of which is classified as a wholesale sale under the provisions of part I of this act.
(c) Tangible personal property, the storage, use or consumption of which is exempt from taxation under the constitution of Georgia and the constitution of the United States.
(d) Tangible personal property purchased or acquired prior to coming into this state and brought into this state by a person, a nonresident thereof for his, her, its or their own use or enjoyment while temporarily in this state.
SECTION 5. REGISTRATION. Every retailer, engaged in business in this state, except those registered under part I of this act, who shall thereby be deemed to be registered under this act, selling or delivering tangible personal property for storage, use or consumption in this state shall within thirty days after the effective date of this act register with the commissioner and give the name and address of all agents operating in this state and the counties in this state in which they operate, the location of any and all distribution or sales houses or offices or other places of business in this state, the number, location and place of use of all motor vehicles, motorcycles, or other vehicles or conveyances used or operated in this state by said retailer or in the business of said retailer, or for or under the authority of or under contract with or license from said retailer, and such other information as the commissioner may require.
SECTION 6. RETAILERS TO COLLECT TAX FROM PURCHASERS. Every retailer engaged in the business of selling or delivering or taking orders for the sale or delivery of tangible personal property for storage use, or consumption in this state shall at the time of selling or delivering or taking an order for the sale or delivery of said tangible personal property or collecting the sales price thereof, add to the sales price of such tangible personal property the amount of the tax on the sale thereof, or any part thereof and when so added said tax shall constitute a part of such price, shall be a debt from the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as other debts. Said tax shall be stated and charged separately from the sales price and shown separately on the retailer's sales records, and shall be paid by the purchaser to the retailer as trustee for and on account of the state, and the retailer shall be liable for the collection thereof and for its payment to the commissioner, and the retailer's failure to charge to or collect said tax from the purchaser shall not affect such liability. It is the purpose and intent of this act that the tax herein levied and imposed shall be added to the sales price of tangible personal property when sold at retail and thereby be borne and passed on to the purchaser instead of being absorbed by the retailer.
Any retailer who shall by any character or public advertisement offer to absorb the tax levied in this act or in any manner, directly or indirectly, advertise that the tax herein imposed is not considered as an element in the price to the purchaser, shall be guilty of a misdemeanor.

816

JOURNAL OF THE SENATE,

Any violations of the provisions of this section reported to the Commissioner of Revenue shall be reported by him to the Attorney General of the state to the end that such violation may be brought to the attention of the solicitor of the court of the county whose duy it is to prosecute misdemeanors in the jurisdiction. It shall be the duty of such solicitor to investigate such alleged violations and if he finds that this section has been violated, prosecute such violators in accordance with the law.
Every retailer engaged in business in this state, as defined in this act, shall collect said tax notwithstanding (a) that the purchaser's order or the contract of sale is delivered, mailed, or otherwise transmitted by the purchaser to the retailer at a point outside of this state as a result of solicitation by the retailer through the medium of a catalog or other written advertisement, or (b) that the purchaser's order of the contract of sale is made or closed by acceptance or approval outside of this state or before said tangible personal property enters this state, or (c) that the purchaser's order or the contract of sale provides that said property shall be, or it is in fact, procured or manufactured at a point outside of this state and shipped directly to the purchaser from the point of origin, or (d) that said property is mailed to the purchaser in this state from a point outside this state or delivered to a carrier at a point outside this state, F .O.B. or otherwise, and directed to the purchaser in this state, regardless of whether the cost of transportation is paid by the retailer or by the purchaser, or (e) that said property is delivered directly to the purchaser at a point outside this state, if it is intended to be brought to this state for storage, use, or consmuption in this state, provided that in the event of direct delivery to the purchaser at a point outside of this state the tax imposed by this act shall be credited with any retail sales tax lawfully imposed and paid with respect to said property in the state where such delivery occurred, or (f) any combination, in whole or in part, of any two or more of the foregoing states of fact.
SECTION 6. TAXES PAYABLE: WHEN RETURNS ARE TO BE FILED BY RETAILER.
The tax imposed by this act shall be due and payable to the commissioner monthly on or before the fifteenth day of the month next succeeding the month in which the tax accrues. Every retailer engaged in business in this state shall, on or before the fifteenth day of the month following the month in which the tax accrues, file with the commissioner a return for the preceding month, in such form as may be prescribed by the commissioner, showing the total sales price of the tangible personal property sold and/or delivered by the retailer during such preceding month, the storage, use of consumption of which is subject to the tax imposed by this act, and such other information as the commissioner may deem necessary for the proper administration of this act. The return shall be accompanied by a remittance of the amount of tax herein required to be paid by the retailer during the month covered by the return. Returns shall be signed by the retailer or his duly authorized agent but need not be verified by oath.
SECTION 7. TAXES PAYABLE: WHEN RETURNS ARE TO BE FILED BY PURCHASER.
The Commissioner of Revenue shall have authority to require every person storing, using or consuming tangible personal property in this state to file with the commissioner a return for the preceding month in such form as may be prescribed by him showing the total sales price of

FRIDAY, JULY 22, 1949

817

the tangible personal property purchased or received by such person during such preceding month, the storage, use of consumption of which is subject to the tax imposed by this act, and such other information as the commissioner may deem necessary for the proper administration of this act. The return shall be accompanied by a remittance of the amount of tax herein imposed during the month covered by the return. Returns shall be signed by the person liable for the tax or his duly authorized agent but need not be verified by oath.
No return or report shall be required under this section, however, of any person storing, using, or consuming tangible personal property purchased from a registered retailer engaged in business in this state to whom said person has paid the tax imposed by this act.
SECTION 8. SALES PRESUMED TO BE FOR STORAGE, USE OR CONSUMPTION.
For the purpose of the proper administration of this act and to prevent evasion of the tax and the duty to pay the same herein imposed, it shall be prima facie presumed that tangible personal property sold by any person for delivery in this state, however, made and by carrier or otherwise, is sold for storage, use, or other consumption in this state, and a like presumption shall apply to tangible personal property delivered without this state and brought to this state by the purchaser thereof.
SECTION 9. Provisions of part I of this act relating to administration, auditing, and making returns, promulgated of rules and regulations by the commissioner, imposition and collection of tax and the lieu thereof, assessments, refunds, and penalties are hereby made a part of part II of this act and shall be applicable hereto.
SECTION 10. FAILURE TO REGISTER AND FILE RETURNS MISDEMEANOR. Any retailer failing or refusing to register and give the information required in this act, and any retailer or other person failing or refusing to make any return required to be made under this act, or failing to or refusing to make a supplemental return or to furnish other data or information required by the commissioner, or rendering a false or fraudulent return, shall be guilty of a misdemeanor and subject to a fine of not exceeding five hundred dollars ($500.00) for each such offense.
Any person required by this act to make, render or sign any return or report or to furnish other data or information, who makes any false or fraudulent return or report, or who furnished any false data or information, with intent to defeat or evade the assessment or determination of any tax due under this act, shall be guilty of a misdemeanor, and shall for each such offense be fined not less than three hundred dollars ($300.00) and not more than five thousand dollars ($5,000.00) or be imprisoned not exceeding one year in the county jail or be subject to both said fine and imprisonment in the discretion of the court.
Any wilful violation of the provisions of this act, except as otherwise herein provided, shall be a misdemeanor and punishable as such.

PART III
SECTION 1. UNCONSTITUTIONALITY OR INVALIDITY. If any section, subsection, clause, sentence or phrase of this act which is

818

JOURNAL OF THE SENATE,

reasonably separable from the remaining portions of this act, or the application thereof in any particular case or to any particular person, is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this act or their application in other cases or to other persons not similarly affected. The Legislature hereby declares that it would have passed the remaining portions of this act irrespective of the fact that any such section, subsections, clause, sentence or phrase of this act, or the said application thereof, be declared unconstitutional.
SECTION 2. The taxes levied by this act shall be in addition to all other taxes, fees or charges levied by authority of acts of the General Assembly of Georgia, unless specifically exempted by provisions of this act.
SECTION 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

Senator Land of the 24th offered the following amendment to Senate Substitute to HB 1:
Amend by adding sub-paragraph (h) to Section 5 as follows:
"Sales of braces, crutches, artificial eyes, dental plates, eye glasses, artificial legs, dental bridges, contact lenses and all items prescribed by dentists, physicians and optometrists for theorogpy."
On the adoption of the amendment the ayes were 20, nays 19, and the amendment was adopted.
On the adoption of the substitute offered by Senator Cochran the ayes and nays were called by Senator Cochran of the 7th and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Cochran Eve Gholston Mason

Massey McCoy Overby Peterson Pittman

Purdom Swint Tarver Williams Zellner

Those voting in the negative were Senators :

Ayers Blalock Boyett Brooks Bryant Clary Coleman Daniel Davis Dykes Foster

Garrett Gary Grayson Harris Higginbotham Housley Jones Land, 51st Layton LeCraw Lunsford

The roll call was verified.

Newton Pilcher Rackley Rich Roddenberry Rowland Saunders Sims Smith Turner Ursrey

FRIDAY, JULY 22, 1949

819

On the adoption of the substitute the ayes were 15, nays 33, and the substitute was lost.

Senator Land of the 24th voted present.

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

as amended, was agreed to.



On the passage of the bill, Senator Pilcher of the 19th 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:

Ayers Blalock Boyett Brooks Bryant Clary Coleman Daniel Dykes Foster Garrett Gary Harris

Higginbotham Housley Jones Land, 51st Layton Lunsford McCoy Newton Overby Pilcher Pittman Purdom Rackley

Rich Roddenberry Rowland Saunders Sims Smith Stark Swint Tarver Turner Ursrey Zellner

Those voting in the negative were Senators:

Ansley Cochran Davis Eve

Gholston Grayson Land, 24th LeCraw

Mason Massey Peterson Williams

By unanimous consent verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 37, nays 12. Senator Turner of the 34th voted present. The bill, having received the requisite constitutional majority, was passed. Senator Purdom of the 46th and Senator McCoy of the 4th asked leave of absence for Monday, July 25th, and the leave 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:

820

JOURNAL OF THE SENATE,

HB 4.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to amend an act known as the motor fuel tax law (Georgia Laws 1937, pages 167-207) as amended, Code Sec. 92-1403 of the 1933 Code of Georgia, by striking the word "six" and the figures " (0.06) " in subsection A and substituting in lieu thereof the word "seven" so that subsection, as amended, will read "(A) upon the sale of motor fuel by them within this State, at the rate of seven cents per gallon;" etc., and for other purposes.

The following bill of the House was read the first time and referred to the committee:
HB 4. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to amend an act known as the motor fuel tax law (Georgia Laws 1937, pages 167-207), Code Sec. 92-1403 of the 1933 Code of Georgia, by striking the word "six" and the figure (".06") in subsection A and substituting in lieu thereof the word "seven" so that sub-section, as amended will read "(A) upon the sale of motor fuel by them within this State, at the rate of seven cents per gallon;" etc., and for other purposes.
Referred to Committee on Finance.

Senator Pilcher of the 19th asked unanimous consent that when the Senate adjourned today, it stand adjourned until 11 o'clock Monday morning, and the consent was granted.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 11 o'clock Monday morning.

MONDAY, JULY 25, 1949

821

Senate Chamber, Atlanta, Georgia. Monday, July 25, 1949.

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, Rev. James W. Middleton, pastor of the First Baptist Church, Atlanta, Ga.

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

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett

Gary Gholston Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey

Newton Overby Peterson Pilcher Pittman Rackley Rich Sims Stark Swint Tarver Turner Williams Wright Zellner

The following Senators did not answer to their names: Brooks, McCoy, Roddenberry, Rowland, Saunders, Smith, and Ursrey.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Finance, read the second time and recommitted; and the consent was granted:
HB 3. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to raise the income tax on corporations from 5% to 8 per cent; and for other purposes.

HB 4.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to raise the tax on gasoline from six (6) to seven (7) cents per gallon.

The following bill of the House was read the third time and put upon its passage:

822

JOURNAL OF THE SENATE,

HB 2.

By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to raise tax on cigarettes from three to five cents per pack of twenty; and for other purposes.

Senator Garrett of the 53rd offered the following amendment to HB 2:

1. By striking the word "or" in line ten of Section 12 and adding after the word wholesalers, a comma, and adding after the word jobbers in said line and section the words "or distributors".

2. By striking the figure "3" in line 18 of Section 12 and inserting

in lieu thereof the figure "2", and by striking the figure "10" in line 19

and substituting in lieu thereof the figure "5", so that said section shall

read as follows :



Section 12. Discounts allowed for Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons,
other than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps . be genuine or counterfeit, shall be guilty of a felony and punishable as set out in Section 18 (a) of this Act. When wholesalers, jobbers or distributors have qualified as such with the State Revenue Commission as provided in Section 14 of this Act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discounts:

On a sale of $100 or over and less than $200, a discount of 2 per cent on the entire amount of the sales; on a sale of $200 or more, a discount of 5 per cent on the entire amount of the sale.

Every wholesaler, jobber, or distributor purchasing stamps as described herein, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable tobaccos during the preceding month. Every wholesaler, jobber or distributor refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future.

The amendment was adopted.

Senator Harrison of the 17th offered the following amendment:
Amend HB 2 as follows:
Section 1 by adding a sub-section to be known as "P-1" following subsection (P) :
That all snuffs selling for ten cents be taxed at the rate of one cent (0.01) per can and on the same basis for all multiples thereof.
That all smoking tobacco mixtures used by pipe smokers or cigarette smokers be taxed on the basis of one (.01) cent per ten cent unit and all multiples thereof on the same basis.
That all chewing tobacco that sells for ten cents per plug or above be taxed on the basis of one (.01) cent per plug.

MONDAY, JULY 25, 1949

823

Senator Pilcher of the 19th called for the ayes and nays on the adoption of the amendment, and the call was sustained.

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

Those voting in the affirmative were Senators:

Ansley Cochran Coleman Daniel Davis Dykes Eve Foster Gholston

Grayson Harrison Higginbotham Jones Land, 51st Land, 24th Lunsford Mason Massey

Those voting in the negative were Senators:

Ayers Blalock Boyett Bryant Clary Florence

Garrett Gary Harris Housley Layton Peterson

Overby Pittman Rackley Sims Stark Swint Tarver Williams Zellner
Pilcher Rich Turner Wright

Senator Swint of the 26th moved that the roll call be verified.
The motion prevailed and the roll call was verified.
On the adoption of the amendment, the ayes were 27, nays 16, and the amendment was adopted.

Senator Pilcher of the 19th offered the following amendment:

Amend HB 2 as follows:

1. By striking the word and figures "one ($0.01)" in line three of paragraph (a) Section 1, and substituting in lieu thereof the word and figures "two ($0.01) ."

2. By striking the word and figures "one ($1.00)" in line three of paragraph (b) Section 1, and substituting in lieu thereof the word and figures "two ($2.00) ."

3. By striking the word and figures "two ($2.00)" in line four, paragraph (c), Section 1, and substituting in lieu thereo fthe word and figures "two ($0.02)."

4. By striking the word and figures "three ($3.00) " in line three,

paragraph (c), Section 1, and substituting in lieu thereof the word and

figures "six ($6.00) ."



5. By striking the word and figures "five ($5.00) in line three, paragraph (e) Section 1, and substituting in lieu thereof the word and figures "ten ($10.00) ."

824

JOURNAL OF THE SENATE,

6. By striking the word and figures "ten ($10.00)" in line three, paragraph (f) Section 1, and substituting in lieu thereof the words "twenty ($20.00)."
7. By striking the words and figures "thirteen-fifty ($13.50)" in line three, paragraph (g) Section 1, and substituting in lieu thereof the words and figures "twenty-five ($25.00) ."
8. By amending the caption to correspond with this amendment.
On the adoption of the amendment, the ayes were 34, nays 3, 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, Senator Lunsford of the 9th 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:

Ansley Ayers Blalock Boyett Bryant Clary Coleman Daniel Dykes Florence Foster

Garrett Gary Harris Harrison Higginbotham Housley Jones Land, 51st Layton Lunsford Overby

Those voting in the negative were Senators:

Cochran Davis Eve Gholston

Grayson Land, 24th LeCraw Mason

Pilcher Pittman Rackley Rich Sims Stark Swint Tarver Turner Wright Zellner
Massey Peterson Williams

By unanimous consent, the verification of the roll call was dispensed.
On the passage of the bill, the ayes were 33, nays 11.
The bill, having received the requisite constitutional majority, was passed as amended.
. Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, JULY 26, 1949

825

Senate Chamber, Atlanta, Georgia. Tuesday, July 26, 1949.

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, Rev. Stuart Oglesby, pastor of Central Presbyterian Church, Atlanta, Georgia.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary

Gholston Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Overby Peterson

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Williams Wright Zellner

The following Senators did not answer to their names: Newton, Smith, and Ursrey.

Mr. Garrett of the 53rd 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 House, and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 3. Do Pass.
HB 4. Do Pass.
Respectfully submitted, Garrett of 33rd District, Chairman

Senator Tarver of the 48th reported that the journal of yesterday's proceed ings had been examined and found correct.

826

JOURNAL OF THE SENATE,

By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Pilcher of the 19th asked unanimous consent that the President be permitted to call up bills ready for passage as he sees fit.
The consent was granted.

The following bill of the House was read the third time and put upon its passage:
HB 4. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to raise the tax on gasoline from six to seven cents per gallon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Pilcher of the 19th 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:

Ansley Ayers Blalock Boyett Bryant Clary Coleman Dykes Florence Garrett

Harris Harrison Higginbotham Housley Jones Land~ 51st Layton Lunsford McCoy Overby

Peterson Pilcher Purdom Rackley Rich Rowland Saunders Sims Stark Tarver

Those voting in the negative were Senators:

Brooks Cochran Daniel Davis Eve Foster Gary

Gholston Grayson Land, 24th LeCraw Mason Massey Pittman

Roddenberry Swint Turner Williams Wright Zellner

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 29, nays 20. Senator Rowland voted present. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JULY 26, 1949

827

The following resolutions were read and adopted:

SR 11. By Senator Pilcher of the 19th:
A resolution expressing the thanks of the members of the Senate of the State of Georgia to the Atlanta Baseball Corporation and to the Honorable Earl Mann, president of said baseball association.

SR 12. By Senator Pilcher of the 19th:
A resolution that the Senate express to the Atlanta Constitution and the Hon. M. L. St. John sincere appreciation for valuable service rendered.

SR 18. By Senator Lunsford of the 9th:
A resolution requesting the State Purchasing Department to buy items produced by the factory for the blind for use in state institutions.

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 5. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, and Smith of Warren:
. An act to amend an Act of the General Assembly, approved February 25, 1949, entitled "General Appropriations Act" so as to authorize an increase in appropriations fixed therein; and for other purposes.

The following bill of the House was read the first time and referred to committee:
HB 5. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, and Smith of Warren:
A bill to amend an act of the General Assembly approved February 25, 1949, entitled "General Appropriations fixed therein"; and for other purposes.

Referred to Committee on Appropriations.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

828

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, July 27, 1949

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, Rev. Stuart Oglesby, pastor of the Central Presbyterian Church, Atlanta, Georgia.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson Pilcher

Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Wright Zellner

The following Senator did not answer to his name: Smith.

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time and recommitted, and the consent was granted.

HB 5. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens, and Ray of Warren:
A bill to amend an Act of February 2, 1949, known as General Appropriations Act so as to authorize an increase in appropriations fixed therein; and for other purposes.

WEDNESDAY, JULY 27, 1949

829

The following bill of the House was read the third time and put upon its passage:

HB 3. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :

A bill to raise the income tax on corporations from 5'-h to 8 per cent.

Senator Pilcher of the 19th offered the following amendment:

Amend HB 3 by striking Section 2 entirely and inserting in lieu thereof a new Section 2 to read as follows:

SECTION 2. Be it further enacted that the rates provided in this Act shall apply to and be in full force and effect for the entire calendar years of 1949 and 1950 or such portion of any taxpayers fiscal year as falls within said periods, and after the expiration of the calendar year 1950 the rate of income tax on corporations, as imposed by an Act approved March 30, 1947, Georgia Laws 1937, pages 109 to 148 inclusive, Section 92-3102 of the 1933 Code of Georgia, shall again become effective and shall thereafter remain in full force and effect until altered or repealed by the General Assembly.

And further moves to amend HB 3:

By adding a new section to be appropriately numbered to read as follows:

"Be it further enacted by the authority aforesaid, that if any part

of this Act should be declared unconstitutional, then and in that event

the remaining parts, portions or sections of said Act shall remain in

full force and effect.

,

On the adoption of the amendment, the ayes were 37, nays 6, 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, Senator Cochran of the 7th 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:

Ayers Blalock Boyett Brooks Bryant Clary Coleman Daniel Dykes Florence Foster

Gary Harris Harrison Housley Land, 51st Layton McCoy Newton Peterson Pilcher Purdom

Rackley Rich Roddenberry Rowland Saunders Sims Stark Tarver Ursrey

830

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ansley Cochran Davis Eve Garrett Gholston Grayson

Higginbotham Jones Land, 24th LeCraw Lunsford Mason Massey

Overby Pittman Swint Turner Williams Wright Zellner

The roll call was verified.

On the passage of the bill, the ayes were 31, nays 21.

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

The following communication was read by the Secretary:

July 26, 1949.

Hon. Marvin Griffin, Lieutenant Governor State Senate State Capitol Atlanta, Georgia

Dear Marvin:

As you know under the new registration bill, counties are required to re-register all voters this year and include same by next May which will be six months prior to the next general election.

Most of these counties are handling the re-registeration on a very economical basis. The small rural counties in most instances, are handling this matter for the sum of $300.00 to $500.00 per county.

Because of the financial condition of the rural counties of the state it was worked a hardship in some instances. A committee of county commissioners have appealed to me for aid from the State. I think it would be wise to appropriate $100,000.00 for the purpose of assisting the counties with the re-registration bill.

It is my recommendation that the allocation be made in the following way:

1. That the minimum amount paid to each county be the sum of $100.00.

2. That the maximum amount paid to each county be the sum of $750.00.

3. Taking into consideration the minimum amount of $100.00 and the maximum amount of $750.00 that the rate be fixed at .15c per registrant for each county.

If, of course, will be necessary for the General Assembly next J anuary to pass an enabling act for this appropriation.

With kindest personal regards. HET:gc

Sincerely yours, HERMAN E. TALMADGE

WEDNESDAY, JULY 27, 1949

831

The following resolt:ion was rea4 and adopted:
By Senator LeCraw of the 52nd:
A resolution expressing the sympathy of the Senate to Senator Newton of the 47th and his family in his bereavement due to a death in the family.

Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

832

JOURNAL OF THE SENATE,

.Senate Cha~ber, Atlanta, Georgia. Thursday, July 28, 1949

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, James W. Middleton, pastor First Baptist Church, Atlanta, Ga.

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

Ansley

Gary

McCoy

Ayers Blalock

Gholston Grayson

Newton Overby

Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Garrett

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey

Pilcher Purdom Rich Rowland Saunders Sims Stark Swint Tarver Turner Zellner

The following Senators did not answer to their names: Foster, Peterson, Pittman, Rackley, Roddenberry, Smith, Ursrey, Williams, and Wright.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
The following message was received from the House through Mr. Boone, the clerk thereof:

Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to wit:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens :
A bill to amend that certain act of the General Assembly of Georgia approved March 30, 1937, and entitled "An Act to repeal part 3, cigars and cigarettes, chapter 92-22, in general, of the 1933 Code of Georgia in its entirety; and for other purposes.

THURSDAY, JULY 28, 1949

833

The House has adopted the following resolution of the House, to wit:
HR 17. By Messrs. Page and MeGee of Chatham, Miller of Bibb, and others:
A resolution requesting reports from Tax Revision Committee; and for other purposes.

SR 13. By Senator Lunsford of the 9th:
A resolution by the Senate, the House concurring, requesting the State Purchasing Department of the State of Georgia to buy items which the state may need from time to time from the state factory for the blind; and for other purposes.

The House has agreed to the Senate amendments to the following bill of the House, to wit:
HB 1. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens:
A bill to amend an act approved March 23, 1935, entitled "An Act for license and excise taxes upon the business of dealing in malt beverages; 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 Senate amendment to the following bill of the House to wit:
HB 3. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to be entitled an Act to amend title 92 (Public Revenue), Part 9 (Income Taxes) of the Code of Georgia of 1933 as amended by an Act approved March 26, 1935, and for other purposes.

Mr. Purdom of the 46th 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 5. Do Pass as amended.

Respectfully submitted, Purdom of 46th District, Chairman

834

JOURNAL OF THE SENATE,

The following resolution of the House was read and adopted:
HR 17. By Messrs. Page and McGee of Chatham, Miller of Bibb, and others.
A resolution requesting reports from Tax Revision Committee; and for other purposes.

The following bill of the House was read the third time and put upon its passage:
HB 5. A bill to amend an Act of the General Assembly, entitled "General Appropriations Act" so as to authorize an increase in appropriations; and for other purposes.
The Committee on Appropriations offered the following amendment to HB 5:
Amend the caption of HB 5 by striking the whole of said caption and substituting in lieu thereof the following:

A BILL
To be entitled an Act to amend an Act of the General Assembly approved February 25, 1949, entitled "General Appropriation Act" so as to authorize an increase in said appropriations fixed therein; to appropriate funds for the payment of pensions to widows of Confederate Veterans as authorized by an Act approved February 25, 1949; to repeal conflicting laws; and for other purposes.

On the adoption of the amendment the ayes were 28, nays 0, and the amend-

ment was adopted.



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

The roll was called and the vote was as follows :

Voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Daniel Davis Dykes Florence Garrett Gary

Grayson Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Massey McCoy Overby

Peterson Pilcher Purdom Rich Rowland Saunders Sims Stark Swint Tarver Turner Zellner

Voting in the negative were: None.

Those voting present were Senators Gholston, LeCraw, and Williams.

THURSDAY, JULY 28, 1949

835

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th asked unanimous consent that the Senate recess from 12 o'clock until 1:30 o'clock.
The consent was granted and the Senate recessed.
The Senate reconvened at 1 :30 o'clock and resumed the regular order of business.

The following bill of the House was taken up for consideration:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens:
A bill to amend an Act entitled "An Act to repeal part 3, cigars and cigarettes," and for other purposes.
Senator Harrison of the 17th moved that the Senate insist on the Senate amendment to HB 2 and that a committee of conference be appointed.
On the motion, the ayes were 29, nays 3.
The motion prevailed and the President appointed on the part of the Senate as a committee of conference Senator Starke of the 35th, Dykes of the 14th, and Pilcher of the 19th.
The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to wit:
HB 5. A bill to amend an Act of the General Assembly, entitled "General Appropriations Act" so as to authorize an increase in appropriations, and for other purposes.
The House insists on its position in disagreeing to the Senate amendments to the following bill of the House:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to amend an Act entitled "An Act to repeal part 3, cigars and cigarettes," and for other purposes.
The Speaker has appointed as a committee of conference on the part of the House, the following members: Messrs. Twitty of Mitchell, Smith of Emanuel, and Kidd of Baldwin.

836

JOURNAL OF THE SENATE,

The following resolution was read:
SR 14. By Senator Garrett of the 53rd:
A resolution that the chairman of the Finance Committee be and he is hereby authorized to name four additional members of the Finance Committee to meet at any time when called by the chairman to investigate charges of fraud and graft in the State Government.
On the adoption of the resolution, the ayes were 34, nays 0, and the resolution was adopted.

The following resolutions were read and adopted: SR 15. By Senator Swint of the 26th:

A RESOLUTION
WHEREAS, the Honorable John J. Flynt departed this life on July 28, 1949; and
1
WHEREAS, the Honorable John J. Flynt served this State honorably and well throughout the years; and
WHEREAS, he served as a member of the House of Representatives in 1900 to 1906 inclusive and in 1933 through 1935. He served as President of the Senate in 1908 and was a member of this body in 1919-20 and 1937-38; and
WHEREAS, the State of Georgia has sustained a great loss in the passing of Honorable John J. Flynt.
NOW, THEREFORE, BE JT RESOLVED, that we stand in silent tribute for one minute to his memory and that we extend our heartfelt sympathy to the members of his family.
BE IT FURTHER RESOLVED, that this Resolution be spread upon the minutes of this body and that a copy thereof be prepared by the Secretary and forwarded to his family.
SR 16. By Senators Brooks of the 50th and Pilcher of the 19th:
A resolution that the provisions of SR 45 passed at the regular session relative to personnel in the office of the President, and the Secretary of the Senate, the Enrolling and Engrossing Committee and the Auditing Committee remain in force and effect for a period of not longer than three days after the adjournment of the extraordinary session and that the subcommittee of the Finance Committee be paid their per diem plus actual expenses when serving on the committee at the call of the chairman thereof.
The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens :
A bill to amend an Act of March 30, 1937, to repeal Part 3, cigars and cigarettes, chapter 92-22 of Georgia Code of 1933.

THURSDAY, JULY 28, 1949

837

The Conference Committee report was as follows:

Mr. President:
The Committee on Conference on House Bill Number 2, having had under consideration differences between the House and Senate, begs to submit the following report:
I. That the Senate recede from its position in the adoption of the amendment of Senator Harrison which provides for the taxation of snuff, smoking tobacco mixtures, and chewing tobacco.
II. That the Senate recede from its position as to the adoption of the amendment by Senator Pilcher and that both the House and the Senate adopt, in lieu thereof, the following amendment, the same to precede A of Secoion 1 of said act, and the remaining sections to be appropriately lettered, to wit:
A. By striking the words and figures hereafter set out in Section 1 of the Act of the General Assembly of Georgia, approved March 30, 1937, Georgia Laws, pages 83-109, inclusive, in the following manner:
1. By striking the word and figures "one ($1.00)" in lines three and four of subsection (b) of said section of said act, and substituting in lieu thereof the word and figures "one dollar and ten cents ($1.10) ";
2. By striking the word and figures "Two ($2.00)" in line four, paragraph (c), section 1 of said act, and substituting in lieu thereof the word and figures "Two dollars and twenty cents ($2.20)";
3. By striking the word and figures "three ($3.00)" in line four of subparagraph (d), section 1, of said act, and substituting in lieu thereof the word and figures "three dollars and thirty cents ($3.30) ";
4. By striking the word and figures "five ($5.00)" in line four of paragraph (e), section 1 of said act, and substituting in lieu thereof the word and figures "five dollars and fifty cents ($5.50) ".
5. By striking the word and figures "ten ($10.00)" line four, subparagraph (f) of section 1 of said act and substituting in lieu thereof the word and figures "eleven dollars ($11.00);
6. By striking the words and figures "Thirteen Dollars and Fifty Cents ($13.50) ", lines three and four of subparagraph (g), section 1 of said act, and substituting in lieu thereof the words and figures "Fifteen Dollars ($15.00) ";
7. By amending the caption to correspond with the said amendment.

III. The said Committee also recommends that said bill be further amended as follows:
1. By striking the word and figures "one dollar ($1.00)" in line three of page two of paragraph (b), section 1, and substituting in lieu thereof the word and figures "One dollar and Ten Cents ($1.10)";
2. By striking the word and figures "Two Dollars ($2.00)" in line four, of page two, paragraph (c), section 1, and substituting in lieu

838

JOURNAL OF THE SENATE,

thereof the words and figures "Two Dollars and Twenty Cents ($2.20)";
3. By striking the word and figures "Three Dollars ($3.00)" in line three of page two, paragraph (d), section 1, and substituting in lieu thereof the word and figures "Three Dollars and Thirty Cents ($3.30) ";
4. By striking the words and figures "Five Dollars ($5.00)" in line three of page two, paragraph (e), section 1, and substituting in lieu thereof the words and figures "Five Dollars and Fifty Cents ($5.50) ";
5. By striking the word and figures "Ten Dollars ( $10.00)" in line three of page two, paragraph (f), section 1, and substituting in lieu thereof the words "Eleven Dollars ($11.00)";
6. By striking the words and figures "Thirteen Dollars and Fifty Cents ($13.50)" in line three of page two, paragraph (g), section 1, and substituting in lieu thereof the words and figures "Fifteen Dollars ($15.00) ".

IV. That the Senate recede from its position in the adoption of the amendment by Senator Garrett and that in lieu thereof the following amendment be adopted by the House and Senate, the same to follow section 1 of said act and be known as section 2, to wit:
That section 12 of the Acts of the General Assembly of Georgia approved March 30, 1937, Georgia Laws, 1937, pages 83 to 109, inclusive, be and the same is hereby amended in the following manner :
1. By striking the word "or" in line ten of section 12 and adding after the word wholesalers, a comma, and adding after the word jobbers in said line and section the words "or distributors".
2. And by striking the figure "10" in line 19 and substituting in lieu thereof the figure "7lh" so that said section shall read as follows:
"Section 12. Discounts allowed for Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in section 18 (a) of this act. When wholesalers, jobbers or distributors have qualified as such with the State Revenue Commission as provided in section 14 of this act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discounts:
On a sale of $100 or over and less than $200, a discount of 3 per cent on the entire amount of the sales; on a sale of $200 or more, a discount of 7lh per cent on the entire amount of the sale.
Every wholesaler, jobber, or distributor purchasing stamps as described herein, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable tobaccos during the preceding month. Every wholesaler, jobber or distrib-

THURSDAY, JULY 28, 1949

839

utor refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future.
Pilcher of the 19th, Dykes of the 14th, Stark of the 35th,
On the part of the Senate

Twitty of Mitchell, Smith of Emanuel, Kidd of Baldwin,
On the part of the House

Senator Pilcher of the 19th moved that the report of the conference be adopted.
On the motion to adopt the ayes were 7, nays 33, and the Conference Committee report was disagreed to.
Senator Pilcher of the 19th asked unanimous consent that the Conference Committee be relieved and that a second committee be appointed.
The consent was granted and the President appointed the second committee of conference on the part of the Senate: Senators Jones of the 38th, Tarver of the 48th, and Saunders of the 25th.

The House has disagreed to the report of the Committee on Conference on the following bill of the House, to wit:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Gross of Stephens:
A bill to amend that certain Act of the General Assembly of Georgia approved March 30, 1937, and entitled "An Act to repeal Part 3, Cigar and Cigarettes, chapter 92-22 in general, of the 1933 Code of Georgia; and for other purposes.

The Speaker has appointed as a second committee of conference on the part of the House the following members: Messrs. Twitty of Mitchell, Smith of Emanuel, and Kidd of Baldwin.

The following bill of the House was taken up for the purpose of considering the report of the committee of conference :
HB 2. By Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens:
A bill to amend an act of March 30, 1937 to repeal Part 3, cigars and cigarettes, chapter 92-22 of Georgia Code of 1933.

The Conference Committee report was as follows:
Mr. President: The Committee on Conference on HB 2, having had under consideration
differences between the House and Senate, begs to submit the following report:

840

JOURNAL OF THE SENATE,

I. That the Senate recede from its position in the adoption of the Amendment of Senator Harrison which provides for the taxation of snuff, smoking tobacco mixtures, and chewing tobacco.
II. That the Senate recede from its position as to the adoption of the Amendment by Senator Pilcher and that both the House and the Senate adopt, in lieu thereof, the following amendment, the same to precede A of Section 1 of said act, and the remaining sections to be appropriately lettered, to wit:
A. By striking the words and figures hereafter set out in Section 1 of the act of the General Assembly of Georgia, approved March 30, 1937, Georgia Laws, pages 83-109, inclusive, in the following manner:
1. By striking the word and figures "one ($1.00)" in lines three and four of subsection (b) of said section of said act, and substituting in lieu thereof the word and figures "one dollar and ten cents ($1.10) ;"
2. By striking the word and figures "two ($2.00)" in line four, paragraph (c), section 1 of said act, and substituting in lieu thereof the words and figures "two dollars and twenty cents ($2.20) ;"
3. By striking the word and figures "three ($3.00)" in line four of subparagraph (d), section 1, of said act, and substituting in lieu thereof the words and figures "three dollars and thirty cents ($3.30) ;"
4. By striking the word and figures "five ($5.00)" in line four of paragraph (e), section 1 of said act, and substituting in lieu thereof the words and figures "five dollars and fifty cents ($5.50) ;"
5. By striking the word and figures "ten ($10.00)" line four, subparagraph (f) of section 1 of said act and substituting in lieu thereof the words and figures "eleven dollars ($11.00) ;"
6. By striking the words and figures thirteen dollars and fifty cents ($13.50)," lines three and four of subparagraph (g), section 1 of said act, and substituting in lieu thereof the words and figures "fifteen dollars ($15.00) ;"
7. By amending the caption to correspond with the said amendment.

III. The said committee also recommends that said bill be further amended as follows:
1. By striking the words and figures "one dollar ($1.00)" in line three of page two of paragraph (b), section 1, and substituting in lieu thereof the words and figures "one dollar and ten cents ($1.10) ;"
2. By striking the word and figures "two dollars ($2.00)" in line four of page two, paragraph (c) section 1, and substituting in lieu thereof the word and figures "two dollars and twenty cents ($2.20) ;"
3. By striking the words and figures "three dollars ($3.00)" in line three of page two, paragraph (d) section 1, and substituting in lieu thereof the words and figures "three dollars and thirty cents ($3.30) ;"
4. By striking the words and figures "five dollars ($5.00) ," in line three of page two, paragraph (e), section 1, and substituting in lieu thereof the words and figures "five dollars and fifty cents ($5.50) ;"
5. By striking the words and figures "ten dollars ($10.00) ," in line

THURSDAY, JULY 28, 1949

841

three of page two, paragraph (f), section 1, and substituting in lieu thereof the words and figures "eleven dollars ($11.00) ;"
6. By striking the words and figures "thirteen dollars and fifty cents ($13.50)" in line three of page two, paragraph (g), section 1, and substituting in lieu thereof the words and figures "fifteen dollars ($15.00) ."
IV. That the Senate recede from its position in the adoption of the amendment DY Senator Garrett and that in lieu thereof the following amendment be adopted Dy the House and Senate, the same to follow section 1 of said act and be known as section 2, to wit:
That section 12 of the acts of the General Assembly of Georgia approved March 30, 1937, Georgia Laws, 1937, pages 83 to 109, inclusive, be and the same is hereby amended in the following manner:
1. By striking the word "or" in line ten of section 12 and adding after the word wholesalers a comma, and adding after the word jobbers in said line and section the words "or distributors."
2. And by striking the figure 10% in line 19 and substituting in lieu thereof the figure 6% so that said section shall read as follows:
"Section 12. Discounts allowed for Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in section 18 (a) of this act. When wholesalers, jobbers or distributors have qualified as such with the State Revenue Commission as provided in section 14 of this act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discounts:
On a sale of $100 or over and less than $200, a discount of 3% on the entire amount of the sales; on a sale of $200 or more, a discount of 6% on the entire amount of the sale.
Every wholesaler, jobber, or distributor purchasing stamps as herein described, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable tobaccos during the preceding month. Every wholesaler, jobber or distributor refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future.
3. By amending the caption to correspond with said amendment.
Jones of the 38th,
Tarver of the 48th,
Saunders of the 25th,
On the Part of the Senate
Twitty of Mitchell,
Kidd of Baldwin,
Smith of Emanuel,
On the Part of the House

842

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the report of the Conference Committee be adopted.
On the motion to adopt, Senator Pilcher of the 19th 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:

Blalock Boyett Clary Dykes Gary Harris

Housley Jones Layton Peterson Pilcher Purdom

Rich Roddenberry Saunders Stark Swint Tarver

Those voting in the negative were Senators:

Ansley Brooks Cochran Daniel Davis Eve Florence Garrett

Gholston Harrison Higginbotham Land, 51st Land, 24th LeCraw Lunsford Mason

Massey McCoy Rowland Sims Williams Zellner

By unanimous consent, the verification of the roll call was dispensed with.
On the motion to adopt the conference committee report, the ayes were 18, nays 22, and the conference committee report was disagreed to.
Senator Pilcher of the 19th asked unanimous consent that the conference committee be relieved and a third committee be appointed.
The consent was granted, and the. President appointed as a third conference committee on the part of the Senate:
Senators Garrett of the 53rd, Blalock of the 36th, and Rich of the 8th.

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:
The House has adopted the report of the second committee of conference on the following bill of the House to wit:
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Gross of Stephens:
A bill to be entitled an act to amend an act entitled "An act to repeal part 3, cigars and cigarettes, and for other purposes.

THURSDAY, JULY 28, 1949

843

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

HB 2.

By Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens:
A bill to amend an act of March 30, 1937 to repeal Part 3, cigars and cigarettes, chapter 92-22 of Georgia Code of 1933.

The conference committee report was as follows:
The committee on conference on HB 2, having had under consideration differences between the House and Senate, begs to submit the following report:

I. That the Senate recede from its position in the adoption of the amendment of Senator Harrison which provides for the taxation of snuff, smoking tobacco mixtures, and chewing tobacco.

II. That the Senate recede from its position as to the adoption of the amendment by Senator Pilcher and that both the House and Senate adopt, in lieu thereof, the following amendment, the same to precede A of section 1 of said act, and the remaining sections to be appropriately lettered, to wit:
A. By striking the words and figures hereafter set out in section 1 of the act of the General Assembly of Georgia, approved March 30, 1937, Georgia Laws, pages 83-109, inclusive, in the following manner:
1. By striking the word and figures "one ($1.00)" in lines three and four of subsection (b) of said section of said act, and substituting in lieu thereof the word and figures "one dollar and ten cents ($1.10) ;"
2. By striking the word and figures "two ($2.00)" in line four, paragraph (c), section 1 of said act, and substituting in lieu thereof the words and figures "two dollars and twenty cents ($2.20) ;"
3. By striking the word and figures "three ($3.00)" in line four of subparagraph (d), section 1, of said act, and substituting in lieu thereof the words and figures "three dollars and thirty cents ($3.30) ;"
4. By striking the word and figures "five ($5.00)" in line four of paragraph (e), section 1 of said act, and substituting in lieu thereof the words and figures "five dollars and fifty cents ($5.50) ;"
5. By striking the word and figures "ten ($10.00)" line four, subparagraph (f) of section 1 of said act and substituting in lieu thereof the words and figures "eleven dollars ($11.00) ;"
6. By striking the words and figures thirteen dollars and fifty cents ($13.50) ," lines three and four of subparagraph (g), section 1 of said act, and substituting in lieu thereof the words and figures "fifteen dollars ($15.00) ;"
7. By amending the caption to correspond with the said amendment.
III. The said committee also recommends that said bill be further ~mended as follows:
1. By striking the words and figures "one dollar ($1.00)" in line three of page two of paragraph (b), section 1, and substituting in lieu thereof the words and figures "one dollar and ten cents ($1.10) ;"
2. By striking the word and figures "two dollars ($2.00)" in line

844

JOURNAL OF THE SENATE,

four of page two, paragraph (c) section 1, and substituting in lieu thereof the word and figures "two dollars and twenty cents ($2.20) ;"
3. By striking the words and figures "three dollars ($3.00)" in line three of page two, paragraph (d) section 1, and substituting in lieu thereof the words and figures "three dollars and thirty cents ($3.30) ;"
4. By striking the words and figures "five dollars ($5.00) ," in line three of page two, paragraph (e), section 1, and substituting in lieu thereof the words and figures "five dollars and fifty cents ($5.50) ;"
5. By striking the words and figures "ten dollars ($10.00) ," in line three of page two, paragraph (f), section 1, and substituting in lieu thereof the words and figures "eleven dollars ($11.00) ;"
6. By striking the words and figures "thirteen dollars and fifty cents ($13.50)" in line three of page two, paragraph (g), section 1, and substituting in lieu thereof the words and figures "fifteen dollars ($15.00) ."

IV. That the Senate recede from its position in the adoption of the amendment by Senator Garrett and that in lieu thereof the following amendment be adopted by the House and Senate, the same to follow section 1 of said act and be known as section 2, to wit :
That section 12 of the acts of the General Assembly of Georgia approved March 30, 1937, Gem:gia Laws, 1937, pages 83 to 109, inclusive, be and the same is hereby amended in the following manner:
1. By striking the word "or" in line ten of section 12 and adding after the word wholesalers a comma, and adding after the word jobbers in said line and section the words "or distributors."
2. And by striking the figure 10 in line 19 and substituting in lieu thereof the figure 5% so that said section shall read as follows:
"Section 12. Discounts allowed for Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in section 18 (a) of this act. When wholesalers, jobbers or distributors have qualified as such with the State Revenue Commission as provided in section 14 of this act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discounts:
On a sale of $100 or over and less than $200, a discount of 3% on the entire amount of the sales; on a sale of $200 or more, a discount of 5% on the entire amount of the sale.
Every wholesaler, jobber, or distributor purchasing stamps as herein described, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable tobaccos during the preceding month. Every wholesaler, jobber or distributor

THURSDAY, JULY 28, 1949

845

refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future.
3. By amending the caption to correspond with said amendment. H. R. Garrett, T. E. Rich, D. B. Blalock, On the Part of the Senate

Twitty of Mitchell, Smith of Emanuel,
On the Part of the House

Senator Harrison of the 17th moved that the report of the committee on conference be adopted.
On the motion to adopt, the ayes were 34, nays 2 and the conference committee report was adopted.

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

Mr. President:
The Speaker has appointed as a third committee of conference on HB 2 on the part of the House the following members of the House to wit:
Messrs. Twitty of Mitchell, Smith of Emanuel, and Kidd of Baldwin.

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

Mr. President:
The House has adopted the third report of the committee of conference on the following bill of the House to wit :
HB 2. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and others.

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 4.

By Mr. Twitty of Mitchell:
Be it 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 presiding officer of the Senate, be appointed to notify His Excellency, the Governor that the General Assembly has completed its deliberation and stands ready to adjourn sine die.

846

JOURNAL OF THE SENATE,

The Speaker has appointed on the part of the House the following members of the House, to wit:
Messrs. Cates of Burke, Vickers of Coffee and Drinkard of Lincoln.

The following resolution of the House was read and adopted :
HR 24. By Mr. Twitty of Mitchell:
A resolution, 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, be appointed to notify His Excellency, the Governor that the General Assembly has completed its deliberations and stands ready to adjourn sine die.

The President appointed on the part of the Senate:
Senators Saunders of the 25th and Rich of the 8th.
At this time His Excellency, Governor Talmadge was escorted to the President's stand where he briefly addressed the Senate.

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 26. By Mr. Twitty of Mitchell:
Be it resolved by the House of Representatives, the Senate concurring, that the extraordinary session of the General Assembly of the State of Georgia do now adjourn sine die.

The following resolution of the House was read and adopted:
HR 26. By Mr. Twitty of Mitchell:
A resolution, the Senate concurring, that the extraordinary session of the General Assembly of the State of Georgia do now adjourn sine die.
The President announced the extraordinary session adjourned sine die at 4:55 o'clock.

MONDAY, JANUARY 16, 1950

847

REGULAR SESSION

Senate Chamber, Atlanta, Georgia

Monday, January 16, 1950

The Senate met pursuant to adjournment under SR 39 at 10 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by the chaplain, Rev. Blake Craft, pastor of East End Methodist Church, Atlanta, Ga.

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

Ansley

Harris

Purdom

Ayers Blalock

Harrison Higginbotham

Rackley Rich

Boyett

Housley

Roddenberry

Bryant Clary Cochran

Land, 51st Land, 24th Layton

Rowland Saunders Sims

Coleman Daniel Davis Dykes Florence Foster Garrett Gary

LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson

Smith Stark Swint Tarver Turner Ursrey Williams Zellner

Gholston Grayson

Pilcher Pittman

The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the senator-elect from the 6th Senatorial District, was received and read :
State of Georgia Department of State
Atlanta

Ben W. Fortson, Jr. Secretary of State
Joe N. Burton Chief Clerk

Honorable S. Marvin Griffin President of the Senate

Dear Sir:
I hereby certify that an election was held in the Counties of Echols and Lowndes in the State of Georgia on the 26th day of August, 1949,

848

JOURNAL OF THE SENATE,

for the purpose of electing a Senator in the General Assembly to represent the 6th Senatorial District for the unexpired term of J. E. Padgett, deceased, and that the consolidated returns of file and record in the office of the Secretary of State are as follows:

6th SENATORIAL DISTRICT FOR SENATOR FOR THE 6th SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of J. E. Padgett, deceased.
Walter J. Staten received 201 votes.
Given under my hand and seal of office this 31st day of August, 1949. Ben W. Fortson, Jr. Secretary of State
State of Georgia Department of State
Atlanta
Ben W. Fortson, Jr. Secretary of State Joe N. Burton Chief Clerk
Honorable S. Marvin Griffin President of the Senate
Dear Sir: I hereby certify that an election was held in the County of Lowndes
in the State of Georgia on the 26th day of August, 1949, for the purpose of electing a Senator in the General Assembly to represent the 6th Senatorial District for the unexpired term of J. E. Padgett, deceased; and that the consolidated returns of file and record in the office of the Secretary of State are as follows:
LOWNDES COUNTY FOR SENATOR FOR THE 6th SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of J. E. Padgett, deceased. Walter J. Staten received 80 votes. Given under my hand and seal of office this 31st day of August, 1949.
Ben W. Fortson, Jr. Secretary of State

MONDAY, JANUARY 16, 1950

849

State of Georgia
Department of State Atlanta
Ben W. Fortson, Jr. Secretary of State Joe N. Burton Chief Clerk

Honorable S. Marvin Griffin President of the Senate
Dear Sir:
I hereby certify that an election was held in the County of Echols in the State of Georgia on the 26th day of August, 1949, for the purpose of electing a Senator in the General Assembly to represent the 6th Senatorial District for the unexpired term of J. E. Padgett, deceased; and that the consolidated returns of file and record in the office of the Secretary of State are as follows:
ECHOLS COUNTY
FOR SENATOR FOR THE 6th SENATORIAL DISTRICT IN THE GENERAL ASSEMBLY: To fill the unexpired term of J. E. Padgett, deceased.
Walter J. Staten received 121 votes.
Given under my hand and seal of office this 31st day of August, 1949.
Ben W. Fortson, Jr.
Secretary of State
Senator-elect Walter J. Staten presented himself at the secretary's desk where Honorable Hugh J. Mcintyre, presiding judge of the Court of Appeals, administered to him the oath of office.
Senator Tarver of the 48th reported that the journal of proceedings of February 19, 1949, had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Purdom of the 46th asked unanimous consent that the following bill of the Senate be recommitted to the Committee on General Judiciary:
SB 123. By Senator Purdom of the 46th: A bill to amend the act providing for the printing and distribution of names and addresses of public accountants; to specify classification of accountants; to provide for introduction of expert evidence by accountants; and for other purposes.
The consent was granted.

850

JOURNAL OF THE SENATE,

The following resolutions were read and adopted:
SR 48. By Senator Pilcher of the 19th:
A resolution, the House of Representatives concurring, that a committee of five be appointed to notify His Excellency the Governor, that the General Assembly of Georgia has reconvened in regular session and is ready for the transaction of business. Three members of the committee to be named by the Speaker of the House and two to be named by the President of the Senate.
The President appointed on the part of the Senate: Senators Tarver of the 48th and Smith of the 37th.

SR 49. By Senator Pilcher of the 19th:
A resolution, the House of Representatives concurring, that a joint session be held in the hall of the House of Representatives at 11 o'clock on January 16, 1950, for the purpose of hearing an address by His Excellency, the Governor.

SR 50. By Senator Pilcher of the 19th:
A resolution, the House of Representatives concurring, that a joint committee to be composed of five members; three to be named by the Speaker of the House and two to be named by the President of the Senate, to form a committee of escort for His Excellency, the Governor, to escort him to the hall of the House of Representatives at 11 o'clock on January 16, 1950 for the purpose of addressing the joint session of the General Assembly.
The President appointed on the part of the Senate: Senators Staten of the 6th and Blalock of the 36th.

SR 51. By Senator Purdom of the 46th, McCoy of the 4th, Lunsford of the 9th, Roddenberry of the 3rd, Ursrey of the 54th, Tarver of the 48th, Cochran of the 7th and Staten of the 6th:
A resolution memoralizing Congress and the Secretary of Agriculture relative to increasing the parity on naval stores; and for other purposes.

The following bills and resolutions of the Senate were introduced, read the first time and referred to the committees:
SB 137. By Senator Purdom of the 46th:
A bill to provide for a uniform partnership act; and for other purposes.
Referred to the Committee on General Judiciary.

SB 138. Senators Purdom of the 46th, Wright of the 5th, Rodenberry of the 3rd and McCoy of the 4th:
A bill to adjust and equalize the compensation to be paid to the court reporter of the Waycross Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on General Judiciary.

MONDAY, JANUARY 16, 1950

851

SB 139. By Senator Purdom of the 46th:
A bill to amend Section 71-107 of the Georgia Code to require a seal on the attestation of deeds; to repeal conflicting laws; for other purposes.
Referred to the Committee on General Judiciary.

SB 140. By Senator Purdom of the 46th:
A bill to repeal Code Section 22-1104, service by publication on nonresident corporations; and for other purposes.
Referred to the Committee on General Judiciary.

SB 141. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to alter and revise zoning and planning laws for the City of Savannah; and for other purposes.
Referred to the Committee on Municipal Government.

SB 142. By Senator Grayson of the 1st:
A bill to amend the act requiring persons on the payroll of the state, its departments and agencies, county and city governments, school district and boards of education to take a prescribed loyalty oath, approved February 23, 1949, contained in Georgia Laws 1949, pages 960-962, by repealing in its entirety Section 3 thereof a new section prescribing a new form of oath; to repeal all conflicting laws; and for other purposes.
Referred to the Committee on Education and Public Schools.

SB 143. By Senator Grayson of the 1st: A bill to amend the act of the General Assembly approved February 25, 1949, amending the charter of the mayor and alderman of the City of Savannah taking from the Chatham County historic site and monument commission the right of eminent domain; and for other purposes.
Referred to the Committee on Municipal Government.
SB 144. By Senator Grayson of the 1st: A bill authorizing the mayor and alderman of the City of Savannah to incur an additional debt under the terms of paragraph 3, Section 7, Article 7 of the Constitution; and for other purposes.
Referred to the Committee on Municipal Government.
SB 145. By Senator Grayson of the 1st: A bill to amend the charter of the mayor and alderman of the City of Savannah; and for other purposes.
Referred to the Committee on Municipal Government.

852

JOURNAL OF THE SENATE,

SB 146. By Senator Grayson of the 1st:
A bill to amend the Revenue Certificate Law of 1937 to include highway districts; and for other purposes.
Referred to the Committee on Highways and Public Roads.

SB 147. By Senator Grayson of the 1st:
A bill to amend an act calling a referendum election of the voters of Chatham County and Savannah to decide certain questions; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 148. By Senator Pilcher of the 19th:
A bill to amend an act approved March 4, 1943, regulating oysters and oyster fisheries and their taxation by striking from said act, Section 2 which imposes a tax on oysters gathered from waters of this state and shipped to any point within this state; and for other purposes.
Referred to the Committee on State of the Republic.

SB 149. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to convey rights of way to the coastal highway district; and for other purposes.
Referred to the Committee on Municipal Government.

SB 150. By Senator Grayson of the 1st: A bill authorizing the mayor and aldermen of Savannah to re-assess property; and for other purposes.
Referred to the Committee on Municipal Government.

SB 151. By Senator Grayson of the 1st: A bill to amend the act creating and establishing a Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 152. By Senator Grayson of the 1st: A bill authorizing the coastal highway district to construct all bridges over the Savannah River; and for other purposes.
Referred to the Committee on Highways and Public Roads.

SR 52. By Senator Grayson of the 1st:
A resolution appropriating sums of money to reimburse Nathan Tennebaum and Gertrude Tennenbaum for damages to property and personal injuries caused by State Highway Department truck; and for other purposes.
Referred to the Committee on Appropriations.

MONDAY, JANUARY 16, 1950

853

SR 53. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7 of the Constitution authorizing the County of Chatham to issue bonds for equipping and building schools; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

SR 54. By Senator Harrison of the 17th:
A resolution proposing an amendment to Article V of the Constitution of the State of Georgia by adding thereto a new section to be known as Section VII and 15 new paragraphs to be designated paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of Section VII Article V creating a constitutional State Highway Commission to provide for the appointment of members thereof; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

SR 55. By Senator Grayson of the 1st:
A resolution amending Article 7, Section 7 of the Constitution requiring the commissioners of Chatham County to levy additional taxes in Chatham County for the support and maintenance of education; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

SR 56. By Senator Starke of the 53rd: A resolution proposing to re-open Talmadge Drive at the Farmer's State Market; and for other purposes.
Referred to the Committee on State of Republic.
SR 57. By Senator Grayson of the 1st: A resolution amending the Constitution creating industrial areas in Chatham County adjacent to City of Savannah; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
SR 58. By Senator Pilcher of the 19th: A resolution proposing to the qualified voters of Georgia an amendment to the Constitution so as to eliminate the provision permitting the General Assembly to levy ad valorem taxes on property for state purposes after January 1, 1951; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

SR 59. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution establishing commissions of the City of Savannah; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

854

JOURNAL OF THE SENATE,

SB 153. By Senator Pilcher of the 19th:
A bill to amend an act known as the Motor Fuel Tax Law; to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than for the propulsion of motor vehicles upon the public highways; and for other purposes.
Referred to the Committee on State of the Republic.

SB 154. By Senators Pittman of the 42nd and Newton of the 47th:
A bill to amend an act approved March 9th, 1945, entitled "an act to provide for the creation of the office of Judge of the Superior Court Emeritus; to prescribe eligibility for incumbents; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 155. By Senator Grayson of the 1st:
A bill to amend the act providing for the creation of the office of Solicitor General Emeritus ; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 156. By Senator Grayson of the 1st: A bill to create the Georgia Turnpike Authority; and for other purposes.
Referred to the Committee on Highways and Public Roads.

SB 157. By Senator Harris of the 23rd:
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 of not less than 7,128 and not more than 7,400; and for other purposes.
Referred to the Committee on General Judiciary.

SB 158. By Senators Bryant of the 43rd and Davis of the 27th:
A bill to amend an act approved February 16, 1949, (Georgia Laws 1949, pages 646-647) by striking and repealing the title "Compensation in Criminal Cases" in Code Section 24-3104 and substituting a new title; and for other purposes.
Referred to the Committee on General Judiciary.

SB 159. By Senator Bryant of the 43rd and Senator Davis of the 27th:
A bill to authorize the judges of the city courts of this state, where not otherwise provided for by law, to appoint an offical court reporter and to provide for the compensation; and for other purposes.
Referred to the Committee on General Judiciary.

MONDAY, JANUARY 16, 1950

855

SB 160. By Senators Smith of the 37th, LeCraw of the 52nd, and Purdom of the 46th:
A bill to repeal an act annulling all registration fixing the qualifications of voters; and for other purposes.
Referred to the Committee on General Judiciary.

The hour of convening the joint session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the hall of the House of Representatives and the joint session, called for the purpose of hearing an address by His Excellency, the Governor, was called to order by the President.

The resolution authorizing the joint session of the Senate and House was read by the Secretary of the Senate.

His Excellency, Governor Herman Talmadge addressed the joint session as follows:
LIEUTENANT-GOVERNOR GRIFFIN, SPEAKER HAND, MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND MY FELLOW COUNTRYMEN:
Today we are met together to begin an adjourned session of the General Assembly of Georgia, which will go down in the recorded pages of our history as one of the most important ever to sit in this Capitol Building.
During the course of this Legislature, we will deal with many problems of vital importance to the people of this State, both now and in the future. We have only 29 days in which to perform our duties and to carry out our responsibilities to the people. At the first portion of this session, which began last January, and at the special session here last summer, you worked diligently, intelligently and in a spirit of high purpose to pass legislation that has brought a better Georgia in which to live.
You have faced many problems, you have given them careful and deliberate study and have brought forth from the legislative hopper more constructive measures than any other Assembly ever to sit here. I know that in doing this many of you have made personal sacrifices of time and energies. You have neglected your businesses and families in order to serve your State.
As the combined result of your common-sense legislation; the economical and watchful administration of these measures and the cordial and able cooperation of the various departments of the State government and their subdivisions, we are right now making the most constructive progress ever made for our people in a comparable period of time since the establishment of our State.
If this General Assembly had done nothing more than inaugurate the hospital and health center construction program, it would have deserved great praise.
You remember in January of last year, you enacted an administration bill making Georgia a participant in the Federal Hospital Program. Even though the Federal money had been available for several years, this was the first effort to take advantage of it for our people. By practicing rigid economies in some of the non-essential functions of our State government, the present administration was able to allocate $3,000,000 during the latter part of the fiscal year 48-49 to catch up the slack in the program. During this fiscal year, we have appropriated

856

JOURNAL OF THE SENATE,

an additional $3,000,000-thus making Georgia's total participation to date, $6,000,000. The Cooperative Hospital Construction Program will run for a period of seven years, and calls for total State, Federal and local expenditure in Georgia of over $70,000,000.
We have already completed modern hospital buildings in Camilla, Greensboro, Carrollton, and Richland. Thirty-two other hospital and health centers have also been approved. Improvements of the University of Georgia Hospital at Augusta will amount to over $900,000. Many of the Communities are putting up in excess of their required percentage. This will mean that the total estimated cost of hospital and health center projects already built, under construction, and those already approved to be constructed during the fiscal years 48-49 and 49-50 will be approximately $21,000,000.
The hospital construction program is the biggest thing that has happened in Georgia for the welfare of our people since the advent of the railroads, telephones and hard-surfaced highways.

Another constructive step which the present administration has taken is the initiation of a broad development plan for a great State port at Savannah.
In November of 1948, shortly after assuming office as Governor, I found that the War Assets Administration in September, 1948, during the preceding administration, had offered to sell the Savannah Quartermaster Depot located on the Savannah River, to the State of Georgia for $808,100. No action was taken. I had seen this facility, built during the recent war, conservatively estimated to be worth between $6,000,000 and $8,000,000, and knew its potential value to Georgia as the site for a State port. When I learned of the opportunity to buy it from the Federal Government, the present administration jumped at the chance. It has proved to be the biggest bargain the State has ever got.
We are now getting an unbelievable return of $635,936 annually on our original investment. This comes from storage charges on government cotton and warehouse space leased to private concerns.
On Tuesday of last week, the Reconstruction Finance Corporation announced that it had approved a $4,500,000 loan for the State Ports Authority, to be used in developing the port facility at Savannah. This loan will be paid back, as far as possible, out of revenues over a period of thirty-five years. We will go ahead immediately in constructing 2,130 feet of docks and transit sheds which will when completed berth with all ease, four modern cargo vessels.
One of the great needs in Georgia is construction of large grain elevators to handle storage of grain needed for our rapidly expanding livestock industry. Our plans for development of a port at Savannah call for erection of such elevators together with refrigerated storage for farm commodities that are perishable. Such storage will help our farmers to take advantage of high points in fluctuating markets. Non-refrigerated storage for dry commodities will also be made available for farm products.
Consummation of this "pay-as-you-go" development program by the administration for a great State port at Savannah will serve as a real boon to the future prosperity of every man, woman and child in Georgia.

Another field in which we have made outstanding progress is in our State Welfare Department. I am glad that we have been able to modify its rules so

MONDAY, JANUARY 16, 1950

857

that more substantial assistance benefits could be extended to an even greater number of deserving old people in larger amounts.
The Welfare Department informs me that the average participation percentage ratio now is about 25 per cent State, 5 per cent county and 70 per cent Federal. It has always been my firm belief that where Federal funds like this are available, and in such high ratio, that our State should strain every effort to take full advantage of the program. Certainly it is good business to take 30c out of one pocket and add 70c Federal money to it, and put $1.00 in circulation throughout the State.

I don't know how many of you have visited Milledgeville State Hospital recently, but I know that you have been following the improvements the present administration is making there with much interest. This institution, because of its humanitarian aspects, has always held a warm spot in the heart of every Georgian.
You will certainly be gratified to learn that patient care, food and facilities are the best in the 108-year history of that institution.
We now have 21 full-time doctors, as compared with 11 when the present administration took office. We have increased the number of graduate nurses from 18 to 40. The number of nurses and attendants has now been increased from 751 to 931. The occupational therapy staff has been increased from 6 to 13. The number of dentists has been raised from 2 to 5. The State Board of Nurse Examiners has recently approved Milledgeville State Hospital for training student nurses.
Pay increases for all personnel, and extension of the Merit System for employees has had a decidedly wholesome effect on the morale of the hospital staff, in general.
Under the present administration, careful attention is being paid to the diet of the patients, and every effort is being made to make the food wholesome, adequate and nutritious. For the first time in the history of the institution, Thanksgiving and Christmas dinners, which included turkey and all the trimmings, were served to the patients.
Recreational therapy, including useful occupations, barbecues and other outings have been inaugurated. Improvements in the laundry facilities make it possible for us to change the bed linen now twice weekly instead of once every two weeks as was the case under previous administrations.
I should like now to say a word about the physical improvements which we are making at that institution. Now under construction is a 1,000-bed psychiatric hospital, for which the contract was let during this administration at a cost of $490,000.
We have recently let a contract for a central warehouse and distribution center, which will house under one roof storage space for supplies, the cannery, the bakery, the shoe repair shop, a broom factory, a cold storage unit, quick-freeze lockers, a garage, and the sewing repair rooms. The huge building will have 150,000 square feet of floor space and will cost $412,000.
Construction of this distribution center will probably save the State more money than any other single thing that we could do through more efficient operation. Concentration of all these activities under one roof will cut out a lot of lost motion and waste.

858

JOURNAL OF THE SENATE,

Although consumption of fruits and vegetables increased this year due to a better diet being provided the patients, the institution is now virtually selfsufficient from its increased farm production for the first time in its history. We are still not producing enough meats, eggs and poultry to take care of our needs, but steps are being taken to increase production of these foods.
All of these improvements are part of a long-range plan which we have formulated for the betterment of this institution. Legislative committees and governors have talked and reported, and talked and reported about improving conditions for patients at Milledgeville. The present Legislature and the present administration have done more than talk and report. We are getting things done, and have even bigger plans for the future.

This General Assembly in January made possible the financing of the State Factory for the Blind at Bainbridge in Decatur County, Georgia. Authorization for such a factory was made by the Legislature in 1937, but that act lay dormant until you appropriated sufficient funds to purchase manufacturing equipment and supplies of materials necessary for its institution. The people of Decatur County were kind enough to make the old Army Air Base near Bainbridge available to the State for this factory free of charge. Apartments and dormitories formerly utilized by military personnel made this selection an ideal site. This
institution is now operating at full efficiency with a considerable number of blind people on its payroll. It has made them self-sustained-thus, relieving our Welfare Department of substantial assistance responsibilities.

Now, we come to a subject upon which during the last several years more and more emphasis is being placed, both on Federal and State levels. That is, public health.
We have at present 26 health investigators, making mass health surveys in the several counties of our State. In 1948, we only had 11 investigators engaged in this vital work. Now, we are going into each county for the purpose of conducting free chest X-rays and blood tests. To stimulate interest before the Healthmobile arrives in a county, we use all available information media to get the citizens out. Local civic organizations have been a big help in this regard. The Healthmobile goes into one county at a time, and in most of the 34 counties that have been visited, over 90 per cent of the adult population has been tested.

Another fine thing which we have accomplished through your aid is the allocation of $1,100,000 in extra money during this fiscal year for Battey T.B. Hospital to pave the way for ultimate expansion from 1,400 beds to its capacity of 2,000 beds. Our aim has been to add one patient per day to the patient load over the period of a year and a half. Formerly sufferers from tuberculosis could not gain admission to the institution and had to wait several weeks before admission. Precious treatment days are now being saved by our expansion program. You will recall how under the preceding administration, the hat had to be passed to buy the wonder drug, streptomycin. Adequate funds are now available at the hospital for this purpose.
The expansion program at Battey will require numerous physical additions, construction of which are now underway. A white nurses home, a new milking barn and 5 brick homes for doctors and their families are now underway. Dr.

MONDAY, JANUARY 16, 1950

859

Payne informs me that two negro wards accommodating 80 patients will be opened within the next few days.

I am happy to report to you that the common schools and other educational institutions and agencies are in better financial condition than they have ever been in the history of this State. This does not, of course, mean that they are yet adequately financed. I am glad, however, that the present administration, with the cooperation of the General Assembly, has done more for the cause of public education than any other administration in the State's history in a comparable period.
From a total appropriation of $37,250,000 for common school education during the last fiscal year of the preceding administration, we have increased this amount to $50,700,000 for the present fiscal year. This is an increase of approximately $13,450,000 and is a splendid step toward financing the Minimum Foundation Program for Education. As stated on numerous occasions I would like to see as soon as feasible and possible, sufficient revenue made available for education to provide the full amount called for in the Minimum Foundation Program for Education Act which was passed by this General Assembly of Georgia in February of 1949.
We have given our school teachers on a state-wide basis a flat across the board 10% increase in the State salary schedule. We have also provided our school bus drivers with $1,200,000 additional money for increasing their salaries. We have also increased funds for Vocational Education and for other needed school purposes.
I am happy to report that our school systems are operating on a sounder basis than ever before in the history of the State. Not a single school was unable to open in September of last year. County newspapers throughout the State have reported through their columns that their faculties are the most capable in history and are working in good spirits.
Georgia's program of education for veterans has been trebled since the inauguration of your present State administration. The institutional on-the-farm training program has grown from an enrollment of about 12,000 in July 1948 to more than 20,000 at the present time. Including those that have completed or used up their entitlements for training, approximately 30,000 Georgia veterans have received training in institutional-on-farm training. The vocational education service of the State Department of Education, the Veterans Service Department, and the local school officials of this State are to be commended for the whole-hearted manner in which they have worked together in providing veterans with opportunities for training. We are proud of the record that is being made and we are confident that before the period for enrolling expires that every veteran desiring training will have opportunity for it.
Georgia led the nation in developing what is known as the Adult Academic Program of Education for Veterans. In this program veterans are taught reading, writing, arithmetic and other subjects to help them obtain the tools of learning. Today more than 10,000 veterans are enrolled in this program and the enrollment is increasing daily. This program is so operated that it provides general academic training for veterans from the first grade through high school.
An additional 10,000 Georgia veterans are enrolled in public and private trade schools. They are receiving training to fit them for useful and profitable employment in the rapidly increasing industries of this State.
We now haove more than twice as many Georgia veterans enrolled in institu-

860

JOURNAL OF THE SENATE,

tiona} training of less than college grade than we had when this administration was inaugurated. I am glad we have been able to make such splendid progress with the several training programs for veterans.
The present administration believes Georgia veterans should be honored in both word and deed. We have striven throughout every day to practice this precept. The stepped-up programs for veterans which I have discussed with you are bringing in approximately $2,500,000 per month in subsistence payment benefits. This money would have been completely lost to many of our Georgia veterans had not this General Assembly and the present administration bestirred themselves to provide training facilities where our veterans might go to school and draw these payments.
Another fine thing which we have done for the veterans of this State and which has won their appreciation, is awarding them, or their widows, free, honorary drivers' licenses for life. This was one of the principal planks in my campaign platform and will amount to a substantial saving to each veteran over a period of several years, and will forever free us from having to stand in line to get our driver's license renewed.

From November 18, 1948 to December 21, 1949, we have chalked up an outstanding record in our State Highway Department for honest and efficient operation. Roads completed, roads now under construction and roads for which contracts have been let during this period, total in excess of $25,000,000 for an aggregate construction mileage of 1,217.
During this same period we have allocated over $6,000,000 for badly needed maintenance on our highways, which were neglected during the war and the years that immediately followed. We are carrying out the greatest maintenance and repair program in the history of the State. We are using new repair techniques, and for the first time concrete is being utilized to repair concrete instead of smearing asphalt over the holes as was the custom in the past. Center lines are being repainted and bridges are being repaired and widened. Shoulders are being smoothed up and drainage is being provided to keep winter ice from damaging the roads. The total mileage of special maintenance, such as, re-topping and re-surfacing already done by the present administration is 236 miles. This far exceeds the total of 179 miles done by the preceding administration during the period April!, 1947 to October 31, 1948. We have succeeded in reducing the average cost of construction per mile of secondary roads from around $16,000 per mile to $9,000 per mile.

Penal and corrections administration in Georgia is at an all-time high for efficiency. The construction of the new prison for incorrigibles at a rock deposit near Buford in Gwinnett County will be completed within 60 to 90 days, and will be able to accommodate 125 prisoners.
Through economies and more efficient management the Georgia State Prison at Reidsville has been able to operate more efficiently and render more service to the State with an appropriation of approximately $200,000 less than it has had for several years. While doing so, the number of prisoners also has increased by several hundred.
Our prison population under the present administration is being better fed, better cared for, and their morale is higher than ever before. We can safely say that no other state does more with and for prisoners than does Georgia.

MONDAY, JANUARY 16, 1950

861

The Statewide forestry protection program, inaugurated through your cooperation, has increased the number of counties under protection from 38 to 79. This was made possible by trebling the appropriation to the Forestry Department from $250,000 during the last fiscal year of the preceding administration to $775,000 during this fiscal year.

We are doing more than has ever been done on an organized basis to replenish and conserve our wildlife resources in Georgia. The number of our rangers has been increased from 74 to 120, in an all-out effort to protect our wildlife resources in the State.

Another thing which this administration has done which has attracted much favorable comment here and even over the nation, is our safety education and driver training program for our young people. We now have 10 competent men working full-time at this task, when no more than 2 had been assigned to such duty during any preceding administration. This has been largely responsible for a decrease of 12 per cent in Georgia traffic fatalities last year.

Construction of new farmers' markets and additions to existing markets have already been contracted for out of a $500,000 appropriation you made this year. Atlanta, Cordele, Jesup, Thomasville, Tifton and Vidalia have benefited from this appropriation. Other market improvements at Columbus, Macon, Savannah and Augusta are in the planning stage.
Three more items of benefit to our farmers were the allocation by me of $50,000 from the State Emergency Fund to the Board of Regents for building a new diagnostic laboratory at the Coastal Plains Experiment Station in Tifton. It will be used for diagnosis of animal diseases and in furthering our rapidly expanding livestock industry. Another emergency allocation of $15,000 was made to the School of Animal Husbandry for use in buying cattle for experimental purposes, and allocation of $25,000 to be used in furthering soil conservation.
Last January, at the request of the administration, you enacted legislation which materially increased benefits to the working men and women of our State under our Workmen's Compensation laws. Substantial increases in the amounts paid for total incapacity, partial incapacity, last sickness and funeral expenses, as well as medical treatment will be a big help to the laboring man and his family in time of need.
There is now pending before this General Assembly a bill, which if enacted, would materially benefit Georgia employers and employees. It would benefit them in this manner. It would benefit employees by raising the amounts and length of time unemployment compensation is paid them during periods of unemployment. It would benefit our employers by lowering the amounts of payroll tax they have to pay for this purpose.
Under our existing laws employers pay unemployment compensation tax on their payrolls in amounts ranging from one-half of 1 per cent to 2.7 per cent. The percentage payment varies with the unemployment experience rating of each individual business. The money they pay goes into a special Federal treasury fund. The Georgia Department of Labor now has to its credit in the Federal Treasury for payment of unemployment benefits to Georgia workers, $102,500,000.
This money can be used for no other purpose.

862

JOURNAL OF THE SENATE,

Our reserve is now sufficient to permit us to amend our law thus increasing amounts of unemployment compensation paid per week to unemployed Georgia workers and increasing the maximum number of weeks these benefits can be paid. We also have enough reserve to lower the percentage payment required of Georgia employers. We can do all of these things and still carry to our credit in Washington an ample amount for protection during any extreme times of unemploy-
ment.

The Department of Commerce, created by you last January, in carrying out our campaign commitments to the people, has done much to stimulate and coordinate industrial and commercial efforts on the part of our local communities. It has inaugurated a progressive program for the development of tourist attractions, which has received statewide cooperation.
Other accomplishments, with your cooperation, include extension of the Merit System to the Highway Department, eleemosynary institutions, Public Service Commission and State Patrol; provision of a voluntary retirement plan for State employees, covered by the Merit System; financing a 50 per cent increase in pensions paid to widows of Confederate Veterans; reactivation of the Stone Mountain Authority with a view towards completing a memorial to the Confederacy and building a great park; and others too numerous to mention.
At this session of the General Assembly, the administration will have a number of important items of legislation which it will sponsor vigorously for the best interests of our people. I should like to discuss the more important pieces of legislation which will be offered by our leadership in the House and Senate.
Taken altogether, these approximately 20 bills form a constructive program, when carried out, will bring marked improvement in some of the important functions of our government.
Early in the year 1948, I issued a public statement to the press, expressing the need for a Constitutional Highway Administration to prevent a tecurrence of the abuses which were then prevalent in our State Highway Department.
This public statement was later incorporated into my campaign platform, and made one of the principal issues in the gubernatorial campaign. We promised the people that we would try to remove the Highway Department from partisan politics, and from the threat of the dissipation of road funds for political purposes.
Our State Highway Department, at the present time, under the capable and competent direction of Hon. Jim L. Gillis, is operating at the highest degree of honesty and efficiency in the history of our State.
The administration plan for a Constitutional Highway Board which will be offered here is the result of months of painstaking study of the State Highway Departments of California, Colorado, Oklahoma, Michigan, New York, New Jersey, Connecticut, Virginia, North Carolina, Florida, South Carolina, Iowa and Texas. They have all been studied carefully, and what we will present to you is our conception of an ideal plan for Georgia. It calls for a five-man Constitutional Commission appointed by the Governor, subject to confirmation by the State Senate. It incorporates the better features of highway plans in states whose road programs are cited as exemplary. It will insure a continuity of sound highway policies. It will be free of political interference. It will be constructive, honest

MONDAY, JANUARY 16, 1950

863

and efficient, and will attract talented and able men to careers in public highway service. It will win public confidence and support thus making possible the execution of a long-range highway plan in this State.
Members of the State Highway Commission should be appointed by the Governor, subject to confirmation by the Senate, on the basic principle that the responsibility should be clearly located and periodically accountable to the people, which it should always serve. The Governor is charged by the people with the duty of getting things done, and also is held accountable, rather effectively at election time, for the proper or improper use of his executive powers.
The Governor is directly responsible to the people for properly supervising the executive functions of the government. Every department of the executive branch is now directly responsible to the people, the General Assembly and the Governor. The Chief Executive of the State cannot carry out his oath of office and properly perform the duties required of him by the people when any subdivision of the Executive Branch is removed completely from his control. The relatively long term of the board members, and participation in appointment by the Senate, constitute a reasonable safeguard against any one Governor unduly leading the State Highway Commission.
Since it was created some 30 years ago, the State Highway Department has been kicked and battered around the political arena. It has been the cause of bickering and dissatisfaction over the location of roads. Counties have been arrayed against counties. Local communities have been split asunder. Negotiated road contracts, favoritism, paying political debts and other things have plagued our State.
The Constitutional Amendment which we will present has been drawn, not with any partisan view in mind, but to endure for the ages. If you submit it to the people, they will approve it overwhelmingly, and you will have left a great indelible imprint of highway progress in the Constitution of our State for generations yet to come. I ask you to help me keep my promise to the people in this regard.
Another important measure which will be presented to you is the one creating a Department of Institutions for Georgia to be operated under a 15-member board of trustees, who shall have authority to select a director.
I am convinced that if this bill is enacted all of our eleemosynary institutions can be operated more economically and more efficiently. Considerable savings could be effectuated through joint purchases of supplies and a more uniform application of efficient operating techniques.
As in the case of our proposed Constitutional Highway Commission, many months of study and preparation have gone into the presentation of this proposed legislation. Among other things, the bill will provide for a system of rotating medical and dental internes among the various institutions covered by the bill. This will not only mean better professional care for the patients and inmates, but it will afford excellent training for our young doctors and dentists during their interneships. This bill will be effective January l, 1951, and I sincerely hope that this General Assembly will see the merit in its enactment.

Last January, this body passed legislation providing for free drivers' license privileges to all honorably discharged veterans of the armed forces with more than 90 days service. This bill needs to be amended at this session in several minor particulars. For instance, it is my belief that the 90-day requirement

864

JOURNAL OF THE SENATE,

should be stricken. A large number, or perhaps the greatest number of our Georgia veterans with less than 90 days service, were given medical discharges for some injury incurred in service, or some disability aggravated by the training period. It is not right to deny a veteran with less than 90 days service a free driver's license where he might have been injured training himself to defend his country which resulted in a medical discharge. Veterans of the Spanish-American War and those who served in the Merchant Marine within a war period as defined by Public Law No. 2 of the 73rd Congress and Public Law No. 346 of the 78th Congress, should also be extended the privilege of a free driver's license. All of us are familiar with the hardships and disease which confronted our SpanishAmerican War veterans, and we certainly remember the fine job done by our Merchant Marine in the North Atlantic and in the Pacific during the recent war. You will have a bill to extend this privilege to them, and I hope that you will give it your favorable consideration.

Another bill in which the administration is vitally interested is the bill you have now pending before you providing a pension program for the peace officers of our State. It has been introduced by Representative Frank Gross of Stephens County, and has my sympathetic support and active cooperation.
I know that many of you in time past have had friends who were either city policemen, sheriffs or some other peace officer; I know that you all can remember when one of them was shot down at night while trying to make an arrest. It is also remembered how the hat was passed the next morning to bury "good ole' Bill." We remember the hardships of the widows in trying to raise their families after loss of the breadwinner.
This plan is simple and will not cost the State one dime. It provides for a $1.00 assessment on each fine to be paid by those who violate the law. I do not see how in the world anyone could conscientiously oppose it.

A bill affecting our farmers is offered by the administration amending the present Motor Fuel Tax Refund Law for farmers so as to cover contract work done by a farmer for his neighbors. This bill will make the refund provision apply to fuel used for this purpose, thereby reducing the cost of tractor work done for the small farmer who is not able to buy his own tractor.
Other major items of legislation to be offered by the administration include authorizing the entering into of a pact between the State of Georgia and other states for a mutual parole and probation effort; an act to give the Governor similar authority now possessed by judges, sheriffs, town marshalls, chiefs of police, etc., to order the G. B. I. to investigate law violations in Georgia where the public interest demands such action, and several others.
Now, before I go into discussion of taxation and finances, I want to issue a warning which I would like to have carried back to every man, woman and child in Georgia.
While there is good news all over the State, there are sinister forebodings for our future coming from Washington, our nation's capitol.

MONDAY, JANUARY 16, 1950

865

We people of Georgia, in this era of our greatest advancement, and the people of all the Southern States, are facing the most dangerous threats to our way of life since the dark and desperate days of reconstruction.
Presently pending in the Supreme Court of the United States is an action brought by the Attorney General asking that the long established doctrine of "separate but equal" be overturned. The contention is that no matter how equal facilities might be that the fact that they are separate makes them "unequal." National party leaders have also announced that they will press for passage of an FEPC Bill and Anti-Poll Tax Law. The FEPC is designed to force a mixing of the races on all levels of employment in our factories and in our business houses. The proposed Anti-Poll Tax Bill does not affect us here in Georgia, but the principle involved does concern us. The sovereign right of every State to levy taxes has never before been questioned.
The tragedy of all this is that the present time relations between the two races in Georgia are by far the best that have existed in our State since the end of the War Between the States.
Our sensible white leaders and negro leaders are striving in many ways to bring about better living conditions for all the people under our traditional pattern of segregation-this in spite of despicable and irresponsible interference from people outside our State.
As far back as 1870 this General Assembly of Georgia passed laws providing for segregation of the races. As long as I am Chief Executive of your State, and as long as these segregation laws remain on our statute books, they will be enforced at all hazards.
I fear that the time will soon be at hand, my friends, when we will have to take our stand and draw the line.
So, I say to you-let us cherish those sacred principles for which our forefathers shed their blood on a thousand fields of honor. Let us perpetuate those concepts in the same spirit of sublime courage our heroes in gray exemplified from the glorious triumph at Bull Run to the dark and tragic hours of Appomattox. Let us keep our hearts and minds exalted and let us conform to those eternal truths symbolized by the sword of Robert Lee.
Now, let's talk about our problems of finance and taxation.
A study of the deliberations of the Tax Revision Committee, as contained in the minutes, show that the departments of our State government are operating at the highest degree of efficiency in history. Only an isolated instance or two were found where any appreciable savings could be effectuated and these were theoretical. Testimony before the Committee revealed that 95 per cent of all income accruing to the State of Georgia is being channeled to the vital functions of health, education, public welfare and highways. Dr. Collins, Dr. Sellers, Mr. Gillis and Judge Kemper all gave good accounts of the operation of their departments.
Other agencies were examined and it was quite evident that they, too, were making use of their appropriations in giving needed services to the people.
There are some who have tried to sell the people of Georgia on the false proposition that most of our present tax laws are archaic, antique and out of date. They frequently resort to such stereotyped terms as "hodge-podge" and "antiquated" in comparing our tax system with that of North Carolina which they hold up as a shining example of "streamlined efficiency." A study of the

866

JOURNAL OF THE SENATE,

revenue laws of that State reveals that North Carolina has an identical tax structure with Georgia except that they also have, in addition to what we have-a three per cent sales tax, a six per cent gross receipts tax on public utilities and a higher income tax.
Another fallacious argument advanced by those who are eager to saddle burdensome and oppressive taxation on our people is the low amount of tax per capita paid by Georgians as compared with the totals paid by citizens who reside in far richer states. On making this comparison they do not stop to point out that the average incomes in these other states are twice and three times that in Georgia.
Our general tax laws have been evolved over the years and a great deal of thought has gone into their enactment. Some of them ought to be amended while others need to be clarified or repealed entirely. There are same inequities in the present tax laws of Georgia, particularly in the income tax field, which can be easily corrected through minor revision.
The administration will offer a bill at this session of the Legislature designed to correct these inequities and to equalize present income tax laws. It will not materially affect revenue received from this source. Examples of some of the changes proposed are provision of a $2,500 exemption to the head of a family. An unmarried person maintaining a home with one or more dependents should, in fairness, be entitled to the same treatment as a married person. Also provision is made for the deduction of charitable contributions and medical expenses, as well as a modification of penalties for delinquent returns and other minor changes to make our state income laws correspond to the federal income tax laws. This proposal will go far toward eliminating existing hardships.
The so-called "nuisance" taxes which produce very little revenue and cost much to collect should be repealed. These bothersome license, professional and privilege taxes, which total in excess of a hundred, are levied on practically every pursuit, calling, business, corporation, trade and profession in the State of Georgia. I have had business people to tell me that they lived in constant dread of tax collectors hitting them for several back years when they didn't even know they owed them. The administration will sponsor legislation repealing all of these myriad taxes, which bring in scarcely over $1,500,000 yearly, the repeal to be effective January 1, 1951.
One of the most complex problems in our whole tax structure is that of ad valorem or property taxation. The greatest difficulty among the several counties of the State is in attaining a uniformity of assessments. Other states who have had this same trouble have sought to meet it by widely differing methods, some of which have been effective, while others have been of little benefit. I recommend to the General Assembly that a constitutional amendment be proposed to the people at the general election in November completely withdrawing the state from the ad valorem field and leaving this source of revenue entirely to counties and cities. This reform has been widely endorsed and has the approval of the County Commissioners' Association of Georgia, who have adopted resolutions urging this step be taken.
The present homestead exemption law has presented quite a revenue problem to some of our counties. The fault lies primarily with evils of administration rather than defects in the law itself. No one as yet has come forward with a sound or constructive solution to this problem. The present administration opposes any attempt to repeal, modify or reduce the homestead exemption law as it exists today.

MONDAY, JANUARY 16, 1950

867

Some have recommended that the State Revenue Commissioner or other state authorities assume final and complete jurisdiction over the assessing of property for ad valorem purposes. It has also been suggested that separate digests might be maintained. All of this, of course, is impractical and we should not even waste our time considering it.
It has even been suggested by at least one official testifying before the Tax Revision Committee that the arbitration feature in our assessment laws should be eliminated. I do not believe that the General Assembly can agree with this view because the taxpayer is certainly entitled to his day in court. If the arbitration feature were eliminated this would have the effect of shutting off any real appeal available to the taxpayer.
There have been proposals that the state should enter either or both the wholesale and retail end of the alcoholic beverage business, with a state monopoly system. Such,proposals seems to be very unwise. Particularly in view of the fact that we collected out of taxes and warehouse charges on liquor for the fiscal year ending June 30, 1949, over $9,500,000, while our cities and counties received another $4,200,000 from this source.
The present administration adheres to the tenets of free enterprise and local self-government and for that reason would not be willing to support a movement to place the state in any kind of business. Moreover, we believe it would be unwise for the General Assembly to risk diminishing the substantial amount of revenue we are now receiving from this source through an experiment in monopoly control.
There has been some suggestion that we should raise the rate or lower the exemptions on state income tax. The income tax field is one that the Federal government has largely appropriated to itself. Any increase on the state level would approach confiscation. The Federal government has reached the saturation point and is collecting more than the traffic would normally bear. We cannot compound that saturation.
Governors since the state was founded have been plagued upon coming into office with a heavy bonded indebtedness. The inflated war economy made it possible for the state to finally pay off all its bonded indebtedness and take care of its current obligations. It is the present administration's policy to keep it that way.
In July of 1949, there existed an emergency in the schools of the state, the welfare program, rural roads and eleemosynary institutions. To meet this emergency, I summoned an extraordinary session of the General Assembly which promptly raised twenty million dollars in new taxes.
The welfare program, the eleemosynary institutions, the common schools of the state are now in better condition than at any time in the history of the state. They are now spending more money than ever before, and are rendering more services for the people than at any other time.
Farming conditions in Georgia in 1949 have been extremely bad. We had the worst cotton crop in 26 years. Many other farm crops were equally as bad. Unemployment is increasing and business profits are decreasing. The Federal government is operating at a deficit to the extent of approximately five billion dollars annually. Federal taxes alone in Georgia amount to approximately five times state expenditures. Now is no time to put additional handicaps on business, farming and labor by additional taxes.
I am not in favor of any increase or additional taxes at this time.

868

JOURNAL OF THE SENATE,

The Tax Revision Committee will submit to you in the form of bills, committee recommendations for revisions in our existing tax laws. No man can say with any degree of accuracy what our income will be after their adoption whether in whole or in part. Certainly, we should accomplish everything possible through tax revision before resorting to any new or additional sources of taxation. If the General Assembly enacts the simple recommendations which I have outlined to you and takes such further action as it deems necessary to equalize, clarify and strengthen our state's tax laws, I believe we will have made a decisive step in evolving a sound and efficient tax structure. In effectuating this program, you will have the distinct honor of being the first General Assembly ever to repeal any appreciable number of taxes.
My friends, we are making unparalleled progress in our state government today. We are forging ahead with all sails unfurled. We are building new hospitals, improving our institutions, constructing trunk highways and rural roads, we are carrying out the greatest maintenance program in history, we are adding numerous services to our veterans, old people, dependent children, and have brought our school system to the highest state of efficiency in history.
We have placed the needs and wishes of the people above all other considerations. This great record has been achieved through unity of action on your part, and in close cooperation with the executive branch. Let us continue this golden era by the fusion of all our efforts to build a bigger and better state.
Let us wage an active fight to build right here in Georgia a state that yields to no other in its progressive spirit, in its high ideals, in its industral strength, in the tough moral fibre of its people, and in the deep spiritual feeling which imbues its citizenship.
Let us unite as never before, and with the help and guidance of Almighty God, let us build here, for ourselves and generations yet to come, a land of plenty, .a land of hope, a land of manifold blessings, and above all, a land of perpetual liberty and freedom.
Mr. Twitty of Mitchell moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The Senators returned to the Senate Chamber and were called to order by the President.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, JANUARY 17, 1950

869

Senate Chamber, Atlanta, Georgia. Tuesday, January 17, 1950

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, Rev. Blake Craft.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 Senate and House bills. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. 7. The president being granted the right to call up any bill or resolution on the calendar as he may desire. The consent was granted.

The following resolutions were read and adopted:

SR 60.

By Senators Purdom of the 46th and Pilcher of the 19th:
A resolution to clarify and express the intent and purpose of the State Senate and House of Representatives in adjourning on February 19, 1949; and for other purposes.

SR 64.

By Senator Cochran of the 7th:
A resolution commending Hon. Ben W. Fortson for his efficient efforts in providing the Senate members with supplies and revising the sound system; and for other purposes.

Senator Purdom of the 46th asked unanimous consent that the following bill be recommitted to the Committee on General Judiciary:
SB 20. By Senators Rich of the 8th, Zellner of the 22nd, Gholston of the 30th, and Mason of the 28th:
A bill to authorize the Georgia Public Service Commission to prescribe uniform regulations for safety in the design, construction, location, installation, and operation of equipment for storing, handling and transporting liquefied petroleum gases; and for other purposes.
The consent was granted.

870

JOURNAL OF THE SENATE,

The following bills and resolutions were read the first time and referred to the committees :
SB 161. By Senator Harrison of the 17th:
A bill to provide for penalties for violation of rules and regulations made by the State Board of Health; to repeal all conflicting laws; and for other purposes.
Referred to Committee on Public Health.

SB 162. By Senator McCoy of the 4th:
A bill to provide for the collection and safe keeping and accounting for fines and forfeitures received by the ordinaries in the County of Charlton; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 163. By Senator LeCraw of the 52nd:
A bill to extend the state merit system act to include the employees of the State Military Department; and for other purposes.
Referred to Committee on Military Affairs.

SB 164. By Senator Jones of the 38th:
A bill to amend the motor common carrier act of 1931, to provide for a charge of one half fare for transportation of passengers where no seat is available in the bus for the use of such passenger; and for other purposes.
Referred to Committee on Motor Vehicles.

SB 165. By Senator Jones of the 38th:
A bill to amend the motor common carrier act of 1931 by providing that Georgia citizens, companies and corporations, shall be given preference over foreign companies and corporations in the issuance of certificates of public convenience and necessity; and for other purposes.
Referred to Committee on Motor Vehicles.

SB 166. By Senator Tarver of the 48th:
A bill to amend an act approved March 9, 1945 (Ga. Laws 1945, page 362-66) as amended creating the office of the judge of the superior court emeritus by striking the words "continuous and continuously" wherever the same may appear in said act; and for other purposes.
Referred to Committee on General Judiciary.

.SB 167. By Senator Tarver of the 48th:
A bill to amend an act approved March 9, 1945 (Ga. Laws 1945, page 362-66) as amended creating the office of judge of superior court emeritus to amend section 5 so that the judge of the superior court emeritus shall

TUESDAY, JANUARY 17, 1950

871

be prohibited from practicing law in any state court or United States court held in the State of Georgia; and for other purposes.
Referred to Committee on General Judiciary.

SB 168. By Senator LeCraw of the 52nd:
A bill to postpone the effective date of the voters registration act approved Feb. 25, 1949 (Ga. Laws 1949, p. 1204) to the general election of 1952; and for other purposes.
Referred to Committee on General Judiciary.

SB 169. By Senator Cochran of the 7th:
A bill to extend the provisions of the merit system act to include employees of the State Department of Entomology; and for other purposes. Referred to Committee on Public Health.

SB 170. By Senator Land of the 51st:
A bill to amend the act creating a municipal court in and for the City of Macon and the acts amendatory thereof so as to change the name of the municipal court of the City of Macon to the Civil Court of Bibb County; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 171. By Senator Land of the 51st:
A bill to amend an act creating a municipal court of the City of Macon and the acts amendatory thereto so as to change the name of to the Civil Court of Bibb County and provide that the salary of the judge of the Civil Court of Bibb County; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 172. By Senator Smith of the 37th:
A bill to repeal Code section 32-104, as amended, fixing the eligibility of members of the Board of Regents and substituting a new section to define the eligibility of members ; and for other purposes.
Referred to Committee on University System of Georgia.

SB 173. By Senator Foster of the 40th:
A bill to authorize and empower the director of the State Game and Fish Commission to make and enter into agreements with North Carolina authorities whereby current fishing license will be accepted and honored reciprocally on Lake Chatuge; and for other purposes.
Referred to Committee on Game and Fish.

SB 174. By Senator Zellner of the 22nd:
A bill to amend the charter of the City of Forsyth to authorize the city to close a portion of College Street; and for other purposes. Referred to Committee on Municipal Government.

872

JOURNAL OF THE SENATE,

SB 175. By Senators Pittman of the 42nd and Foster of the 40th:
A bill to repeal an act prohibiting any person from carrying a pistol or revolver without first having obtained a license from the ordinary of the county in which he resides; and for other purposes.
Referred to Committee on General Judiciary.

SB 176. By Senator Overby of the 33rd:
A bill to effect a complete revision of all and singular the laws of this state dealing with registration and qualification of voters; provide for a permanent registration; and for other purposes.
Referred to Committee on General Judiciary.

SB 177. By Senator Pilcher of the 19th:
A bill to amend an act approved February 17, 1949 (Ga. Laws 1949, pages 780-784) entitled "An act to provide for the creation of the office of solicitor general emeritus; prescribe eligibility for incumbents, terms, duties and compensation; create solicitor's general retirement fund of Georgia; provide trustees thereof; provide payments into and disbursements from said"; so as to clarify said act; and for other purposes.
Referred to Committee on General Judiciary.

SB 178. By Senator Pilcher of the 19th:
A bill to amend an act approved March 9, 1945, as amended (Ga. Laws 1945, page 362-66 (Ga. Laws 1946, pages 228-230) entitled "An act to provide for the creation of the office of judge of the superior court emeritus; to prescribe eligibility for incumbents; provide terms, duties and compensation; create a retirement fund for superior court judges of Georgia; provide trustees"; and for other purposes.
Referred to Committee on General Judiciary.

SB 179. By Senator Overby of the 33rd:
A bill to amend section 15-302, Code of Georgia of 1933, relating to the cession to the United States of exclusive jurisdiction in and over lands acquired by the United States; and for other purposes.
Referred to Committee on State of the Republic.

SB 180. By Senator McCoy of the 4th:
A bill to create and establish a new charter for the City of Folkston; to increase, enlarge and define the corporate limits thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Municipal Government.
SB 181. By Senator Overby of the 33rd:
A bill to repeal the act creating juvenile courts in certain counties, approved August 16, 1915 (Ga. Laws 1915, page 35) as amended all of

TUESDAY, JANUARY 17, 1950

873

which acts are codified as chapter 24-24 of the Code of Georgia; and for other purposes.
Referred to Committee on General Judiciary.

SR 61. By Senator Harrison of the 17th:
A resolution authorizing the Governor, acting for and on behalf of the State of Georgia to execute a deed to the United States of America for a certain tract of land of the State of Georgia containing approximately 106.89 acres and located in Jenkins County, and a part of Magnolia Spring State Park to be used by the United States Department of the Interior, Fish and Wild Life Service for the purpose of constructing and maintaining buildings and other structures for conservation purposes on said land; and for other purposes.
Referred to Committee on Game and Fish.

SR 62. By Senators LeCraw of the 52nd, Turner of the 34th, Pittman of the 42nd, and Eve of the 18th:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution by reinstating paragraph IV, section I, of article V of the Constitution of the state relating to the election of the Governor and the procedure and method of counting the votes; and by eliminating a proposed substitute therefor; and for other purposes.
Referred to Committee on Amendments to the Constitution.

SR 63. By Senator Davis of the 27th:
A resolution that the tax revision committee be dissolved; and- for other purposes.
Referred to Committee on State of the Republic.

SR 65. By Senator Pilcher of the 19th:
A resolution requesting and authorizing the Secretary of State to include in the number of loose leaf sections printed of the laws passed, a sufficient number in the total amount printed, to be sent to the lawyers of the state and other public officials; and for other purposes.
Referred to Committee on State of the Republic.

SR 66. By Senator Turner of the 34th:
A resolution authorizing the Governor to act for and on behalf of the State of Georgia to sell and dispose of a certain tract of land located in the 18th land district of DeKalb County, Georgia, and being in land lot numbers 231, and 232 of said district owned by the state and known as the DeKalb County game farm; and for other purposes.
Referred to Committee on Game and Fish.

SR 67 By Senator Lunsford of the 9th:
A resolution to rescind the "Humber" resolution known as resolution No. 69 of 1946; and for other purposes.
Referred to Committee on State of the Republic.

874

JOURNAL OF THE SENATE,

SR 68. By Senator Saunders of the 25th:
A resolution authorizing the execution of easement on a certain tract of land located in Harris County and known as Pine Mountain Park; and for other purposes.
Referred to Committee on State of the Republic.

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 138. Do Pass.
SB 157. Do Pass.
Respectfully submitted,
Smith of 37th District,
Chairman
The following bills of the Senate; favorably reported by the committees, were read the second time :
SB 138. By Senators Purdom of the 46th, Wright of the 5th, Roddenberry of the 3rd, and McCoy of the 4th:
A bill to provide an increase in salary of the court reporter of the Waycross Judicial Circuit; and for other purposes.
SB 157. By Senator Harrison of the 17th:
A bill to provide for the distribution of surplus funds in the fine and forfeiture fund of the superior court of any county having a population of not less than 7,128 and not more than 7,400 to be divided one third to the clerk of courts, one third to the sheriff, and one third to the county; and for other purposes.
The following general bills of the Senate and House were read the third time and put upon their passage:
SB 107. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act approved August 8, 1924, entitled an act to revise and amend the game and fish laws of the State of Georgia, to create a State Board of Game and Fish and a tidewater commissioner, to repeal conflicting laws; to provide for compensation of the commissioner and members of the board; to provide for county game commissioner and members of the board; to provide for county game and fish wardens and tidewater patrolmen and inspectors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, JANUARY 17, 1950

875

On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 108. By Senators Land of the 51st and Smith of the 37th:
A bill to amend section 17 of the act approved August 8, 1924, relating to game and fish and creating a state board, a state commissioner, a tidewater commissioner, wardens, etc., and striking section 37 of Georgia laws 1937 in its entirety and inserting in lieu thereof another section providing that there shall be a tax on oysters; and for other purposes.
The report 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 constitutional majority, was passed.

SB 126. By Senator Clary of the 29th:
A bill to amend an act approved March 30, 1937 (Ga. Laws 1937, pages 690, 696) by repealing section 4 and substituting a new section to provide a person may make application for group hospital service without regards to his or her place of residence; and for other purposes.
Senator Clary of the 29th offered the following substitute:
A BILL
To be entitled an act to provide for the chartering of non-profit corporations to be organized for the purpose of establishing, maintaining, and operating non-profit hospital service plans under which hospital care may be rendered by licensed hospitals; to authorize such corporations to act as agents for surgical plans or medical plans; to provide for the method of operation of such corporations; to provide for the supervision of such corporations and of their contracts and rates by the Insurance Commissioner of the State of Georgia; to provide that such corporations shall be classed as charitable and benevolent organizations; to provide for nonprofit hospital service corporations now organized and operating in this state to be under and subject to the provisions of this act; to repeal the "Hospital Service Non-profit Corporations Act of 1937" as amended and such other laws as may be in conflict herewith; 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. INCORPORATION. Any three or more persons upon petition to the superior courts of this state for a corporate charter, as provided in the "Corporation Act of 1938", and amendments thereto, may be incorporated for the purpose of establishing, maintaining and operating a non-profit hospital service plan whereby hospital care may be provided by said corporation through an established licensed hospital or licensed hospitals with which it has contracted for such care, as is hereinafter defined.
Section 2. APPLICATIONS FOR MEMBERSHIP. Such corporations when organized shall be authorized to accept applicants, who may

876

JOURNAL OF THE SENATE,

become members of said corporation furnishing group hospital service under a contract, which shall entitle each member to such hospital care for such period of time as is provided therein.

Section 3. CORPORATIONS NOT INSURANCE COMPANIES; NO BOND OR DEPOSIT REQUIRED. Such corporations shall be governed by this act and shall not be construed as being engaged in the business of insurance under the laws of this state. Such corporations organized and operating under the provisions of this act shall not be required by any department of this state to post bond, or put up deposits with any department of this state to begin and/or operate under this act, and the provisions of chapter 56-3 are hereby declared inapplicable to corporations organized and/or operated under this act.

Section 4. CORPORATIONS TO BE NON-PROFIT ORGANIZATIONS. Such corporations shall be governed and conducted as non-profit organizations, for the purpose of offering and furnishing hospital service to their members in consideration of the payment by such members of a definite sum for the hospital care so contracted to be furnished. In order to implement the distribution of voluntary health care to the people of this state, such corporations may, at their discretion, act as agent for surgical and/or medical service plans operating in this state, providing that contractual arrangements for such service be first approved by the Insurance Commissioner. The necessary expenses of administering the affairs of said corporations may be paid from the dues or payments collected.

Section 5. AUTHORITY OF CORPORATIONS TO CONTRACT. Such corporations shall have the authority to contract with hospitals charging for services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such hospital care as may be agreed upon in the contract between said corporation and said member, with the right of said corporation to limit in said contract the type of diseases for which it shall furnish or pay for hospital care in any hospital. Hospitals so contracted with shall be known as participating hospitals.

Section 6. EXTENSION OF SERVICE. All membership contracts

issued by such corporations shall contain a provision, to be first approved

by the Insurance Commissioner, which shall permit the person with whom

made, and all persons entitled to hospital service thereunder, the right to

receive hospitalization either in ordinary or in emergency cases, at any

non-participating licensed general medical hospital selected by such per-

son which has been approved according to this act; and such hospital

shall be paid by said corporation a charge or rate for hospital service,

not to exceed the rate provided for in contracts of said hospital service

corporation for non-participating hospitals. This section shall not restrict

the right of such corporations, in their discretion, to extend this same

rate to persons entitled to hospital service in non-participating hospitals

other than general medical hospitals.

'

Section 7. IMITATION UPON AUTHORITY TO CONTRACT AND OPERATE. Said corporations shall have authority to contract with only hospitals licensed by the State Board of Health.

Section 8. PROVISION AGAINST ATTEMPTING TO CONTROL RELATIONS BETWEEN PATIENT AND PHYSICIAN. Such corporation shall not control or attempt to control the relationship existing be-

TUESDAY, JANUARY 17, 1950

877

tween the member and his physician and shall not restrict the right of the patient to obtain the service of any licensed doctor of medicine; and any hospital which shall contract with such corporation for the furnishing of hospital care, shall accept a member or subscriber of such corporation with the physician of his choice in charge of his treatment at such hospital provided such acceptance is in conformity with the hospital's regular rules of admission, and further provided that such physician is otherwise acceptable for practice in said hospital.
Section 9. PERSONNEL OF DIRECTORS. At least a majority of the directors of such corporation must be at all times directors, superintendents, or trustees of hospitals, as herein defined, which have contracted or may contract with such corporation to render its subscribers hospital service.
Section 10. SUPERVISION OF RATES. Such corporations shall, before accepting applications for membership in said non-profit hospital service plan, submit to the State Insurance Commissioner a plan of operation and overhead expenses, operation cost, salaries paid or to be paid during any current year, together with a schedule of its rates or dues to be charged and the amount of hospital service contracted to be rendered; which plan, rates and amount of service shall first be approved by the Insurance Commissioner as fair and reasonable before said corporation shall engage in business.
Section 11. APPROVAL OF RATES. The Insurance Commissioner shall likewise first approve the rates of payment to be made by said corporations to hospitals for the rendering of hospital care to the members of said corporation as being reasonable and just. Said hospitals shall guarantee the benefits of the certificates of membership issued by the corporation in such a way as will be satisfactory to the Insurance Commissioner.
Section 12. MEMBERSHIP CERTIFICATES. Every such corporation shall issue to its members certificates of membership which shall set forth the contract between the corporation and the member, and give the name or names and location of hospital or hospitals with which the corporation has contracted for service to its members, and the period of such service; and the rate per day or week payable by said corporation for hospital service rendered to said member at any hospital other than the hospital with which said corporation shall be contracted.
Section 13. BOND OF TREASURER. The treasurer of such corporation and other officers and employees who handle its funds shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the officers of said corporation for the faithful handling of the funds of said corporation; and all funds collected from members or subscribers of said corporation shall be deposited to the account of said corporation in a bank which is a state depository.
Section 14. FINANCE PROCEDURE. Said corporations shall not pay any of the funds collected from members or subscribers to any hospital until after said hospital shall have rendered hospital care to a subscriber or member.
Section 15. INVESTMENTS. The funds of any corporations subject to the provisions of this act shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of life insurance companies.

878

JOURNAL OF THE SENATE,

Section 16. REPORTS TO INSURANCE COMMISSIONER. Every such corporation shall annually, on or before the first day of March, file in the office of the Insurance Commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition on the 31st day of December, next preceding, which statement shall be in such form and shall contain such matters as the Insurance Commissioner shall prescribe.
Section 17. EXAMINATION OF BOOKS AND RECORDS. Every such corporation shall keep complete books and records, showing all funds collected and disbursed, and all books and records shall be subject to examination by the Insurance Commissioner annually, the expense of such examination to be borne by said corporation.
Section 18. DEFINITION OF CHARITABLE AND BENEVOLENT INSTITUTIONS. Every corporation subject to the provisions of this act is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes as such charitable and benevolent institutions are now or may hereafter be exempt from taxes.
Section 19. EXPENSE OF EXAMINATION AND SUPERVISION. Any and all supervision, liquidation, or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation.
Section 20. DISSOLUTION. Any dissolution or liquidation of any such corporation subject to the provisions of this act shall be under the supervision of the Insurance Commissioner. In case of dissolution of any corporation formed under the provisions of this act, the claims of membership certificate holders of such corporation shall be given priority over all other claims except cost of liquidation. Next priority shall be given to claims of contracting hospitals for losses or write-offs shown by the corporation's records to have been incurred by said contracting hospitals in furnishing service to membership certificate holders. Any remaining funds may be distributed only in a manner consistent with the purposes of the charter and by-laws of such corporation.
Section 21. INCLUDES EXISTING HOSPITAL SERVICE CORPORATIONS. That all corporations organized and operating as nonprofit hospital service corporations in the State of Georgia at the time of passage of this act shall be deemed non-profit hospital service corporations existing and operating under and subject to the provisions of this act.
Section 22. SEPARABILITY CLAUSE. That if any section of the provision of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the act as a whole, nor any part thereof, other than the part so decided to be unconstitutional or invalid.
Section 23. REPEAL OF LAWS. That the "Hospital Service NonProfit Corporations Act of 1937" (Georgia Laws 1937, page 690 et seq.) as amended and codified under chapter 99-10 of the Code of Georgia, and all other laws or parts of laws in conflict with this act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

TUESDAY, JANUARY 17, 1950

879

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 125. By Senators Overby of the 33rd, Rich of the 8th, and Tarver of the 48th:
A bill to regulate trade practices in the business of insurance; to provide the determination of unfair methods of competition or unfair or deceptive acts by the insurance commissioner; to provide a fine for violating the orders of the insurance commissioner; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that SB 125 be postponed until Monday, January 23rd, and the consent was granted.

HB 172. By Messrs. Edenfield of Mcintosh, Gowen of Glynn, Smiley of Liberty, Hinson of Ware, Greer of Lanier, Buie of Camden, Page of Chatham, and others.
A bill to amend the motor fuel tax 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 30, nays 2.
The bill, having received the requisite constitutional majority, was passed.

HB 311. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and McCracken of Jefferson:
A bill to relate to insurers not authorized to transact business; providing for actions in this state against and for the service of process upon such insurers; and for other purposes.
The report 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 312. By Messrs. Chastain of Thomas, Lewis of Hancock, Reed of Cobb, and McCracken of Jefferson:
A bill to repeal sections 56-233, 56-319, 56-321, 56-408, and 56-409 of the Code of Georgia of 1933, relating to insurance, insurance companies and the agents 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 549. By Mr. Miller of Bibb:
A bill to amend an act relating to bells, whistles, and electric headlights on locomotives ; and for other purposes.

880

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 462. By Messrs. McCracken of Jefferson and Ray of Warren:
A bill to repeal sections 56-1307 of the Code of 1933 which permits the organization of insurance companies for the purpose of writing industrial life 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 111. By Senators Land of the 51st and Smith of the 37th:
A bill to amend section 6 of the Acts of 1943 (Ga. Code of 1933) relating to the compensation and expense and meetings of the commissioners of the Game and Fish Department; and for other purposes.

The Committee on Game and Fish offered the following amendment:
Amend SB 111 by adding in line 14 of section 1 after the word "mile" and before the word "such" the following language:
"The members of the commission, including the chairman, shall receive while on committee assignment $7.00 for each day of actual service and actual cost of transportation to and from the place of service and their respective homes by the nearest practical route, not to exceed five cents per mile."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 114. By Senator Staten of the 6th:
A bill to provide for the calling and holding of a special election in any municipality in the State of Georgia in the event of a failure by reason of a tie vote or otherwise; to elect a mayor; and for other purposes.

Senator Staten of the 6th moved that SB 114 be indefinitely postponed, and the motion prevailed.
SB 112. By Senators Land of the 51st and Smith of the 37th:
A bill to amend an act in Georgia Laws of 1945 entitled "An act to amend section 45-210 of the Code of 1933 relating to license fees levied on com-

TUESDAY, JANUARY 17, 1950

881

mercia! fishing boats by providing that the license therein provided shall bear the date of January 1 of the year issued and shall expire on December 31st of the year issued; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 119. By Senator Purdom of the 46th:
A bill to amend section 56-207 of the Code of 1933, as amended, to provide that capital stock of any insurance company may be divided into shares of any sum from $1.00 to $10.00 each; to provide that any company may reduce the par value of the shares of stock to any sum from $1.00 to $10.00 per share; to make this act applicable to industrial life, health and/or accident insurance companies; and for other purposes.
Senator Smith of the 37th moved that SB 119 be postponed until tomorrow morning, and the motion prevailed.

HB 316. By Messrs. Kennedy of Tattnall, Buie of Camden, Edenfield of Mcintosh, and Smiley of Liberty:
A bill to prohibit "fire hunting'.' deer in this state; to prohibit the use of any headlight, flashlight or spotlight in hunting or killing deer; and for other purposes.

Senator Turner of the 34th offered the following amendment:
Amend section 1, as amended"'by the House, by striking therefrom the figures 1950, where they appear in the first line, and substituting in lieu thereof the figures 1951.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th moved that the Senate continue in session until 2 o'clock, and the motion prevailed.

HB 162. By Messrs. Smith, Walton and Alverson of Fulton:
A bill to amend an act to permit temporary confinement of insane persons who, for the public safety or other good and sufficient reasons, should not be 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

882

JOURNAL OF THE SENATE,

HB 56. By Mr. Raulerson of Pierce:
A bill to provide penalties for the illegal killing of deer; and for other purposes.
Senator Smith of the 37th moved that HB 56 be tabled. On the motion to table, the ayes were 23, nays 6, and the motion prevailed.

HB 61. By Mr. Hubert of DeKalb:
A bill to amend the act with reference to the duration of tenancies where no time is specified ; and for other purposes.
Senator Turner of the 34th moved that HB 61 be postponed until January 19, and the motion prevailed.

HB 286. By Messrs. Willingham of Cobb, Gross of Stephens, Key of Jasper, and Twitty of Mitchell:
A bill to amend an act by providing for certain deductions from gross income of Federal income taxes accrued and paid by veterans of the war commonly referred to as World War II; and for other purposes.
Senator Pittman of the 42nd moved that HB 286 be postponed until January 18, and the motion prevailed.
The hour of adjournment under a previous motion having arrived, the President announced the Senate adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, JANUARY 18, 1950

883

Senate Chamber, Atlanta, Georgia. Wednesday, January 18, 1950

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

Scripture reading and prayer was offered by the chaplain.

By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions.
With the right granted to the President of the Senate to call up any bill on the calendar in the order that he may desire.
The consent was granted.
Senator Purdom of the 46th asked unanimous consent that the following bill of the House be recommitted to the Committee on General Judiciary:
HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell:
A bill to amend an act which authorizes the chartering and empowering
of corporations, so as to provide that it shall not be necessary to publish in the newspapers any application for charter; and for other purposes.
The following bills and resolution of the Senate were read the first time a;i referred to the committees:
SB 182. By Senator Overby of the 33rd:
A bill to amend an act approved February 1, 1946 (Ga. Laws 1946, p. 147) entitled "An act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control, etc.," to provide for minimum regulations for control and ratifications of pullorum; to provide for special quarantine regulations; and for other purposes. Referred to the Committee on Agriculture.

884

JOURNAL OF THE SENATE,

SB 183. By Senator Lunsford of the 9th:
A bill to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, disguised or covered as to conceal the identity of the wearer while upon the public ways of this state; and for other purposes.
Referred to the Committee on State of the Republic.

SB 184. By Senators Dykes of the 14th, Cobb of the 48th, and Ayers of the 13th:
A bill to extend the provisions of the merit system act to include the employees of the State Department of Education; and for other purposes.
Referred to the Committee on Education.
SB 185. By Senator Zellner of the 22nd:
A bill to govern and regulate sale and inspection, importation and distribution of all fluid milk for human consumption; to prescribe its standards; to prescribe the sanitary requirements; and for other purposes.
Referred to the Committee on Agriculture.
SB 186. By Senator Zellner of the 22nd:
A bill to create a department to be known as the Georgia State Museum; to provide for a director, to provide the qualifications for said director; to provide for powers and duties for said director; and provide the compensation; and for other purposes.
Referred to the Committee on State of the Republic.

SB 187. By Senators Harrison of the 17th and Florence of the 39th:
A bill to repeal an act approved March 17, 1943, creating a State Highway Commission and to create a new commission composed of five members to be appointed by the Governor for a staggered term of office; and for other purposes.
Referred to Committee on Highways and Public Roads.
SB 188. By Senator Overby of the 33rd:
A bill to amend an act relating to licensing, regulating, and qualifications for barbers and hair dressers by requiring barbers in training shall attend a barber school and hair dressers in training shall attend a hair dressers school, and by increasing the number of inspectors and the fees for inspectors; and for other purposes.
Referred to the Committee on State of the Republic.
SB 189. By Senator Zellner of the 22nd:
A bill to amend an act approved March 30, 1937 (Ga. Laws 1937, pp. 247-264) as amended, establishing a Milk Control Board by providing that two members of the board shall be defined as a "producer member", one member as a "producer-distributor member", one member as a "deal-

WEDNESDAY, JANUARY 18, 1950

885

er member" and one member as a "consumer member"; and for other purposes.
Referred to the Committee on Agriculture.

SB 190. By Senator Land of the 24th:
A bill to amend an act creating a board of commissioners of roads and revenues of Muscogee County by providing a change in the length of tenure of office; and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 70. By Senator Land of the 24th:
A resolution proposing an amendment to the Constitution to be known as article XVI, to provide for the creation of the State Board of Public Welfare, to have the authority and responsibility of the State Board of Social Security as now exists under the laws of this state; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

Mr. Ayers of the 13th 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 170. Do Pass.

SB 171. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish has had under consideration the follow. ing bills and resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 61. Do Pass.

SR 66. Do Pass.

SB 173. Do Pass.

Respectfully submitted, Stark of 35th District, Chairman

886

JOURNAL OF THE SENATE,

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 137. Do Pass. SB 139. Do Pass. SB 140. Do Pass.

SB 177. Do Pass. SB 178. Do Pass. SB 176. Do Pass. SB 159. Do Pass. SB 168. Do Pass. SB 167. Do Pass. SB 166. Do Pass. SB 160. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:
Mr. President: Your Committee on Appropriations has had under consideration the fol-
lowing resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SR 52. Do Pass.
Respectfully submitted, Purdom of 46th District, Chairman

WEDNESDAY, JANUARY 18, 1950

887

Mr. Pittman of the 42nd 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 154. Do Pass.
SB 151. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Higginbotham of the 31st 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 150. SB 145. SB 141. SB 144. SB 143. SB 149.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,
Higginbotham of 31st District, Chairman

Senator Housley of the 32nd 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 108.

SB 107.

SB 111.

SB 112.

SB 126.

SR 60.

SR 69.

Respectfully submitted,

Housley of 32nd District, Chairman

888

JOURNAL OF THE SENATE,

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

HB 429. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to supplement the salaries of the judges of the Superior Court of Fulton County from the treasury of Fulton County; and for other purposes.

HB 376. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act abolishing the fee system for the solicitor general of the Atlanta Judicial Circuit, and increasing the salary of the solicitor general thereof; and for other purposes.

SB 137. By Senator Purdom of the 46th: A bill to provide for a uniform partnership act; and for other purposes.

SB 139. By Senator Purdom of the 46th: A bill to amend section 71-107 of the Georgia Code to require a seal on the attestation of deeds, to repeal conflicting laws; and for other purposes.
SB 140. By Senator Purdom of the 46th: A bill to repeal Code section 22-1104, service by publication on non-resident corporations; and for other purposes.
SB 141. By Senator Grayson of the 1st: A bill authorizing the mayor and aldermen of the City of Savannah to alter and revise zoning and planning laws for the City of Savannah; and for other purposes.
SB 143. By Senator Grayson of the 1st: A bill amending the act of the General Assembly approved February 25, 1949, amending the charter of the mayor and aldermen of the City of Savannah taking from the Chatham County Historic Site and Monument Commission the right of eminent domain; and for other purposes.
SB 144. By Senator Grayson of the 1st: A bill authorizing the mayor and aldermen of the City of Savannah to incur an additional debt under the terms of paragraph 3, section 7, article 7 of the Constitution; and for other purposes.
SB 145. By Senator Grayson of the 1st: A bill amending the charter of the mayor and aldermen of the City of Savannah; and for other purposes.

WEDNESDAY, JANUARY 18, 1950

889

SB 149. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to convey rights of way to the Coastal Highway District; and for other purposes.

SB 150. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of Savannah to reassess property; and for other purposes.

SB 151. By Senator Grayson of the 1st:
A bill amending the act creating and establishing a Municipal Court of Savannah; and for other purposes.

SB 154. By Senators Pittman of the 42nd and Newton of the 47th:
A bill to amend an act approved March 9, 1945, entitled "An act to provide for the creation of the office of judge of the superior court emeritus; to prescribe eligibility for incumbents; and for other purposes.

SB 159. By Senators Bryant of the 43rd, Davis of the 27th, and Overby of the 83rd:
A bill to authorize the judges of the city courts of this state, where not otherwise provided for by law, to appoint an official court reporter, and to provide for the compensation; and for other purposes.

SB 160. By Senators Smith of the 37th, LeCraw of the 52nd and Purdom of the 46th:
A bill to repeal what is known as the "Voters' Registration Act" No. 297 (HB 2) published in Georgia Laws Extra Session 1948, Regular Session 1949, pages 1204-1227, annulling all registration, fixing the qualifications of voters and for other purposes; to repeal said act in its entirety; and for other purposes.

SB 166. By Senators Tarver of the 48th, Smith of the 37th, Harrison of the 17th, Pilcher of the 19th, and Land of the 24th:
A bill to amend an act approved March 9, 1945, as amended (Ga. Laws 1945, pp. 362-366; Ga. Laws 1946, pp. 228-230) entitled "An act to provide for the creation of the office of judge of the superior court, emeritus; and for other purposes.

SB 167. By Senators Tarver of the 48th, Smith of the 37th, Harrison of the 17th, and Land of the 24th:
A bill to amend an act approved March 9, 1945 (Ga. Laws 1945, pp. 362366) entitled "An act to provide for the creation of the office of judge of the superior court emeritus; to prescribe eligibility for incumbents; to create the superior court judge retirement fund of Georgia; and for other purposes.

890

JOURNAL OF THE SENATE,

SB 168. By Senators LeCraw of the 52nd, Eve of the 24th and Smith of the 37th:
A bill to amend the act known as the "Voters' Registration Act" approved February 25, 1949, page 1204) so as to delay the effective date of said act and provide the procedure therefor; and for other purposes.

SB 173. By Senator Foster of the 49th:
A bill to authorize and empower the director of the State Game and Fish Commission to make and enter into agreements with North Carolina authorities where current fishing license will be accepted and honored reciprocally on Lake Chatuge; and for other purposes.

SB 170. By Senator Land of the 51st:
A bill to amend an act creating a municipal court in and for the City of Macon and the acts amendatory thereof so as to change the name of the municipal court of the City of Macon to the Civil Court of Bibb County; and for other purposes.

SB 171. By Senator Land of the 51st:
A bill to amend an act creating a municipal court of the City of Macon and the acts amendatory thereto so as to change the name to the Civil Court of Bibb County and provide that the salary of the judge of the Civil Court of Bibb County shall be fixed by the General Assembly of Georgia; and for other purposes.

SB 176. By Senator Overby of the 33rd:
A bill to effect a complete revision of all and singular laws of this state dealing with registration and qualification of voters; provide for a permanent registration; and for other purposes.

SB 177. By Senator Pilcher of the 19th:
A bill to amend an act approved February 17, 1949 (Ga. Laws 1949, pages 780-784) entitled "An act to provide for the creation of the office of solicitor general emeritus; prescribe eligibility for incumbents, terms, duties and compensation; create solicitors' general retirement fund of Georgia; and for other purposes.
SB 178. By Senator Pilcher of the 19th:
A bill to amend an act approved March 9, 1945, as amended (Ga. Laws 1945, pages 228-230) entitled "An act to provide for the creation of the office of judge of the superior court emeritus; to prescribe eligibility for incumbents; provide terms, duties and compensation, create a retirement fund for superior court judges of Georgia; provide trustees"; and for other purposes.
SR 61. By Senator Harrison of the 17th:
A resolution authorizing the Governor to deed to the United States government approximately 106.89 acres of land in Jenkins County to be used by the Fish and Wildlife Service; and for other purposes.

WEDNESDAY, JANUARY 18, 1950

891

SR 66. By Senator Turner of the 34th:
A resolution to authorizing the Governor to sell a certain tract in DeKalb County known as the DeKalb County game farm; and for other purposes.

SR 52. By Senator Grayson of the 1st:
A resolution appropriating sums of money to reimburse Nathan Tennebaum and Gertrude Tennebaum for damages to property and personal injuries caused by State Highway Department truck; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 138. By Senators Purdom of the 46th, Wright of the 5th, Roddenberry of the 3rd, and McCoy of the 4th:
A bill to provide an increase in salary of the court reporter for the Waycross Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 157. By Senator Harrison of the 17th:
A bill to provide for the distribution of surplus funds in the fine and forfeiture fund of the superior court of any county having a population of not less than 7,128 and not more than 7,400 to be divided one third to the clerk of courts, one third to the sheriff and one third 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 664. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend the charter of the City of East Point; and for other purposes.
The report 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.

892

JOURNAL OF THE SENATE,

HB 665. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of East Point; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read by the Secretary:
SR 69. By Senators Dykes of the 14th, Tarver of the 48th, and Stark of the 35th:
A resolution requesting the House of Representatives for tax revision; and for other purposes.
Senator Blalock of the 36th moved that SR 69 be postponed until January 23rd.
On the motion to postpone, the ayes were 14, nays 25, and the motion was lost.
Senator Pilcher of the 19th moved that SR 69 be referred to a committee.
On the motion, the ayes were 9, nays 13, and the motion was lost.
On the adoption of the resolution, Senator Pilcher of the 19th 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:

Ayers Boyett Bryant Clary Daniel Davis Dykes Eve Florence Foster Garrett Gary Gholston

Harris Harrison Higginbotham Housley Jones Land, 51st LeCraw Lunsford Mason Massey McCoy Newton Overby

Peterson Pittman Purdom Rich Roddenberry Sims Stark Swint Tarver Turner Ursrey Zellner Staten

Those voting in the negative were Senators:

Blalock Layton Pilcher

Rowland Smith

Wright

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

WEDNESDAY, JANUARY 18, 1950

893

On the adoption of the resolution, the ayes were 38, nays 7, and the resolution was adopted.

Senator Tarver of the 48th asked unanimous consent that SR 69 be immediately transmitted to the House, and the consent was granted.
The following general bills of the House were read the third time and put upon their passage:
HB 460. By Messrs. Walton, Smith and Alverson of Fulton, and Hubert, Howard and MeWhorter of DeKalb:
A bill to amend the "Revenue Certificate Law of 1937" so as to include hospital authorities; and for other purposes.
The report 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 276. By Mr. Gross of Stephens:
A bill to further amend an act entitled "An act to limit to seven years the effect of filing for record any mortgage bill or sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; and for other purposes.
The report 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 325. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend section 49-604 of the Code of 1933 relating to the commitment of violently insane 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 286. By Messrs. Willingham of Cobb, Gross of Stephens, Key of Jasper, and Twitty of Mitchell:
A bill to amend an act by providing for certain deductions from gross income of Federal income taxes accrued and paid by veterans of the war commonly known as World War II; and for other purposes.
The report 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.

894

JOURNAL OF THE SENATE,

HB 31. By Mr. Lewis of Hancock:
A bill to amend the Code providing for the selection of an official organ for legal advertising; and for other purposes.
Senator Turner of the 34th moved that HB 31 be tabled, and the motion prevailed.

HB 241. By Messrs. Gross of Stephens, Adams of Evans, and others:
A bill to amend section 13-2023 of the Code of Georgia of 1932 relating to the purchase by bank of stocks and the buying and selling of investment securities; and for other purposes.
The report 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 435. By Messrs. Lewis of Hancock, Ryle of Ware, and others:
A bill to amend an act which established the Department of Labor and authorized the setting up of divisions within the department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 113. By Mr. Twitty of Mitchell:
A bill to amend section 56-216 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section, making the provisions of said section apply to all participating policies whether issued by mutual or stock companies; and for other purposes.

The Committee on Insurance offered the following amendment:
Amend HB 113 by adding at the end of the bill a new section to be numbered accordingly and to read as follows:
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, JANUARY 18, 1950

895

A sealed communication was received from His Excellency, the Governor, through Honorable Benton Odum, executive secretary.
Senator Pilcher of the 19th asked unanimous consent that the Senate resolve itself in executive session to consider a sealed communication from the Governor.
The consent was granted and the Senate resolved itself into executive session at 2:20 p. m.

The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, Secretary of the Senate:
January 18, 1950. Hon. Herman Talmadge, State Capitol, Atlanta, Georgia.

Dear Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you, as follows :
Nominations sent to the Senate by you this date, were confirmed as follows:
Honorable L. C. Pitts, of the County of Fulton, to be a member of the Georgia Real Estate Commission for a term beginning February 26, 1949 and ending February 24, 1952. The vote on this confirmation was 44 to 0.
Honorable Harry F. Boyce, of Muscogee County, to be a member of the Georgia Real Estate Commission for a term beginning February 26, 1949 and ending February 24, 1952. The vote on this confirmation was 44 to 0.
Honorable Leo F. Griffin, of Chatham County, to be a member of the Georgia Real Estate Commission for a term beginning February 26, 1949 and ending February 24, 1952. The vote on this confirmation was 44 to 0.
Honorable Charlie Jordan, Jr., of Wheeler County, to be a member of the State Forestry Commission for a term beginning February 28, 1949 and ending February 28, 1952. The vote on this confirmation was 44 to 0.
Honorable Henry 0. Cummings, of Seminole County, to be a member of the State Forestry Commission for a term beginning February 28, 1949 and ending February 28, 1955. The vote on this confirmation was 44 to 0.
Honorable Philip Morgan, of Chatham County, to be a member of the State Forestry Commission for a term beginning February 28, 1949 and ending February 28, 1954. The vote on this confirmation was 44 to 0.
Honorable John McElrath, of Bibb County, to be a member of the State Forestry Commission for a term beginning February 28, 1949 and ending February 28, 1953. The vote on this confirmation was 44 to 0.
Honorable K. S. Varn, of Ware County, to be a member of the State Forestry Commission, for a term beginning February 28, 1949 and ending February 28, 1956. The vote on this confirmation was 44 to 0.

896

JOURNAL OF THE SENATE,

Honorable M. D. Mobley, of Paulding County, to be a recognized State educational officer, appointed to certify to the Literary School Training of Applicants for Examination to Practice Chiropractic, for a term beginning March 1, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Vaughn Terrell, of Floyd County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 2, 1949 and ending at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Ralph Primm, of Floyd County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 2, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable J.D. Cowart, Jr., of Calhoun County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 2, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Dr. P. Lee Williams, of Crisp County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 2, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Charlie Baggarly, of Crawford County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 3, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Roy Sewell, of Haralson County, to be a member of the Board of Managers, State Factory for the Blind, for a term beginning March 5, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable R. H. Driftmier, Head of the Department of Agricultural Engineering at the University of Georgia, Athens, Georgia, to be a member of the University System of Georgia Building Authority, for a term beginning March 4, 1949 and ending January 1, 1951. The vote on this confirmation was 44 to 0.
Honorable George M. Sparks, head of the Atlanta Division of the University of Georgia, of Fulton County, to be a member of the University System of Georgia Building Authority, for a term beginning March 4, 1949 and ending January 1, 1953. The vote on this confirmation was 44 to 0.
Honorable John P. Baum, of Baldwin County, to be a member of the State Water Improvement Advisory Committee representing industry which uses the water of the state, beginning March 4, 1949. The vote on this confirmation was 44 to 0.
Honorable Kirk Sutlive, of Chatham County, to be a member of the State Water Improvement Advisory Committee representing industry, which uses the water of the state, beginning March 4, 1949. The vote on this confirmation was 44 to 0.
Honorable John Sheffield, of Brooks County, to be a member of the State Water Improvement Advisory Committee, representing the House of Representatives, beginning March 4, 1949. The vote on this confirmation was 44 to 0.

WEDNESDAY, JANUARY 18, 1950

897

Honorable W. H. Wier, of Fulton County, to be a member of the State Water Improvement Advisory Committee, representing the Department of Public Health of the State of Georgia, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Zach Arnold, of Clay County, to be a member of the State Water Improvement Advisory Committee, representing the Georgia Municipal Association, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable L. W. Eberhardt, of Clarke County, to be a member of the State Water Improvement Advisory Committee, representing the Agricultural Department of the University System of Georgia, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable A. G. Stanford, of Fulton County, Georgia, to be a member of the State Water Improvement Advisory Committee, representing the state at large, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable W. L. Abney, of Walker County, to be a member of the State Water Improvement Advisory Committee, representing the House of Representatives, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Braxton Blalock, of Coweta County, to be a member of the State Water Improvement Advisory Committee, representing the State Senate, beginning March 4, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Harmon W. Caldwell, of Clarke County, to be a member of the Board of Control for Southern Regional Education, for a term beginning May 17th, 1949 and ending June 30th, 1953. The vote on this confirmation was 44 to 0.
Honorable Robert A. Garner, of Jenkins County, to be a member of the State Board of Veterans Service for a term beginning March 15, 1949 and ending April 1, 1952. The vote on this confirmation was 44 to 0.
Honorable S. H. Yarbrough, of Muscogee County, to be a member of the State Board of Dental Examiners, to succeed Honorable W. W. Gravely, for a term beginning March i5, 1949 and ending August 1, 1950. The vote on this confirmation was 44 to 0.
Honorable C. A. Yarbrough, of Bibb County, to be a member of the Board of Dental Examiners of Georgia, for a term beginning March 15, 1949 and ending March 15, 1954. The vote on this confirmation was 44 to 0.
Honorable Dr. C. J. May, of Wilkes County, to be a member of the Board of Dental Examiners of Georgia, for a term beginning March 15, 1949 and ending March 15, 1954. The vote on this confirmation was 44 to 0.
Honorable Harold Gates, of Taylor County, to be a member of the Georgia Citizens Council, to succeed Jesse G. Purvis, who was not confirmed, for a term beginning March 15, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Reverend Emmett A. McNabb, of Fulton County, to be a member of the Georgia Citizens Council for a term beginning March 15, 1949 and ending July 1, 1951. The vote on this confirmation was 44 to 0.

898

JOURNAL OF THE SENATE,

Honorable Frank C. Binford, of Upson County, to be a member of the State Highway Commission, representing the state at large, for a term beginning March 28, 1949 and running concurrent with that of the Governor. The vote on this confirmation was 44 to 0.
Honorable Elmore C. Thrash, of Richmond County, to be a member of the Georgia Citizens Council to succeed Mr. Parks Huntt, for a term beginning March 29, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable Reese Vaughn, of Monroe County, to be a member of the Georgia Citizens Council, to succeed Mrs. Ralph Butler, for a term beginning March 29, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable John G. Mauldin, of DeKalb County, to be a member of the State Board of Examiners of Warm Air Heating Contractors, and chairman of said board, for a term beginning March 29, 1949 and ending March 29, 1953. The vote on this confirmation was 44 to 0.
Honorable George G. Altman, Jr., of Chatham County, to be a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning March 29, 1949 and ending March 29, 1953. The vote on this confirmation was 44 to 0.
Honorable J. L. McDavit, of Chatham County, to be a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning March 29, 1949 and ending March 29, 1953. The vote on this confirmation was 44 to 0.
Honorable Lawrence F. Kent, of Fulton County, to be a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning March 29, 1949 and ending March 29, 1953. The vote on this confirmation was 44 to 0.
Honorable W. P. Crenshaw, of Fulton County, to be a member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning March 29, 1949 and ending March 29, 1953. The vote on this confirmation was 44 to 0.
Honorable Blake Craft, of DeKalb County, to be a member of the State Board of Veterans Service for a term beginning April 1, 1949 and ending April 1, 1956. The vote on this confirmation was 44 to 0.
Honorable Clinton L. Lott, of Coffee County, to be a member of the Georgia Citizens Council for a term beginning April 1, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Honorable Frank M. Brackett, of Fannin County, to be State's Arbitrator and Ex-Officio Inspector in the matter of contract between the State of Georgia and the Tennessee Copper Company for a term beginning April 6, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Dr. J. H. Brewton, of Ware County, to be a member of the Board of Dental Examiners of Georgia for a term beginning April 7, 1949 and ending August 1, 1951. The vote on this confirmation was 44 to 0.
Honorable Dr. J. M. Hawley, of Muscogee County, to be a Dental Member of the State Board of Health, state at large, for a term beginning April 27, 1949 and ending September 1, 1952. The vote on this confirmation was 44 to 0.

WEDNESDAY, JANUARY 18, 1950

899

Honorable Douglas McCurdy, of DeKalb County, to be a member of the State Park Authority, to succeed himself, for a term beginning May 3, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Honorable Scott Candler, of DeKalb County, to be a member of the State Park Authority, to succeed Mrs. A. McD. Wilson, for a term beginning May 3, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Honorable Robert L. Harrison, of Wayne County, to be a member of the Georgia State Board of Embalmers, to succeed Hon. W. Bruce Donaldson, Jr., for a term beginning May 4, 1949 and ending December 16, 1951. The vote on this confirmation was 44 to 0.
Honorable A. S. Skelton, of Hart County, to be a member of the Judicial Council of Georgia for a term beginning April 27, 1949 and ending April 27, 1952. The vote on this confirmation was 44 to 0.
Honorable Ernest Carlisle, of Spalding County, to be a member of the Judicial Council of Georgia for a term beginning April 27, 1949 and ending April 27, 1952. The vote on this confirmation was 44 to 0.
Honorable Roy Richards, of Carroll County, to be a member of the Judicial Council of Georgia, for a term beginning April 27, 1949 and ending April 27, 1952. The vote on this confirmation was 44 to 0.
Honorable Charles Crisp, of Sumter County, to be a member of the Judicial Council of Georgia, for a term beginning April 27, 1949 and ending April 27, 1952. The vote on this confirmation was 44 to 0.
Honorable Tom B. Raines, of Terrell County, to be a member, representing agriculture, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable T. M. Forbes, of Fulton County, to be a member, representing manufacturing, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable DeNean Stafford, of Tift County, to be a member, representing retail merchants, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable Carl Rhodes, of Brooks County, to be a member representing wholesale merchants, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable Earl Cocke, Sr., of Fulton County, to be a member, representing financial institutions, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable B. E. Baker, of Fulton County, to be a member, representing public utilities, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable James Woodrow Waldrop, of Coffee County, to be a member, representing veterans, of the Tax Revision Committee, beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable Raymond Nelson, of Fulton County, to be a member representing Insurance Companies, of the Tax Revision Committee, beginning May 11, 1N9. The vote on this confirmation was 44 to 0.

900

JOURNAL OF THE SENATE,

Dr. Marvin M. Head, of Pike County, to be a member of the State Board of Health for the 4th Congressional District, for a term beginning November 29, 1949 and ending September 1, 1955. The vote on this confirmation was 44 to 0.
Honorable Murray Milton Howard, of Fulton County, to be a member of the State Park Authority, for a term beginning December 5, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable Murray Milton Howard, of Fulton County, to be a member of the State Park Authority, for a term beginning July 1, 1950 and ending July 1, 1954. The vote on this confirmation was 44 to 0.
Honorable John D. Allen, of DeKalb County, to be a judge of the Civil Court of Fulton and DeKalb Counties, DeKalb Division, for a term beginning December 2, 1949 and ending January 1, 1950. The vote on this confirmation was 44 to 0.
Honorable John D. Allen, of DeKalb County, to be a judge of the Civil Court of Fulton and DeKalb Counties, DeKalb Division, for a term beginning January 1, 1950 and ending January 1, 1954. The vote on this confirmation was 44 to 0.
Honorable George W. Westmoreland, of Jackson County, to be the solicitor of the City Court of Jefferson, for a term beginning December 5, 1949 and ending January 1, 1953. The vote on this confirmation was 44 to 0.
Honorable F. Everett Williams, of Bulloch County, to be a member of the State Board of Pharmacy, for a term beginning December 1, 1949 and ending November 1, 1954. The vote on this confirmation was 44 to 0.
Honorable Dr. Richard Marvin Eubanks, of Fulton County, to be a member of the Stone Mountain Memorial Advisory Committee, for a term beginning December 27, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Miss Ella May Thornton, of Fulton County, to be the State Librarian, for a term beginning December 28, 1949 and ending January 6, 1954. The vote on this confirmation was 44 to 0.
Honorable H. B. Edwards, Sr., of Lowndes County, to be judge of the City Court of Valdosta, for a term beginning December 28, 1949 and ending December 11, 1953. The vote on this confirmation was 44 to 0.
Honorable W. D. Lanier, of Richmond County, to be the labor member of the Tax Revision Committee, for a term beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Mrs. Fred Knight, of Bartow County, to be the woman member of the Tax Revision Committee, for a term beginning May 11, 1949 and continuing for a period of two years. The vote on this confirmation was 44 to 0.
Honorable Dr. Raymond Paty, of Fulton County, to be a member of the Board of Control for Southern Regional Education, for a term beginning May 17, 1949 and ending_ June 30, 1951. The vote on this confirmation was 44 to 0.
Honorable Andrew J. Tuten, of Bacon County, to be a member of the Board of Social Security representing the 8th Congressional District, for a term beginning June 7, 1949 and ending January 11, 1951. The vote on this confirmation was 44 to 0.
Honorable J. D. Robinson, Jr., of Fulton County, to be a member of the Georgia Ports Authority, for a term beginning June 7, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.

WEDNESDAY, JANUARY 18, 1950

901

Honorable M. M. Munroe, of Ware County, to be a member of the Georgia Ports Authority, for a term beginning June 1, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable Otis D. Rackley, of Dougherty County, to be a member of the Board of Dental Examiners of Georgia, for a term beginning June 6, 1949 and ending August 1, 1953. The vote on this confirmation was 44 to 0.
Dr. J. I. Rose, of Fulton County, to be a member of the State Board of Chiropractic Examiners, for a term beginning August 8, 1949 and ending August 20, 1952. The vote on this confirmation was 44 to 0.
Honorable Ivey Echols, of Pierce County, to be a member of the Oil and Gas Commission, for a term beginning August 8, 1949 and ending May 18, 1951. The vote on this confirmation was 44 to 0.
Judge Harry D. Reed, of Ware County, to be a member of the Oil and Gas Commission, for a term beginning August 8, 1949, and ending May 18, 1953. The vote on this confirmation was 44 to 0.
Dr. D. M. Livingston, of Polk County, to be a member of the State Board of Chiropractic Examiners, for a term beginning August 8, 1949 and ending August 20, 1952. The vote on this confirmation was 44 to 0.
Honorable Hardeman Blackshear, of DeKalb County, to be Assistant Attorney General, for a term beginning August 17, 1949, and ending at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Zack D. Cravey, of Fulton County, to be chairman of the Governor's Committee, Interstate Cooperation, for a term beginning August 18, 1949 and ending at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Ross Sharpe, of Toombs County, to be a member of the Oil and Gas Commission, for a term beginning August 22, 1949 and ending May 18, 1951. The vote on this confirmation was 44 to 0.
Mrs. John Lanier, of Barrow County, to be a member of the Georgia Citizens Council, for a term beginning August 25, 1949 and ending July 1, 1953. The vote on this confirmation was 44 to 0.
Honorable G. Lee Watson, of Fulton County, to be a member of the Georgia Citizens Council, for a term beginning August 31, 1949 and ending July 1, 1953. The vote on this confirmation was 44 to 0.
Rev. Frank Craton, of Chattooga County, to be a member of the Georgia Citizens Council, for a term beginning August 31, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable Dr. Lamar A. Brown, of Toombs County, to be a member of the Georgia State Board of Examiners in Optometry, for a term beginning September 6, 1949 and ending September 6, 1952. The vote on this confirmation was 44 to 0.
Honorable Warner B. Gibbs, of Wayne County, to be solicitor of City Court of Jesup, for a term beginning September 13, 1949 and continuing until his successor is elected and qualified. The vote on this confirmation was 44 to 0.
Honorable James L. Bentley, Jr., of Upson County, to be a member of the Georgia Citizens Council, for a term beginning September 22, 1949, and ending July 1, 1953. The vote on this confirmation was 44 to 0.

902

JOURNAL OF THE SENATE,

Honorable John Gordon Knox, Jr., of Jeff Davis County, to be a member of the Georgia Citizens Council, for a term beginning September 22, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable H. W. Bussey, of Turner County, to be a member of the Georgia Citizens Council, for a term beginning September 22, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Honorable Dr. H. P. Stuckey, of Spalding County, to be a member of the Georgia Citizens Council, for a term beginning September 22, 1949 and ending July 1, 1951. The vote on this confirmation was 44 to 0.
Honorable Steven Graham Bland, of Webster County, to be a member of the Georgia Citizens Council, for a term beginning September 22, 1949 and ending July 1, 1950. The vote on this confirmation was 44 to 0.
Honorable Dr. A. B. Davis, of Seminole County, to be a member of the State Board of Veterinary Examiners, for a term beginning September 29, 1949 and ending September 16, 1954. The vote on this confirmation was 44 to 0.
Honorable James Oliver Bowen, of DeKalb County, to be a member of the State Game and Fish Commission, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable Richard Tift, of Dougherty County, to be a member of the State Game and Fish Commission, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable J. D. Pope, of Butts County, to be a member of the State Game and Fish Commission, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable Dr. Mattie C. Stephens, of Upson County, to be a member of the State Board of Chiropractic Examiners, for a term beginning January 9, 1950 and ending September 8, 1953. The vote on this confirmation was 44 to 0.
Honorable Dr. W. J. Moore, of Crisp County, to be a member of the State Board of Chiropractic Examiners, for a term beginning January 9, 1950 and ending August 20, 1953. The vote on this confirmation was 44 to 0.
Mrs. Rebecca Rainey, of Terrell County, to be a member of the State Board of Pardons and Paroles, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable Troy G. Morrow, of Schley County, to be judge of the City Court of Ellaville, for a term beginning January 4, 1950 and ending August 21, 1950. The vote on this confirmation was 44 to 0.
Honorable Troy G. Morrow, of Schley County, to be judge of the City Court of Ellaville, for a term beginning January 4, 1950 and ending August 21, 1954. The vote on this confirmation was 44 to 0.
Honorable Roy Stevenson King, of Fulton County, to be a member of the .State Board of Registration for Professional Engineers and Land Surveyors, for a term beginning January 6, 1950 and ending June 1, 1954. The vote on this .eonfirmation was 44 to 0.
Honorable Baxter Jones, of Bibb County, to be a member of the Judicial Council of Georgia, for a term beginning January 9, 1950 and ending April 27, 1953. The vote on this confirmation was 44 to 0.

WEDNESDAY, JANUARY 18, 1950

903

Honorable Irwin R. Kimsey, of Habersham County, to be a member of the State Board of Education, for a term beginning January 5, 1950 and ending J"anuary 1, 1957. The vote on this confirmation was 44 to 0.
Honorable W. H. Lovett of Laurens County, to be a member of the State Board of Education, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Mrs. Julius Y. Talmadge, of Clarke County, to be a member of the State Board of Education, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable James S. Peters, of Meriwether County, to be a member of the State Board of Education, for a term beginning January 5, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Dr. J. C. Norris, of Fulton County, to be a "pathologist" member of the Workmen's Compensation Medical Board, for a term beginning January 9, 1950 and ending March 30, 1952. The vote on this confirmation was 44 to 0.
Dr. Frank Holder, of Dodge County, to be an "internal medicine specialist" member of the Workmen's Compensation Medical Board, for a term beginning January 9, 1950 and ending March 30, 1952. The vote on this confirmation was
44 to 0.
Dr. F. Kells Boland, Jr., of Fulton County, to be a "toxicologist" member of the Workmen's Compensation Medical Board, for a term beginning January 6, 1950, and ending March 30, 1951. The vote on this confirmation was 44 to 0.
Honorable Francis Stubbs, Sr., of Coffee County, to be a member of the Board
of Regents of the University System of Georgia, for a term beginning January 12, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable J. J. McDonough, of Floyd County, to be a member of the Board of Regents of the University System of Georgia, for a term beginning January 3, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Honorable Charles J. Bloch, of Bibb County, to be a member of the Board of Regents of the University System of Georgia, for a term beginning January 7, 1950 and ending January 1, 1957. The vote on this confirmation was 44 to 0.
Dr. Harry Powell, of Jeff Davis County, to be a member of the State Board of Medical Examiners, for a term beginning January 9, 1950 and ending September 1, 1953. The vote on this confirmation was 44 to 0.
Dr. Alex Russell, of Barrow County, to be a member of the State Board of Medical Examiners, for a term beginning January 9, 1950 and ending September 1, 1954. The vote on this confirmation was 44 to 0.
Dr. R. H. McDonald, of Coweta County, to be a member of the State Board of Medical Examiners, for a term beginning January 9, 1950 and ending September 1, 1954. The vote on this confirmation was 44 to 0.
Honorable M. M. Monroe, of Ware County, to be a member of the State Ports Authority, for a term beginning January 10, 1950 and ending July 1, 1954. The vote on this confirmation was 44 to 0.
Honorable James R. Wynn, Jr., of Carroll County, to be a member of the State Board of Veterans Service, for a term beginning April 1, 1950 and ending April 1, 1957. The vote on this confirmation was 44 to 0.

904

JOURNAL OF THE SENATE,

Dr. Walter Bell, of Bibb County, to be a member of the Georgia State Board of Examiners in Optometry, for a term beginning January 9, 1950 and ending September 6, 1953. The vote on this confirmation was 44 to 0.
Honorable Peter Roe Nugent, of Chatham County, to be a member of the State Ports Authority for a term beginning January 9, 1950 and ending July 1, 1954. The vote on this confirmation was 44 to 0.
Honorable C. 0. Nixon, of Newton County, to be a member of the State Board of Corrections, for a term beginning January 9, 1950 and ending November 27, 1954. The vote on this confirmation was 44 to 0.
Honorable Roger H. Lawson, of Pulaski County, to be a solicitor general in the Oconee Judicial Circuit, for a term beginning September 29, 1949 and ending January 1, 1951. The vote on this confirmation was 44 to 0.
Honorable John Maloof, of Fulton County, to be a member of the Georgia Citizens Council, for a term beginning October 3, 1949 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Mrs. Virginia Handfield, of Sumter County, to be a member of the Georgia State Board of Nurses, for a term beginning September 29, 1949 and ending September 23, 1952. The vote on this confirmation was 44 to 0.
Sister Mary Cornile Dulchery, of Fulton County, to be a member of the Georgia State Board of Nurses, for a term beginning September 29, 1949 and ending September 23, 1952. The vote on this confirmation was 44 to 0.
Miss Bessie Rowe, of Carroll County, to be a member of the Georgia State Board of Nurses, for a term beginning October 4, 1949 and ending September 23, 1950. The vote on this confirmation was 44 to 0.
Honorable Y. Erwin Sibley, of Baldwin County, to be the judge of the County Court of Baldwin County, for a term beginning October 5, 1949 and ending September 3, 1953. The vote on this confirmation was 44 to 0.
Honorable Phil Spooner, of Seminole County, to be a member of the Aeronautic Advisory Board, for a term beginning October 6, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Carter Peterson, of Chatham County, to be a member of the Aeronautic Advisory Board, for a term beginning October 6, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Honorable Harley Langdale, Jr., of Lowndes County, to be a member of the Chas. H. Herty Foundation, for a term beginning October 10, 1949 and ending February 19, 1953. The vote on this confirmation was 44 to 0.
Honorable Wallace Adams, of Wheeler County, to be a member of the Chas. H. Herty Foundation, for a term beginning October 10, 1949 and ending February 19, 1954. The vote on this confirmation was 44 to 0.
Honorable Shelby Myrick, Jr., of Chatham County, to be a member of the Chas. H. Herty Foundation, for a term beginning October 10, 1949 and ending February 19, 1952. The vote on this confirmation was 44 to 0.
Honorable Charles G. Bruce, of Fulton County, to be a judge in the Criminal Court of Fulton County, appointed as of October 27, 1949. The vote on this confirmation was 44 to 0.

WEDNESDAY, JANUARY 18, 1950

905

Honorable George L. Smith II, of Emanuel County, to be the legislative member of the Atlantic States Marine Fisheries, appointed as October 27, 1949. The vote on this confirmation was 44 to 0.
Honorable P. Z. Geer, of Miller County, to be judge of the City Court of Miller County, appointed as of November 5, 1949. The vote on this confirmation was 44 to 0.
Mrs. Frances M. Crouch, of Meriwether County, to be a member of the State Board of Barber and Hairdresser Examiners, for a term beginning November 9, 1949 and ending November 9, 1952. The vote on this confirmation was 44 to 0.
Honorable George B. Ward, of Wilkes County, to be a member of the State Board of Barber and Hairdresser Examiners, for a term beginning November 9, 1949 and ending November 9, 1952. The vote on this confirmation was 44 to 0.
Honorable J. B. Miller, of Camden County, to be a member of the Atlantic States Marine Fisheries, for a term beginning November 8, 1949 and ending May 18, 1953. The vote on this confirmation was 44 to 0.
Mrs. L. V. Hall, of Fulton County, to be a member of the State Board of Barber and Hairdresser Examiners, for a term beginning January 9, 1950 and ending July 1, 1953. The vote on this confirmation was 44 to 0.
Dr. William Bookhammer, of Fulton County, to be a member of the State Board of Chiropody Examiners, for a term beginning May 5, 1950 and ending May 5, 1953. The vote on this confirmation was 44 to 0.
Honorable Sydney T. Lee, of Chatham County, to be a member of the State Board of Accountancy, for a term beginning June 30, 1950 and ending June 30, 1954. The vote on this confirmation was 44 to 0.
Mrs. Edna Duggan, of Laurens County, to be a member of the Georgia Citizens Council, for a term beginning January 14, 1950 and ending July 1, 1952. The vote on this confirmation was 44 to 0.
Honorable Alan Kemper, of Clayton County, to be director of the State Board of Social Security, for a term beginning June 13, 1949 and ending May 12, 1951. The vote on this confirmation was 44 to 0.
Honorable J. M. Forrester, of Crisp County, to be the treasurer of the State Highway Department of Georgia, for a term beginning June 13, 1949 and continuing at the pleasure of the Governor. The vote on this confirmation was 44 to 0.
Mrs. Chester A. Ryals, of Telfair County, to be a member of the Georgia Citizens Council, for a term beginning June 13, 1949 and ending July 1, 1949. The vote on this confirmation was 44 to 0.
_ Mrs. Chester A. Ryals, of Telfair County, to be a member of the Georgia Citizens Council, for a term beginning July 1, 1949 and ending July 1, 1953. The vote on this confirmation was 44 to 0.
Dr. M. D. Collins, of Fulton County, to be a member of the Board of Control for Southern Regional Education, for a term beginning May 17, 1949 and ending June 30, 1952. The vote on this confirmation was 44 to 0.
Honorable Georgia B. Culpepper, Jr., of Peach County, to be a member of the Board of Trustees of the Employees Retirement Fund, for a term beginning July 5, 1949 and ending June 30, 1951. The vote on this confirmation was 44 to 0.

906

JOURNAL OF THE SENATE,

Dr. Chas. W. Beasley, of Fulton County, to be a member of the State Board of Chiropody Examiners, for a term beginning July 19, 1949 and ending May 5, 1952. The vote on this confirmation was 44 to 0.
Dr. William Bookhammer, of Fulton County, to be a member of the State Board of Chiropody Examiners, for a term beginning July 19, 1949 and ending May 5, 1950. The vote on this confirmation was 44 to 0.
Respectfully submitted,
George D. Stewart
Secretary of Senate

The executive session was dissolved at 2:55p.m. and the Senate resumed its regular order of business.
Senator Purdom of the 46th moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

THURSDAY, JANUARY 19, 1950

907

Senate Chamber, Atlanta, Georgia. Thursday, January 19, 1950

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain. By unanimous consent, the call of the roll was dispensed with. Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today :
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills. 3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions.
7. The right granted to the president to call up any bill on the calendar in the order that he may desire.
The consent was granted.

The following bills and resolutions of the Senate were read the first time and referred to the committees:
SB 191. By Senators Foster of the 40th and Overby of the 33rd:
A bill to provide a state board of examiners of tile contractors; to provide for appointment of members; terms of office; duties, hours and compensation; to provide fees for such license; and for other purposes.
Referred to the Committee on State of the Republic.

SB 192. By Senator Harrison of the 17th:
A bill providing for the formation of non profit telephone cooperative corporations; providing the rights, powers and duties of such cooperatives; provide classification with regard to jurisdiction of Public Service Commission; regulating the issuance of obligation by such cooperatives; providing classification of obligations and the membership certificates and shares of stock of such cooperatives with respect to regulations; authorizing construction, maintenance and operation of telephone lines; authorizing the power of eminent domain; and for other purposes.
Referred to the Committee on Public Utilities.

908

JOURNAL OF THE SENATE,

SB 193. By Senator Harrison of the 17th:
A bill to amend an act known as the Electric Membership Corporation Act by permitting the division of corporation territory into districts and providing for the disposition of corporation property; and for other purposes.
Referred to the Committee on Public Utilities.

SB 194. By Senator McCoy of the 4th:
A bill to amend Code Sections 84-1011, 84-1012, and 84-1016 of the Code of 1933 by repealing the same and substituting new sections providing for the qualifications of practical nurses, examinations, licenses without examinations; and for other purposes.
Referred to the <;:ommittee on Public Health.
SB 195. By Senators Smith of the 37th and Overby of the 33rd: A bill to make any photostatic, microphotographic or photographic reproduction of any writing or record admissable as evidence; to prescribe rules with reference thereto; and for other purposes.
Referred to Committee on General Judiciary.
SB 196. By Senators Ayers of the 13th and Overby of the 33rd:
A bill to repeal Code Section 24-1716 and substitute a new section therefor to fix the fees to which the ordinaries of this state are entitled; and for other purposes.
Referred to the Committee on Counties and County Matters.
SR 71 By Senator Land of the 24th:
A resolution proposing an amendment to the Constitution by striking paragraph XV of Section VII of Article III and inserting in lieu thereof a new paragraph providing for notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; and for other purposes. Referred to the Committee on Amendments to the Constitution.
SB 197. By Senators Dykes of the 14th and Overby of the 33rd:
A bill changing the salary of the Supervisor of Purchases from $5,000 per annum to $7,500.00. Referred to the Committee on State of Republic.
SB 198. By Senators Overby of the 33rd and Dykes of the 14th: A bill to extend the provisions of the Merit System Act to include the employees of the office of the State Supervisor of Purchases; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 19, 1950

909

SB 199. By Senator Kykes of the 14th:
A bill declaring by law that federal rent control is no longer necessary in the State of Georgia or any part thereof; and for other purposes.
Referred to the Committee on State of the Republic.

SB 200. By Senator Overby of the 33rd:
A bill to amend the charter of the Town of Flowery Branch; define territorial limits, powers and duties; provide for mayor and councilmen, provide levying, assessing, collecting and disbursing taxes; and for other purposes.
Referred to the Committee on Municipal Government.

SB 201. By Senator Smith of the 37th, Senator Overby of the 33rd and Senator Saunders of the 25th:
A bill to amend an act known as the "Adoption Laws Revised"; and for other purposes.
Referred to the Committee on General Judiciary.

SB 202. By Senator Foster of the 40th:
A bill to amend an act relating to prescribing, administering and dispensing of narcotics by a physician, dentist, osteopath, veterinarian, etc.; and for other purposes.
Referred to the Committee on Public Health.

Mr. Higgenbotham of the 31st 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 174. Do Pass.
Respectfully submitted, C. M. Higginbotham, Chairman

Mr. Pittman, of the 42nd 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 House and has instructed me as chairman, to report the same back to the Senate with the following recommendations:

HB 433. Do Pass.

Respectfully submitted,
Pittman of 42nd District, Chairman

910

JOURNAL OF THE SENATE,

Mr. Overby, of the 33rd 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 follow-
ing bills and resolutions of the Senate and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 148. Do Pass. SB 163. Do Pass. SB 179. Do Pass. SR 66. Do Pass. SR 63. Do Pass. SR 68. Do Pass.
Respectfully submitted, Overby of 33rd District Chairman

Mr. Clary, of the 29th 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 back to the Senate with the following recommendations:
SB 127. Do Pass. Respectifully submitted, Clary of 29th District Chairman
Senator Housley of the 32nd 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 138. SB 167.
Respectifully submitted, Housley of the 32nd District, Chairman

THURSDAY, JANUARY 19, 1950

911

The following resolutions were read and adopted:

SR 72. By Senator Pilcher of the 19th:
A resolution paying tribute to the name of Robert E. Lee whose birthday is being celebrated today; and for other purposes.

SR 73. By Senator Pilcher of the 19th:
A resolution commending the Buckhead Century Club and the press for their fine entertainment on Wednesday, January 18, 1950.

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time :
SB 127. By Senator Clary of the 29th:
A bill to extend the provision of the Merit System Act approved February 4, 1943, (Georgia Laws 1943, pages 171-177) to include the officials and employees of the State Department of Banking; to repeal conflicting laws; and for other purposes.

SB 148. By Senator Pilcher of the 19th:
A bill to amend an act approved March 4, 1943 (Georgia Laws 1943, page 543) as amended by repealing Section 2 which imposes a tax on oysters gathered from the waters of this state; and for other purposes._

SB 153. By Senator Pilcher of the 19th:
A bill to amend an act approved January 25, 1946 (Georgia Laws 1946 pages 19-24) which amended the Motor Fuel Tax Law by striking from Section 1 thereof Subsection (1) (d) and substituting therefor a new Subsection (1) (d) providing for a refund on motor fuel tax paid by farmers purchasing in quantities of 25 gallons or more; and for other purposes.

SB 174. By Senator Zellner of the 22nd:
A bill to amend the charter of the City of Forsyth to authorize the city to close a portion of College Street; and for other purposes.

SB 179. By Senator Overby of the 33rd:
A bill to amend Section 15-302, Code of Georgia of 1933, relating to the cession to the United States of exclusive jurisdiction in and over lands acquired by the United States; and for other purposes.

SR 63. By Senator Davis of the 27th:
A resolution that the Tax Revision Committee be dissolved; and for other purposes.

SR 68. By Senator Saunders of the 25th:
A resolution authorizing execution of easement on a certain tract of land located in Harris County and known therein as Pine Mountain Park; and for other purposes.

912

JOURNAL OF THE SENATE,

HB 433. By Mr. Reed of Cobb:
A bill to provide no tax liens, other than liens ad valorem; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 141. By Senator Grayson of the 1st:
A bill to authorize the mayor and aldermen of the City of Savannah to alter and revise zoning and planning laws for the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 143. By Senator Grayson of the 1st:
A bill amending the act of the General Assembly approved February 25, 1949, amending the charter of the mayor and aldermen of the City of Savannah taking from the Chatham County Historic Site and Monument Commission the right to eminent domain; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 144. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to incur an additional debt under the terms of paragraph 3, Section 7, Article 7 of the Constitution ; and for other purposes.
The report 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 145. By Senator Grayson of the 1st:
A bill amending the charter of the mayor and aldermen of the City of Savannah; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 19, 1950

913

SB 149. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to convey rights-of-ways to the Coastal Highway District; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 150. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to reassess property; and for other purposes.

Senator Grayson of the 1st offered the following amendment:
Amend SB 150 by inserting a new paragraph to be known as paragraph 4A to read as follows:
"Be it further enacted that the mayor and aldermen of the City of Savannah shall not levy taxes on any reassessment of unimproved property until such time as all unimproved property has been reassessed completely; and the mayor and aldermen shall not levy and collect any additional taxes until all improved property within the corporate limits of the City of Savannah has been reassessed completely."
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.

SB 151. By Senator Grayson of the 1st: A bill authorizing the creating and establishing of a Municipal Court of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, t~e ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 376. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act abolishing the fee system for the Solicitor General of the Atlanta Judicial Circuit, and increasing the salary of the solicitor general thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

914

JOURNAL OF THE SENATE,

HB 429. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to supplement the salaries of the judges of the Superior Court of Fulton County from the treasury of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 61. By Senator Harrison of the 17th:
A resolution authorizing the Governor to deed to the United States Government approximately 106.89 acres of land in Jenkins County to be used by the Fish and Wildlife Service; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 65. By Senator Pilcher of the 19th:
A resolution authorizing the Secretary of State to improve in the number of loose leaf sections printed of the laws passed, a sufficient number in the total amount printed, to be sent to the lawyers of the State and other public officials; and for other purposes.
The president ruled that the Senate could take action on SR 65 without a third reading.
The resolution was adopted.

SB 160. By Senators Smith of the 37th, LeCraw of the 52nd and Purdom of the 46th:
A bill to repeal what is known as the Voters' Registration Act" No. 297 (HB 2) published in Georgia Laws, Extra Session in 1948, regular session 1949, pages 1204-1227, annulling all registration, fixing the qualifications of voters; and for other purposes.
Senator Overby of the 33rd moved that SB 160 be tabled.
On the motion to table, the ayes were 22, nays 18, and the bill was tabled.

SB 168. By Senator LeCraw of the 52nd:
A bill to postpone the effective date of the Voters' Registration Act approved February 25, 1949 (Georgia Laws 1949, page 1204) to the general election of 1952; and for other purposes.

THURSDAY, JANUARY 19, 1950

915

Senators Overby of the 33rd and LeCraw of the 52nd offered the following substitute:
An act to amend an act entitled an act to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters by providing for the annulment of all registrations heretofore effected by providing for a permanent registration, etc.; approved February 25, 1949, (Georgia Laws 1949, pages 1204 to 1227, inclusive) by striking the word "special" in line 2 of Section 2; by striking the figures "1950" in line 2 of Section 3 and inserting in lieu thereof the figures "1952"; by striking the word "special" in line 1 of Section 5, the words "special election" in line 5 of Section 5, and the word "special" in line 7 of Section 5; to provide for the supplementing and purging of the general election lists of qualified voters of the year 1948; by striking the figures "1952" in line 8 of Section 23 and inserting in lieu thereof the figures "1954" by striking the figures "1952" in line 32 of Section 23 and inserting in lieu thereof the figures "1954", and by striking the word, "special" in line 40 of Section 23; by adding a comma after the word April in line 1 of Section 26 and inserting after said word the figures and words "1952, and thereafter"; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That an Act approved February 25, 1949, and being an act entitled an act to effect a complete revision of all and singular the laws of this state in any way dealing with the subject of registration and qualification of voters by providing for the annulment of all registrations heretofore effected by providing for a permanent registration, etc.; (Georgia Laws 1949, pages 1204 to 1227 inclusive) be and the same is hereby amended by striking the word "special" in line 2 of Section 2 so that said section, as amended, shall read as follows: "Section 2. That except as hereinafter provided with reference to any election occurring before the first general election list shall have been prepared as provided in this act, all registrations heretofore effected are hereby declared null and void."
Section 2. By striking the figures "1950" in line 2 of Section 3 and inserting in lieu thereof the figures "1952", so that said section as amended shall read as follows: "Section 3. The first registration list hereunder shall be prepared in the year 1952, but the process of registration under this act shall start immediately on its passage and approval and all persons seeking to register and qualify as voters shall be registered and qualified as herein provided."
Section 3. By striking the word "special" in line 1 of Section 5, the words "special election" in line 5 of Section 5 and the word "special" in line 7 of Section 5, and by adding at the end of said section the following: "Those persons on the General Election list of qualified voters for the year 1948 and those persons who register under the terms of the provisions of this act shall be entitled to vote in any election prior to the general election of 1952. Provided, however, that it shall be the duty of the registrars to consolidate the lists for any such election and to make certain that no person is listed more than once on such consolidated list"; so that said section as amended shall read as follows: "Section 5. At any election, held before the first list under the terms of this act shall have been prepared and filed, the general election list

916

JOURNAL OF THE SENATE,

of qualified voters of the year 1948, in conjunction with a supplemental list prepared in accmdance with the provisions hereafter set forth shall be used. In the same manner the last general election list of qualified voters shall be used for any election occurring after said list is prepared but before the preparation of a new general election list. Nothing in this section shall be construed so as to prevent the registrars from purging said old list and the supplemental list and remove therefrom those persons not entitled to vote. Those persons on the general election list of qualified voters for the year 1948 and those persons who register under the terms of the provisions of this Act shall be entitled to vote in any election prior to the general election of 1952. Provided, however, that it shall be the duty of the registrars to consolidate the lists for any such election and to make certain that no persons is listed more than once on such consolidated list."
Section 4. By striking the figures "1952" in line 8 of Section 23 and inserting in lieu thereof the figures "1954", by striking the figures "1952" in line 32 of Section 23 and inserting in lieu thereof the figures "1954", and striking the word "special" in line 40 of Section 23, so that said section as amended shall read as follows: "Section 23. The electors who have qualified shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. No person shall remain a qualified voter who does not vote in at least one election within a two-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided.
Within sixty (60) days after the first day of January in each year beginning on January 1, 1954 the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:
He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows:
"You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person.
Application for continuation of registration:
"I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter.
Signature of elector-------------------------------------------------------------------------~
Present residence address_____________________________________________________________________
Date -----------------------------------------------------------------------------------------
Effective April 1, 1954, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus

THURSDAY, JANUARY 19, 1950

917

notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered. As the 1948 voters' list is preserved for elections which may take place prior to the preparation and filing of the first general election list hereunder, the tax collector shall until such time conform to the provisions of Section 34-115 of the 1933 Code as amended by act approved February 5, 1945 and more fully appearing on page 133, etc., of the Acts of the General Assembly of 1945, but the time for mailing the notice provided for in said Code section is hereby extended for an additional 15 days.
Section 5. By adding a comma after the word April in line 1 of Section 26 and inserting after said word the figures and words "1952, and thereafter"; so that said section as amended will read as follows: "Section 26. The registrars shall on the 20th day of April 1952, and thereafter in each year in which a general election is to be held, or on the day thereafter if the 20th day of April occurs on a Sunday, begin the work of perfecting a true and correct list of the qualified voters of their county. They shall place on said list only those persons they have found to be prima facie qualified to vote under the terms of this act and those persons whose applications were pending on said date and whom they shall subsequently find to be prima facie qualified to vote. In preparing said list they shall examine the list of disqualified persons furnished them by the tax collector or tax commissioner, the ordinary and the clerk of the superior court, and if any applicant's name is found thereon they shall not place his name on the voter's list. If the information comes to them after the preparation and filing of the list they shall call upon him to show cause why it should not be removed from the list.
Section 6. It shall be the duty of the county registrars of each county appointed pursuant to said Act of February 25, 1949, as amended, to purge the said 1948 lists of voters, as provided by law, of all persons who have become disqualified since the certification of said 1948 lists or for any reason are now disqualified or may be disqualified before the certification of said lists.
Section 7. If any section, sentence, subdivision or clause of this act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this act.
Section 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.
Senator Harrison of the 17th moved that SB 168, and the substitute be tabled.
On the motion to table, the ayes were 16, nays 26, and the motion was lost.
On the adoption of the substitute, the ayes were 34, nays 7, and the substitute was adopted.
The report of he committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 39, nays 8.
The bill having received the requisite constitutional majority, was passed by substitute.

918

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 to wit:

HB 68. By Messrs. Gross of Stephens, Hollis of Muscogee, Mathis of Lowndes and others:
A bill to amend Section 13-2048 of the Code of Georgia of 1933, said section relating to the payment of the deposit of a deceased intestate depositor to certain persons other than the representative of his estate; and for other purposes.

HB 100. By Messrs. Howard and Hubert of DeKalb:
A bill providing funds to compensate Dr. Fred Curtis, a citizen of the State of Georgia, for the death of his wife Mrs. Annie Mae Curtis, an employee of the state, who was killed in an elevator in the State Office Building on October 26, 1945; and for other purposes.

HB 326. By Messrs. Walton, Alverson and Smith of Fulton: A bill to amend Section 23-1704 of the Georgia Code of 1933 so as to require only one surety on the bond required thereby; and for other purposes.
HB 381. By Messrs. Willingham of Cobb and Davis of Bartow: A bill to amend Section 84-210 of the Georgia Code relating to the revocation of certificates of certified public accountants of this state; and for other purposes.
HB 482. By Messrs. Gross of Stephens and Tamplin of Morgan: A bill to promote the live stock industry in Georgia; to create a Georgia Board of Veterinary Examiners; and for other purposes.
HB 506. By Mr. Gross of Stephens: A bill to require certificates of title for motor vehicles; methods and rules for obtaining; and for other purposes.
HB 674. By Mr. Howard of DeKalb: A bill to provide that a trust shall be executory, and the legal estate shall remain in the trustee ; and for other purposes.
HR 23-139b. By Mr. McGarity of Henry: A resolution in regard to compensation for injuries to the house of Mrs. Olivia Glass by state patrolman running automobile of State Patrol into right front corner of porch; and for other purposes.

THURSDAY, JANUARY 19, 1950

919

HR 47-250d. By Messrs. Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn and Durden of Dougherty:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 2 General Procedure in Trial Courts" as proposed by a committee of the bar of this state and adopted by the Supreme Court of Georgia; and for other purposes.

HR 55-341a. By Mr. Pittman of Tift:
A resolution to authorize the Commissioner of Agriculture to deed the discontinued market site at Tifton to the City of Tifton and the County of Tift; and for other purposes.

HB 239. By Messrs. Abney of Walker, Hale of Dade, Britton and Bledsoe of Whitfield and others :
A bill to create a new judicial circuit for the State of Georgia, to be called the Lookout Mountain Judicial Circuit and to be composed of the Counties of Catoosa, Dade, Chattooga, and Walker; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:
Amend HB 239 by striking from the caption of said bill and the body thereof wherever they appear, the words "Lookout Mountain Judicial Circuit" and substituting in lieu thereof the words, "Lookout Judicial Circuit".
And by striking from said act the words "Lookout Mountain Circuit" wherever they appear in said act and inserting in lieu thereof the words, "Lookout Circuit".
And by striking in its entirety the provisions of Section 4 and sub,;;tituting in lieu thereof new provisions for Section 4 to read as follows: "Section 4. A judge of the several counties of the Lookout Judicial Circuit shall be elected at the general election of 1950 to take office for a term beginning January 1, 1951."
And by adding a new section thereto to be known as "Section 6a" and which shall read as follows: "Section 6a. The Solicitor General of the Lookout Judicial Circuit shall be paid a salary of five thousand dollars ($5,000.00) per annum which shall be paid in equal monthly installments. Said sum shall be in addition to the two hundred and fifty dollars ($250.00) now paid to the solicitors general by the state and the fees payable for services in cases in which it is necessary for the Solicitor General to appear in the Supreme Court of Georgia and the Court of Appeals of Georgia. Said salary of five thousand dollars ($5,000.00) shall be paid by the four counties of said circuit and shall be paid on a pro rata basis. Such pro rata payments shall be made on a percentage basis to be figured in accordance with the present and each future United State census according to the ratio which the population of each county bears to the total population of all four counties. All fees, fines and forfeitures now allowed or hereafter allowed by law to the solicitor general in city and superior courts shall be paid into the general funds of the county in which they accrue, so that the said salary as set out herein shall be in lieu of all such fees, fines and forfeitures, and said salary shall be the only compensation allowed to said solicitor general. The

920

JOURNAL OF THE SENATE,

counties composing said circuit are hereby authorized, if necessary, to levy a tax for the purpose of the payment of said salary, and said salary to become effective January 1, 1953."
And by adding a new section to be known as "Section 7a" and which shall read as follows: "Section 7a. The Lookout Judicial Circuit shall not come into full force and effect until January 1, 1951."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th moved that when the Senate adjourn today it stand adjourned until 10 o'clock Monday morning and the motion prevailed.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock Monday morning.

MONDAY, JANUARY 23, 1950

921

Senate Chamber, Atlanta, Georgia Monday, January 23, 1950

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, Rev. Gilbert Ramsey, pastor of Yorkville Methodist Church, Quitman, Ga.
By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions.
7. The right granted to the President to call up any bill on the calendar in the order that he may desire.
The consent was granted.
Senator Lunsford of the 9th addressed the Senate on a point of personal privilege.
Senator Blalock of the 36th asked unanimous consent that Senator Lunsford's remarks be incorporated in the journal, and the consent was granted.
Senator Lunsford's remarks were as follows:
Gentlemen, I heard most of the arguments put up here the other afternoon, both for and against rent control.
I saw the picket line in the gallery, the pressure troup, the placards saying down with rent control, down with Hartsfield, and do something about Heaven, no mention of Hell, but by the discourtesy shown some of the speakers, one could see where they would like to consign the souls of the speaker who chose to champion the cause of the other group, the group that was afraid to appear for fear of being thrown out in the street at the first opportunity.
Gentlemen, there are two very disturbing sides to this question and when one is not getting a fat fee for representing either side he is more likely to get an impartial viewpoint.

922

JOURNAL OF THE SENATE,

One lady showed me an affidavit where she had rented part of her house out to some drunks and had to spend the night at the neighbors because she was afraid. Is that the reason for abolishing rent control, wouldn't it be better not to rent to drunks or at least require references from former landlords.
Letters were shown me wltere the landlord had raised rent in anticipation of decontrol up to 1005 in some cases.
Should that be the determining factor in holding on to control?
Not a man in this General Assembly can possibly know the correct answer.
We come here from every section of the State, big counties, little counties, big towns and little towns. We from the small counties already hold the whip hand over Atlanta, Macon, Athens, Savannah, Augusta and others. Let's not abuse that authority. Let's be fair. Let's give them a chance to work out their own problems. What the heck do we care whether they are hurt or helped by our decision? Are we going to offer to feed the ones turned out in the street on account of high rents or give them shelter?
Are we going to help pay the plumber when the landlord can't collect enough rent to pay the bill? No, we are not concerned one way or the other.
What about the poor widows who have only one or two units to rent and must depend on those for her living? Well, what about the poorer widows .who can't pay any more? Her children have forgotten her and she may not know where they are. Now she has a chance of being protected, but if we abolish rent control out she may go and we will be to blame. Why, because we had no business to mess with it in the first place.
What does the Bible say about it? In the third chapter of Genesis the 19th verse are these words "In the sweat of thy face shalt thou eat bread till thou return to the ground from whence thou came."
Not one word about making a living, collecting rent, or lending money at usury, or being a lawyer, or a politician getting pay for talking as I am doing.
Another quotation, "As ye would that men should do to you, do ye even so to them."
Are we doing so by this law which is clearly against the wishes of a sizeable majority of the registered voters of Atlanta, and a much greater majority of those who never vote, the poor workers who cannot leave their jobs long enough to vote?
I don't know anything about Bill Hartsfield or the Mayor of Athens, but their people asked them in no uncertain terms to protect them from gouging landlords and he is doing just that.
Gentlemen, I say let's you and I in the State Senate of Georgia try to first attend to the matters of state, and let the people of Atlanta attend to the matters of Atlanta.
They may tell you the tenants are making more money and should pay more rent. That's no argument, that does not increase the investment in the shelter. That is none of the landlord's business.
The Bible says "thou shalt not covet."
The landlords say repairs are more costly, assessments are higher, taxes are higher.

MONDAY, JANUARY 23, 1950

923

The written and recorded testimony is that rent increases have been allowed in practically all cases where it is shown that increases are deserved, and more will be granted all along.
$19,000.00 increases here in Atlanta in the past 6 months, an average of 20%, some a great deal more.
What happened in the towns where decontrol was put into effect? In Houston, Texas, up 41%, Salt Lake City 16%.
The new rent control law is very liberal and gives the landlord every consideration to state his case and get adjustments for increases in water rates, taxes, insurance, maintenance cost, janitor service, fuel, etc.
Why should he still want an extra slice out of the check of the man who is doing what God put him here for, earning his living by the sweat of his brow, trying just as hard as God will let him to accumulate a little stake in a home of his own where he can get away from this threatened hold up hanging over his head month after month along with his other worries.
It's a free country, yes, but freedom from fear, as well as free speech, and free license to gouge and hurt one's fellowman.
The entire matter simply calls for this answer and decision: This legislature shouldn't have a thing to do with it, it's none of our business, let's kill the bill or postpone it.

The fo'llowing 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 273. By Mr. Gross of Stephens:
A bill to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.

HB 322. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to clarify sections 23-1704 and 23-1705 of the Georgia Code of 1933 so as to provide for execution by public contractors of a single bond embracing the requirements of both of said sections; and for other purposes.

HB 327. By Messrs. Willis of Thomas, Buie of Camden, and others:
A bill to amend section 56-1102 of the Georgia Code of 1933 relating to fidelity insurance bonds to provide for proof of agent's authority to execute the bond; and for other purposes.

HB 402. By Mr. Howard of DeKalb:
A bill to amend section 27-2702 and section 27-2502 of 1933, providing for placing felony prisoner on probation by the court; and for other purposes.

924

JOURNAL OF THE SENATE,

HB 458. By Messrs. Gowen of Glynn, Reed of Cobb, and others:
A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; and for other purposes.

HB 485. By Messrs. Willis of Thomas, Buie of Camden, and others:
A bill to amend an act approved December 21, 1938, the same being entitled Widows of Veterans, by providing for pensions to be paid to widows; and for other purposes.

HB 512. By Messrs. Rowland of Johnson and Hagan of Screven:
A bill to amend title 114 of the Code of Georgia of 1933, known as the Georgia Workmen's Compensation Act; and for other purposes.

HB 727. By Mr. Gross of Stephens:
A bill to amend an act approved August 14, 1917, entitled an act to provide for nominations by political parties in this state of candidates for United States Senator, Governor, state house officers, etc.; and for other purposes.

HR 44-250a. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 4 Pre-Trail Conferences" as proposed by a committee of.the bar of this state; and for other purposes.

HR 45-250b. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 1, General Procedure in Trial Courts" as proposed by a committee of the bar of this state; and for other purposes.

HR 46-250c. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 3, Admission of Genuineness of Documents," as proposed by a committee of the bar of this state; and for other purposes.
HB 794. By Messrs. Ellis and Vickers of Coffee:
A bill to amend the charter of the City of Douglas ; to furnish aid and relief and to grant pensions to employees now in active service and their dependents; and for other purposes.
HB 796. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
HB 805. By Messrs. Miller, Trice and Vandiver of Bibb: A bill to ratify and confirm action of mayor and council of the City of Macon in abandoning, vacating, and closing certain portions of New and Willow Streets and Spring Street Lane in said city; and for other purposes.

MONDAY, JANUARY 23, 1950

925

HB 807. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon ; and for other purposes.

HB 808. By Messrs. Vandiver, Trice and Miller 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 811. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Roswell; and for other purposes.
HB 814. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend the Fulton County employees pension code; to provide for the withdrawal by persons transferring all their contributions; and for other purposes.

HB 815. By Mr. Brazeal of Terrell: A bill to amend the charter of the City of Dawson; and for other purposes.
HB 818. By Mr. Stanton of Newton: A bill to amend an act increasing the salary of the treasurer of Newton County; and for other purposes.
HB 838. By Mr. Baggett of Grady: A bill to repeal an act approved August 14, 1931, and change the time for holding the fall term of Grady Superior Court; and for other purposes.
HB 847. By Mr. Smiley of Liberty: A bill to amend an act creating the City Court of Hinesville; and for other purposes.

HB 854. By Mr. Sills of Candler: A bill to amend an act creating the board of road and revenue commissioners for Candler County; and for other purposes.
HB 776. By Messrs. Durden and Davis of Dougherty: A bill to amend the act creating and establishing a new charter for the City of Albany; to prescribe an increase in salary for the mayor, etc.; and for other purposes.
HB 777. By Messrs. Durden and Davis of Dougherty: A bill to amend an act creating and establishing a new charter for the City of Albany; to authorize the City of Albany to enter into contracts for group insurance; and for other purposes.

926

JOURNAL OF THE SENATE,

HB 778. By Messrs. Jenkins and Davis of Bartow:
A bill to amend an act granting a new charter to the City of Cartersville; and for other purposes.

HB 779. By Messrs. Davis and Jenkins of Bartow: A bill to amend an act granting a new charter for the City of Cartersville, relating to assessments, etc.; and for other purposes.
HB 780. By Messrs. Jenkins and Davis of Bartow: A bill to change the ordinary from the fee system to the salary system in certain counties in Georgia; and for other purposes.
HB 782. By Mr. Cook of Chattooga: A bill to amend an act entitled an act to establish the City Court of Chattooga County; and for other purposes.
HB 785. By Messrs. Carmical and Cranford of Coweta: A bill to amend an act to establish a City Court of Newnan; and for other purposes.
HB 786. By Messrs. Carmical and Cranford of Coweta: A bill to amend an act authorizing the board of commissioners of roads and revenue for Coweta County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
HB 789. By Mr. Tribble of Monroe: A bill to amend the city charter of the City of Forsyth, providing for the closing of certain streets; and for other purposes.
HB 790. By Mr. Aultman of Houston: A bill to amend an act entitled "An act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; and for other purposes.
HB 793. By Messrs. Ellis and Vickers of Coffee: A bill to amend an act incorporating the City of Douglas; and for other purposes.
HB 748. By Messrs. Willingham and Reed of Cobb: A bill to amend an act to create a new charter for the City of Marietta; to provide for a board of appeals; and for other purposes.
HB 750. By Mr. Kemp of Clayton: A bill to create and incorporate the City of Lake Tara in the County of Clayton; and for other purposes.

MONDAY, JANUARY 23, 1950

927

HB 751. By Mr. Kemp of Clayton:
A bill to amend an act to establish the City Court of Jonesboro; and for other purposes.

HB 752. By Mr. Kemp of Clayton:
A bill to amend an act establishing the office of tax receiver and the office of tax collector of Clayton County, and to create the office of tax commissioner; and for other purposes.

HB 753. By Mr. Kemp of Clayton:
A bill to change the fee system to the salary system in the County of Clayton; and for other purposes.

HB 754. By Mr. Kemp of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; to redefine the corporate limits of said town; to provide for and fix the term of office of the mayor and aldemen ; and for other purposes.

HB 755. By Mr. Kemp of Clayton:
A bill to amend an act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court and the sheriff; and for other purposes.

HB 756. By Messrs. Nelson of Pulaski, Jessup of Bleckley, Adams of Wheeler, Walker of Telfair, Moore of Dodge, Hilton of Montgomery, and Gillis of Treutlen :
A bill to amend an act providing for the salary of the solicitor general of the Oconee Judicial Circuit; and for other purposes.
HB 758. By Messrs. Cagle of Cherokee, Willingham and Reed of Cobb, Cagle of Pickens, Simmons of Gilmer, Mull of Fannin, and Mashburn of Forsyth:
A bill to supplement the salary of the judge of the superior court of the Blue Ridge Judicial Circuit; and for other purposes.
HB 759. By Mr. Gross of Stephens:
A bill to amend an act fixing the terms of superior court for Stephens County in the Mountain Judicial Circuit; and for other purposes.
HB 774. By Mr. Lokey of McDuffie:
A bill to amend an act incorporating the Town of Thomson; and for other purposes.
HB 710. By Mr. Pannell of Murray:
A bill to abolish that portion of the street known as First Avenue which lies east of the Louisville and Nashville railroad in the City of Eton; and for other purposes.

928

JOURNAL OF THE SENATE,

HB 717. By Messrs. Davis and Durden of Dougherty:
A bill to provide for holding four terms a year of the superior court of Dougherty County; to prescribe the time of and for holding the same; and for other purposes.

HB 736. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act entitled "An act to provide for a county board of commissioners for the County of Mitchell; and for other purposes.

HB 737. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act entitled "An act to create a new charter for the City of Camilla; authorizing the City of Camilla to levy an excise tax on the sale of malt beverages; and for other purposes.

HB 738. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act establishing the City Court of Camilla; and for other purposes.

HB 739. By Messrs. Coleman, Bell and Cohen of Richmond:
A bill to amend the charter of the Town of Hepzibah; and for other purposes.

HB 742. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend the charter of the City of LaGrange so as to provide for a city manager; and for other purposes.

HB 743. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to amend the charter of the City of LaGrange so as to extend the corporate limits; and for other purposes.
HB 744. By Messrs. Robertson and Hill of Meriwether: A bill to amend the charter of the City of Manchester; and for other purposes.
HB 746. By Messrs. Vickers and Galloway of Colquitt: A bill to amend an act creating the City Court of Colquitt County; and for other purposes.
HB 747. By Mr. Garrard of Wilkes: A bill to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a population of not more than 15,083 and not less than 15,085; ;md for other purposes.

MONDAY, JANUARY 23; 1950

929

The House has adopted the following resolutions of the House and Senate, to wit:
HR 146. By Messrs. Hood of Chatham, Twitty of Mitchell, and others:
A resolution to repeal and r~scind a resolution adopted by the 1946 session of the General Assembly placing Georgia's name upon the list of states petitioning for world federation; and for other purposes.

SR 60. By Senators Purdom of the 46th and Pilcher of the 19th:
A resolution to clarify and express the intent and purpose of the State Senate and House of Representatives in adjourning on February 19, 1949.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees :
SB 203. By Senators Lunsford of the 9th, Zellner of the 22nd, and Sims of the 2nd:
A bill to repeal Code section 32-938 of the Code of Georgia 1933, as amended relating to the attendance of children residing in one county in schools located in another county; and for other purposes.
Referred to the Committee on General Judiciary.

SB 204. By Senators Overby of the 33rd and Blalock of the 36th:
A bill to amend chapter 22-5 of the Code of Georgia of 1933 by adding a new section to be known as section 22-519 providing for amendments of charters or certificates of incorporation of railroad companies reorganized under the National Bankruptcy Act, as amended; and for other purposes.
Referred to the Committee on General Judiciary.

SB 205. By Senator Wright of the 5th:
A bill to amend an act approved January 30, 1945, which amended the charter of the City of Waycross approved August 16, 1922, and which authorized the creation of a pension association for employees of the City of Waycross; and for other purposes.
Referred to the Committee on Municipal Government.
SB 206. By Senators Foster of the 40th, McCoy of the 4th, and Daniel of the 49th:
A bill to amend an act entitled "An act to define reckless driving and to prohibit the same; to restrict the speed on the public streets and highways of this state"; by striking the figure 55 when it appears and substituting the figure 65; and for other purposes.
Referred to the Committee on State of the Republic.
HB 674. By Mr. Howard of DeKalb:
A bill to provide that a trust shall be executory, and the legal estate shall remain in the trustee; and for other purposes.
Referred to the Committee on Special Judiciary.

930

JOURNAL OF THE SENATE,

HR 23. By Mr. McGarity of Henry:
A resolutioh to compensate for injuries to the house of Mrs. Olivia Glass by state patrolman running automobile of state patrol into right front corner of the porch; and for other purposes.
Referred to the Committee on Appropriations.

HR 47. By Messrs. Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn and Durden of Dougherty:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 2 General Procedure in Trial Courts" as proposed by a committee of the bar of this state and adopted by the Supreme Court of Georgia; and for other purposes.
Referred to the Committee on General Judiciary.

HR 55. By Mr. Pittman of Tift:
A resolution to authorize the Commissioner of Agriculture to deed the discontinued market site to the City of Tifton and the County of Tift; and for other purposes.
Referred to the Committee on Agriculture.

HB 68. By Messrs. Gross of Stephens, Hollis, Mathis of Lawndes, and others:
A bill to amend section 13-2408 of the Code of Georgia of 1933, said section relating to the payment of the deposit of a deceased intestate depositor to certain persons other than the representative of his estate; and for other purposes.
Referred to the Committee on General Judiciary.

HB 100. By Messrs Howard and Hubert of DeKalb:
A bill providing funds to compensate Dr. Fred Curtis a citizen of the State of Georgia for the death of his wife Mrs. Annie Mae Curtis an employee of the state; and for other purposes.
Referred to the Committee on Appropriations.

HB 326. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend section 23-1704 of the Code of Georgia 1933 so as to require only one surety on the bond required thereby; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 381. By Messrs. Willingham of Cobb and Davis of Bartow:
A bill to amend section 84-210 of the Georgia Code relating to the revocation of certificate of certified public accountants of this state; and for other purposes.
Referred to the Committee on General Judiciary.

MONDAY, JANUARY 23, 1950

931

HB 482. By Messrs. Gross of Stephens and Tamplin of Morgan:
A bill to promote the live stock industry in Georgia; to create a Georgia Board of Veterinary Examiners ; and for other purposes.
Referred to the Committee on General Judiciary.

HB 506. By Mr. Gross of Stephens:
A bill to require certificates of title for motor vehicles; methods and rules for obtaining; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 273. By Mr. Gross of Stephens:
A bill to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
Referred to the Committee on State of the Republic.

HB 322. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to clarify sections 23-1704 and 23-1705 of the Georgia Code of 1933 so as to provide for execution by public contractors of a single bond embracing the requirements of both of said sections; and for other purposes.
Referred to the Committee on General Judiciary.

HB 327. By Messrs. Willis of Thomas, Buie of Camden, and others:
A bill to amend section 56-1102 of the Georgia Code of 1933 relating to fidelity insurance bonds to provide for proof of agent's authority to execute the bond; and for other purposes.
Referred to the Committee on Insurance.
HB 402. By Mr. Howard of DeKalb:
A bill to amend section 27-2702 and section 27-2502 of 1933, providing for placing felony prisoner on probation by the court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 458. By Messrs. Gowen of Glynn, Reed of Cobb, and others: A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; and for other purposes.
Referred to the Committee on General Judiciary.

HB 485. By Messrs. Willis of Thomas, Buie of Camden, and others:
A bill to amend an act approved December 21, 1938, the same being entitled Widows of Veterans, by providing for pensions to be paid to widows ; and for other purposes.
Referred to the Committee on Pensions.

932

JOURNAL OF THE SENATE,

HB 512. By Messrs. Rowland of Johnson and Hagan of Screven:
A bill to amend title 114 of the Code of Georgia of 1933, known as the Georgia Workmen's Compensation Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 727. By Mr. Gross of Stephens:
A bill to amend an act approved August 14, 1917, entitled an act to provide for nominations by .political parties in this state of candidates for United States Senator, Governor, state house officers, etc.; and for other purposes.
Referred to the Committee on State of the Republic.

HR 44. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 4 Pre-Trail Conferences" as proposed by a committee of the bar of this state; and for other purposes.
Referred to the Committee on General Judiciary.

HR 45. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 1, General Procedure in Trial Courts" as proposed by a committee of the bar of this state; and for other purposes.
Referred to the Committee on General Judiciary.

HR 46. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 3, Admission of Genuineness of Documents," as proposed by a committee of the bar of this state; and for other purposes.
Referred to the Committee on General Judiciary.

HB 738. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act establishing the City Court of Camilla; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 739. By Messrs. Coleman, Bell and Cohen of Richmond:
A bill to amend the charter of the Town of Hepzibah; and for other purposes.
Referred to Committee on Municipal Government.

HB 742. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend the charter of the City of LaGrange so as to provide for a city manager; and for other purposes. Referred to the Committee on Municipal Government.

MONDAY, JANUARY 231 1950

933

HB 743. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend the charter of the City of- LaGrange, so as to provide for a city manager; and for other purposes.
Referred to the Committee on Municipal Government.

HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester; and for other purposes.
Referred to the Committee on Municipal Government.

HB 746. By Messrs. Vickers and Galloway of Colquitt:

A bill to amend an act creating the City Court of Colquitt County; and

for other purposes.

-

Referred to the Committee on Counties and County Matters.

HB 747. By Mr. Garrard of Wilkes:
A bill to penalize the possession of malt beverages and wine in all counties in the State of Georgia having a population of not more than 15,083 and not less than 15,085; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 748. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act to create a new charter-for the -City of Marietta; to provide for a board of appeal; and for other purposes.

HB 750. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Lake Tara in the County of Clayton; and for other purposes.
Referred to the Committee on Municipal Government.

HB 751. By Mr. Kemp of Clayton:
A bill to amend an act to establish the City Court of Jonesboro; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 752. By Mr. Kemp of Clayton:
A bill to amend an act establishing the office of the tax receiver and the office of the tax collector of Clayton County, and to create the office of tax commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

934

JOURNAL OF THE SENATE,

HB 763. By Mr. Kemp of Clayton:
A bill to amend an act to incorporate the fee system to the salary in County of Clayton ; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 754. By Mr. Kemp of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; to redefine the corporate limits of said town; to provide for and fix the term of office of the mayor and aldermen; and for other purposes.
Referred to the Committee on Municipal Government.

HB 766. By Mr. Kemp of Clayton:
A bill to amend an act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court and the sheriff; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 766. By Messrs. Nelson of Pulaski, Jessup of Bleckley, Adams of Wheeler, Walker of Telfair, Moore of Dodge, Hilton of Montgomery, and Gillis of Treutlen : A bill to amend an act providing for the salary of the solicitor general of the Oconee Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 758. By Messrs. Cagle of Cherokee, Willingham and Reed of Cobb, Cagle of Pickens, Simmons of Gilmer, Mull of Fannin and Mashburn of Forsyth: A bill to supplement the salary of the judge of the superior courts of the Blue Ridge Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 759. By Mr. Gross of Stephens: A bill to amend an act fixing the terms of superior courts of the Blue Ridge Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
BB 774. By Mr. Lokey of McDuffie: A bill to amend an act incorporating the Town of Thomson; and fot other purposes.
Referred to the Committee on Municipal Government.

MONDAY, JANUARY 23, 1950

935

HB 710. By Mr. Pannell of Murray:
A bill to abolish that portion of the street known as First Avenue which lies east of the Louisville and Nashville railroad in the City of Eton; and for other purposes.
Referred to the Committee on Municipal Government.

HB 717. By Messrs. Davis and Durden of Dougherty:
A bill to provide for holding four terms a year of the superior court of Dougherty County; to prescribe the time of and for holding the same; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 736. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act to provide for a county board of commissioners for the County of Mitchell; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 737. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act entitled "An act to create a new charter for the City of Camilla; authorizing the City of Camilla to levy an excise tax on the sale of malt beverages; and for other purposes.
Referred to the Committee on Municipal Government.

HB 776. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; to prescribe an increase in salary for the mayor, etc.; and for other purposes.
Referred to the Committee on Municipal Government.

HB 777. By Mr. Durden of Dougherty:
A bill to amend an act creating and establishing a new charter of the City of Albany; to authorize the City of Albany to enter into contracts for group insurance; and for other purposes.
Referred to the Committee on Municipal Government.

HB 778. By Messrs. Jenkins and Davis of Bartow:
A bill to amend an act granting a new charter for the City of Cartersville; and for other purposes.
Referred to the Committee on Municipal Government.

HB 779. By Messrs. Davis and Jenkins of Bartow:
A bill to amend an act granting a new charter of the City of Cartersville relating to assessments, etc.; and for other purposes.
Referred to Committee on Municipal Government.

936

JOURNAL OF THE SENATE,

HB 780. By Messrs. Jenkins and Davis of Bartow:
A bill to change the ordinary from the fee system to the salary system in certain counties in Georgia; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 782. By Mr. Cook of Chattooga:

A bill to amend an act entitled an act to establish the City Court of Chat-

tooga County; and for other purposes.



Referred to the Committee on Counties and County Matters.

HB 785. By Messrs. Carmical and Cranford of Coweta:
A bill to amend an act to establish a City Court of Newnan; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 786. By Messrs. Carmical and Cranford of Coweta:
A bill to amend an act authorizing the board of commissioners of roads and revenue for Coweta County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 789. By Mr. Tribble of Monroe: A bill to amend the city charter of the City of Forsyth, providing for the closing of certain streets; and for other purposes.
Referred to the Committee on Municipal Government.
HB 790. By Mr. Aultman of Houston: A bill to amend an act entitled "An act to create and incorporate a new municipality in Houston County to be known as Warner Robins; and for other purposes.
Referred to the Committee on Municipal Government.
HB 794. By Messrs. Ellis and Vickers of Coffee: A bill to amend the charter of the City of Douglas; to furnish aid and relief and to grant pensions to employees now in active service and their dependents; and for other purposes.
Referred to the Committee on Municipal Government.
HB 796. By Messrs. Nightingale and Gowen of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, JANUARY 23, 1950

937

HB 805. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and confirm action of mayor and council of the City of Macon in abandoning, vacating and closing certain portions of New and Willow Streets and Spring Street Lane in said city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 807. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
Referred to the Committee on Municipal Government.

HB 808. By Messrs. Vandiver, Trice and Miller 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.
Referred to the Committee on Municipal Government.

HB 811. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to consolidate, create, revise and supersede the several acts incorporating the Town of Roswell; and for other purposes.
Referred to Committee on Municipal Government.

HB 814. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Fulton County employees pension code; to provide for the withdrawal by persons transferring all their contributions; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 815. By Mr. Brazeal of Terrell:
A bill to amend the charter of the City of Dawson; and for other purposes.
Referred to Committee on Municipal Government.

HB 818. By Mr. Stanton of Newton:

A bill to amend an act increasing the salary of the treasurer of Newton

County; and for other purposes.



Referred to the Committee on Counties and County Matters.

HB 838. By Mr. Baggett of Grady:
A bill to repeal an act approved August 14, 1931, and change the time for holding the fall term of Grady Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

938

JOURNAL OF THE SENATE,

HB 847. By Mr. Smiley of Liberty:
A bill to amend an act creating the City Court of Hinesville; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 854. By Mr. Sills of Candler:
A bill to amend an act creating the board of road and revenue commissioners of Candler County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 793. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act incorporating the City of Douglas; and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Ayers of the 13th 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 162. Do Pass. SB 190. Do Pass. SB 147. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Overby of the 33rd 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 and resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 56. SB 186. SB 197. SB 198. SB 199.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

MONDAY, JANUARY 23, 1950

939

Senator Housley of the 32nd 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 141. SB 143. SB 144. SB 145. SB 149. SB 150. SB 151. SB 168. SR 61. SR 65. SR 36. SR 75.
Respectfully submitted, Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SR 56. By Senator Stark of the 35th: A resolution to re-open Talmadge Drive at the Farmer's State Market; and for other purposes.
SB 197. By Senators Dykes of the 14th and Overby of the 33rd: A bill changing the salary of the supervisor of purchases from $5,000 per annum to $7,500; and for other purposes.
SB 198. By Senators Overby of the 33rd and Dykes of the 14th: A bill to extend the provisions of the merit system act to include the employees of the office of the state supervisor of purchases; and for other purposes.

940

JOURNAL OF THE SENATE,

SB 190. By Senator Land of the 24th:
A bill to amend an act creating a board of commissioners of roads and revenues of Muscogee County by providing a change in the length of tenure of office; and for other purposes.

SB 147. By Senator Grayson of the 1st:
A bill calling for a special election for the County of Chatham and City of Savannah to determine whether the citizens desire the construction of a toll road to Tybee; modern stadium facilities to be constructed; construction and operation of new hospitals; construction of modern and adequate sewer system; and for other purposes.

SB 162. By Senator McCoy of the 4th:
A bill to provide for the collection and safe keeping and accounting for fines and forfeitures received by the ordinaries in the County of Charlton; and for other purposes.

SB 199. By Senator Dykes of the 14th:
A bill declaring by law that Federal rent control is no longer necessary in the State of Georgia or any part thereof; and for other purposes.

Senator LeCraw of the 52nd moved that SB 199 be recommitted to the Committee on State of the Republic for the purpose of holding a public hearing, and the motion prevailed.

Senator Zellner of the 22nd asked unanimous consent that the following bill be withdrawn from the Senate:

SB 186. By Senator Zellner of the 22nd:
A bilHo create a department to be known as the Georgia State Museum; .. to provide for a director; to provide the qualifications for said director;
to provide for powers and duties for said director; and provide the compensation; and for other purposes.
The consent was granted.

The President announced the following committee appointments for Senator Staten of the 6th:
Vice Chairman of the Committee on Conservation,
Secretary of the Committee on Education and Public Schools, member of the Agriculture Committee, member of the Committee on Amendments to the Constitution, member of the Finance Committee, member of the Committee on Game and Fish, member of the Committee on Motor Vehicles, member of the Committee on Penal Institutions, and a member of the Rules Committee.

MONDAY, JANUARY 23, 1950

941

The following resolution was read and adopted:

SR 75. By Senators Purdom of the 46th, Newton of the 47th, and Ayers of the 13th:

A resolution by the Senate, the House concurring, commending Senator Smith of the 37th for his position in defending the junior colleges of Georgia; and for other purposes.

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

SB 170. By Senator Land of the 51st:
A bill to amend the act creating a municipal court in and for the City of Macon and the acts amendatory thereof so as to change the name of the municipal court of the City of Macon to the Civil Court of Bibb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 171. By Senator Land of the 51st:
A bill to amend an act creating a municipal court pf the City of Macon and the acts amendatory thereto so as to change the name to the Civil Court of Bibb County and provide that the salary of the judge of the Civil Court of Bibb County shall be fixed by the General Assembly 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 174. By Senator Zellner of the 22nd:
A bill to amend the charter of the City of Forsyth to authorize the city to close a portion of College Street; and for other purposes.
The report 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.

942

JOURNAL OF THE SENATE,

HB 693. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act to consolidate and supersede an act incorporating the City of Dalton; and for other purposes.
The report 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 694. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act so as to provide for the management and control of public sewer system in the City of Dalton, County of Whitfield; and for other purposes.
The report 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 696. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend an act so as to provide for the levy and collection of an annual ad valorem tax in amounts not to exceed one per centum of all the taxable property, both real and personal, for ordinary current expenses, and at a rate not to exceed two per centum of the value of all taxable property within the limits of the City of Dalton, County of Whitfield; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolution of the Senate and House were read the third time and put upon their passage:
HB 493. By Messrs. Ellis of Coffee and Moulton of Floyd:
A bill to amend section 5 of the act approved March 19, 1943, establishing a teacher's retirement system for Georgia by extending the time for the compulsory retirement; and for other purposes.
The report 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.

MONDAY, JANUARY 23, 1950

943

SB 177. By Senator Pilcher of the 19th:
A biil to amend an act approved February 17, 1949 (Ga. Laws 1949, pages 780-784) entitled "An act to provide for the creation of the office of solicitor general emeritus; prescribe eligibility for incumbents ; terms, duties and compensation; create solicitors' general retirement fund of Georgia; provide trustees thereof, provide payments into and disbursements from said 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 166. By Senators Tarver of the 48th, Smith of the 37th, Harrison of the 17th, Land of the 24th, and Pilcher of the 19th:
A bill to amend an act approved March 9, 1945 (Ga. Laws 1945, pages 362-366) as amended creating the office of the judge of the superior court emeritus by striking the words "continuous" and "continuously" wherever the same appears in said act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 436. By Messrs. Gross of Stephens, Stevens of Marion, Bell of Elbert, Lewis of Hancock, Walton of Fulton, and McMillan of Washington:
A bill to amend an act known as the "Unemployment Compensation Act" by reducing the rate of taxation; by increasing the amount of benefits; and for other purposes.

Senator Overby of the 33rd 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 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.; as further amended by acts (2) approved March 8, 1945, Georgia Laws 1945, pp. 259, et seq., and pp. 331, et seq.; as further amended by an act approved March 27, 1947, Georgia Laws 1947, pp. 651, et seq.; by further defining eligibility for benefits; by modifying and liberalizing the benefit table so as to change the weekly benefit amounts, qualifications, eligibility for benefits, and duration of benefits; by modifying the disqualification provisions; by reducing the term of the waiting period; by reducing the contribution rates; by changing the method

944

JOURNAL OF THE SENATE,

of charging benefits for experience rating purposes; by modifying provisions for the acquisition of employer experience; by modifying provisions regarding voluntary election of coverage and termination of liability of employers; by modifying the provisions regarding penalties for violation of benefit provisions; by changing certain administrative provisions of 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:

SECTION I.
The Act of the General Assembly of Georgia, approved March 29, 1937, known as the "Unemployment Compensation Law," Georgia Laws 1937, pp. 806, et seq.; as 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.; as further amended by acts (2) approved March 8, 1945, Georgia Laws 1945, pp. 259, et seq., and pp. 331, et seq.; as further amended by an act approved March 27, 1947, Georgia Laws 1947, pp. 651, et seq.; be, and the same is hereby amended in the following respects, namely:

SECTION II.
By striking from subsection 3 (b) as amended (Georgia Ann. Code 54-604) the benefit tables and inserting, in lieu thereof, new benefit tables to read as follows :

"Column A

Wages Paid in Column B

Column C

Highest Quarter Weekly Benefit Qualifying Wages

of Base Period

Amount

In Base Period

Column D Maximum Total
Benefit in Benefit Year

$100.00 to $124.99

$5

125.00 to 149.99

6

150.00 to 174.00

7

175.00 to 199.99

8

200.00 to 224.99

9

225.00 to 249.99

10

250.00 to 274.99

11

275.00 to 299.99

12

300.00 to 324.99

13

325.00 to 349.99

14

350.00 to 374.99

15

375.00 to 399.99

16

400.00 to 424.99

17

425.00 to 449.99

18

450.00 to 474.99

19

475.00 and over

20

$175.00 213.00 252.00 292.00 333.00 375.00 418.00 462.00 507.00 553.00 600.00 648.00 697.00 747.00 798.00 850.00

$100.00 120.00 140.00 160.00 180.00 200.00 220.00 240.00 260.00 280.00 300.00 320.00 340.00 360.00 380.00 400.00

"Provided that the foregoing benefit tables shall be effective with benefit years beginning July 1, 1950, and thereafter."

MONDAY, JANUARY 23, 1950

945

SECTION III.
By striking from Section 3 (c) as amended (Georgia Ann. Code 54605 the figure $3.00 and inserting in lieu thereof the figure $5.00, so that said subsection (c) when so amended, shall read as follows, namely:
(c) "Weekly Benefit for Unemployment.-Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of $5.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00."

SECTION IV.
By striking the first paragraph of subsection (d) of Section 4 and paragraph numbered (1) of subsection (d) of Section 4 of said Act as amended (Ga. Ann. Code 54-609 (d) and (d) (1)) and inserting in lieu thereof two paragraphs numbered (d) and (d) (1) of Section 4 as follows, namely:
"(d) He has been unemployed for a waiting period of one week. No week shall be counted as a week of unemployment for the purposes of this subsection :
(1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment, and provided further that the week immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this subsection only) to be within such benefit year as well as within the preceding benefit year."

SECTION V.
By striking subsection (6) of Section 7 (c) (Ga. Ann. Code 54-622 (6)) and substituting in lieu thereof, a new subsection as follows, namely:
"(6) Variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(i) If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following the computation date with respect to weeks of unemployment beginning on or before such computation date, his contribution rate for the ensuing calendar year shall be:
(A) 2.50 per centum if such excess equals or exceeds 2 but is less than 3 per centum of his average annual pay roll;
(B) 2.25 per centum if such excess equals or exceeds 3 but is less than 4 per centum of his average annual pay roll;
(C) 2.00 per centum if such excess equals or exceeds 4 but is less than 5 per centum of his average annual pay roll;

946

JOURNAL OF THE SENATE,

(D) 1.75 per centum if such excess equals or exceeds 5 but is less than 6 per centum of his average annual pay roll;
(E) 1.50 per centum if such excess equals or exceeds 6 but is less than 7 per centum of his average annual pay roll;
(F) 1.25 per centum if such excess equals or execeds 7 but is less than 8 per centum of his average annual pay roll;
(G) 1.00 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual pay roll;
(H) 0.75 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual pay roll;
(I) 0.50 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual pay roll;
(J) 0.25 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 1950 by applying said rate variations to the computations used by the Commissioner in determining rates for each employer for the calendar year 1950.

SECTION VI.
By adding to subsection (c) of Section 4 of the Act of 1937, Georgia Laws 1937, pp. 806 et seq., as subsequently amended (Georgia Code Ann. Section 54-609 (c)), the following, to wit: "and has actively and in good faith sought employment and is actively and in good faith seeking employment, and is bona fide in the labor market," so that said subsection (c) of Section 4, as amended, shall read as follows, to wit:
(c) "He is able to work, and is available for work, and has actively and in good faith sought employment and is actively and in good faith seeking employment, and is bona fide in the labor market."

SECTION VII.
By striking subsection (a) of Section 5 (Ga. Ann. Code 54-610 (a)) and inserting in lieu thereof the following subsection, namely:
(a) "For the week or fraction thereof in which he has filed an otherwise valid claim for benefits within 52 weeks after he has left work voluntarily without good cause connected with said work, and for not less than the four and not more than the eight weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d), hereof, an amount equal to his weekly benefit amount for each week of such disqualification."
SECTION VIII.
By striking subsection (b) of Section 5 (Ga. Ann. Code 54-610 (b)), and inserting in lieu thereof the following subsection, namely:
(b) "For the week or fraction thereof in which he has filed an other-

MONDAY, JANUARY 23, 1950

947

wise valid claim for benefits within 52 weeks after he has been discharged or suspended from work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, and for not less than the four and not more than the ten weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d) hereof, an amount equal to his weekly benefit amount for each week of such disqualification."

SECTION IX.
By striking subsection (c) of Section 5 (Ga. Ann. Code 54-610 (c)), and inserting in lieu thereof the following paragraphs, namely:
" (c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner within the time prescribed by regulation), or to accept suitable work when offered him, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue for the week in which a claim for benefits was filed within 52 weeks after such failure occurred, and for not less than the four and not more than the eight weeks of unemployment which immediately follow such week, as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d) hereof, an amount equal to his weekly benefit amount for each week of such disqualification.
(1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.
(2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization."

SECTION X.
By striking, in its entirety, subsection (e) (3) of Section 5 of the Act (Ga. Ann. Code 54-610 (e) (3)), which provides for disqualification for any week with respect to which the claimant is receiving or has received old-age benefits under Title II of the Social Security Act.

948

JOURNAL OF THE SENATE,

SECTION XI.
By inserting between the first and second sentences of subsection (c) (2) of Section 7 of the Act (Georgia Ann. Code 54-622 (2)) the following proviso :
Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks of unemployment subsequent to the refusal and for the remainder of that benefit year, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks of unemployment within the same benefit year and subsequent to a period of disqualification, if the individual paid such benefits was separated from his employ under any of the following conditions and notice of such separation was furnished pursuant to the regulations of the Commissioner of Labor:
(A) Leaving work voluntarily without good cause.
(B) Discharged or suspended from his most recent work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, or for;
(C) Failing without good cause to apply for suitable work, accept suitable work when offered, or return to his customary selfemployment when directed to do so by the Commissioner of Labor."
So that said subsection when so amended shall read as follows, namely:
"(2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers: Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks of unemployment subsequent to the refusal and for the remainder of that benefit year, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks of unemployment within the same benefit year and subsequent to a period of disqualification, if the individual paid such benefits was separated from his employ under any of the following conditions and notice of such separation was furnished pursuant to the regulations of the Commissioner of Labor:
(A) Leaving work voluntarily without good cause.
(B) Discharged or suspended from his most recent work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, or for;
(C) Failing without good cause to apply for suitable work, accept suitable work when offered, or return to his customary self-employment when directed to do so by the Commissioner of Labor.

MONDAY, JANUARY 23, 1950

949

The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers."

SECTION XII.
By striking subsection (b)-Termination of Liability--of Section 8 (Ga. Ann. Code 54-623 (b)) in its entirety and inserting, in lieu thereof, the following:
(b) "Termination of Liability.-Except as otherwise provided in subsection (c) of this section, an employing unit shall cease to be an employer subject to this Act only as of the first day of January of any calendar year, only if it files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different weeks within the first named calendar year, within which such employing unit employed eight or more individuals in employment or was not otherwise subject to this Act. Accordingly coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in Paragraph (2) or (3) of Section 19 (g) shall be treated as a single employing unit. Notwithstanding the foregoing provisions, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year."

SECTION XIII.
By striking subsections (c) (1) and (c) (2) of Section 8, (Ga. Ann. Code 54-623 (c) (1) and (c) (2) and inserting, in lieu thereof the following subsections, namely:
(c) "Voluntary Election of Coverage.-(!) An employing unit, not otherwise subject to this Act, which files with the Commissioner its written election to become an employer subject hereto for not less than two calendar years, shall with the written approval of such election by the Commissioner, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if prior to the thirtieth day of April in any calendar year it has filed with the Commissioner a written notice to that effect. Provided, however, that any employing unit which has elected coverage under this section and subsequently becomes liable by operation of law may terminate coverage only as provided in Section 8 (b)."
(2) "Any employing unit for which services that do no constitute employment as defined in this Act are performed, may file with the Commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment

950

JOURNAL OF THE SENATE,

for all the purposes of this Act for not less than two calendar years. Upon the written approval of such election by the Commissioner, such services shall be deemed to constitute employment subject to this Act from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if prior to the thirtieth day of April in any calendar year such employing unit has filed with the Commissioner a written notice to that effect; provided, that all types of elective coverage may be terminated at any time subsequent to the first two-year period, for good cause shown, by order of the Commissioner at his discretion."

SECTION XIV.
By re-numbering Section 11 (a) (Ga. Ann. Code 54-631 as Section 11 (a) (1) and adding an additional subsection to be known as Section 11 (a) (2) to read as follows; namely:
(a) (2) "The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort within his means to oppose and prevent any further action which would in his judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs; and provided further, that the Commissioner may make, and many cooperate with other appropriate agencies in making, studies as to the practicality and probable cost of possible new state-administered social security programs, and the relative desirability of state (rather than national) action in any such field."

SECTION XV.
By re-numbering Section 11 (d) (Ga. Ann. Code 54-634) as Section 11 (d) (1) and by adding additional subsection to be known and numbered as 11 (d) (2) to read as follows, namely:
(d) (2) "The Commissioner is further expressly authorized upon request of any employee of the Agency to deduct from the pay roll of such employee any sum due by him for retirement or pension fund, group insurance, and for government bonds as may be requested by the employee."

SECTION XVI.
By adding to Section 16 of the Act (Ga. Ann. Code 54-9916, et seq.) a new subsection to be known and designated as Section 16 (f) thereof to read as follows, to wit:
(f) "Any person who makes a false statement or representation as to a material fact, knowing the same to be false, or who knowingly fails to disclose a material fact to obtain or increase benefits under this act, either for himself or for any other person, or who knowingly accepts benefits under this act to which he is not entitled, shall upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the commission of said act and/or omission, including any benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter

MONDAY, JANUARY 23, 1950

951

and the next four complete calendar quarters immediately following such determination by the Commissioner; provided, however, that no such determination may be made more than twelve months after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Section 6 of this Act. The provision of this subsection shall be in addition to, and not in lieu of, any provision contained in any of the other subsections of this Section."

SECTION XVII.
By inserting at the end of the first clause of the first sentence of subsection (a) of Section 11, (Ga. Ann. Code 54-631) the following words, namely: "and as the administrator of said Act the compensation provided in Section 54-105 Ga. Ann. Code shall be augmented by grants from the appropriate Federal Agency commensurate with the duties imposed by this Act," so that said first clause of said subsection (a) of Section 11 when amended, shall read as follows, namely:
(a) "Duties and Powers of Commissioner-It shall be the duty of the Commissioner to administer this Act, and as administrator of said Act the compensation provided in Section 54-105 Ga. Ann. Code shall be augmented by grants from the appropriate Federal Agency commensurate with the duties imposed by this Act."

SECTION XVIII.
By striking subsection (a) of Section 10 (Ga. Ann. Code 54-628) and substituting in lieu thereof, the following, namely:
(a) "There is hereby created in the Department of Labor a division to be known as the Employment Security Agency, which shall be administered by a full time salaried director, who shall be subject to the supervision and direction of the Commissioner of Labor. The Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties of such director and such appointment shall be made on a non-partisan merit basis for a period of good behavior and shall be terminated only for cause after notice and hearing."

SECTION XIX.
By striking the last two complete sentences of subsection numbered (iv) of subsection (7) of subsection (c) of Section 7 of said Act as amended (Ga. Ann. Code 54-622 (7) (iv)) and inserting in lieu thereof the following sentences, namely:
"It is further provided that in cases where a corporation, partnership, individual, or other legal entity acquires any clearly identifiable or segregable portion of the business of an employer, and such successor is an employer at the time of the acquisition, or becomes an employer before or within the two calendar quarters immediately following the quarter in which the acquisition was made, or within one complete calendar quarter after the passage of this Act, whichever is later, the Commissioner shall upon notice of such acquisition and with the mutual consent of both parties, transfer to such successor the portion of the predecessor's pay roll records and experience rating records which are

952

JOURNAL OF THE SENATE,

attributable to the portion of the business which was acquired. The Commissioner shall prescribe by regulation the period within which notification of such acquisition shall be given and the method by which the experience to be transferred shall be computed. The experience rating records of the predecessor employer, as thus computed, shall be used as the basis for the contribution rate of the successor; provided that, where the successor is an employer the experience rating records transferred shall be combined with his experience rating records effective as of the first day of the next calendar quarter immediately following such acquisition, at which time it shall be used to compute a rate based upon the combined experience of the predecessor and successor. Nothing in this subparagraph shall be construed to authorize or require the refund of any sums lawfully paid into the trust fund created by section 9 (a), or to otherwise use any of the same except to pay compensation benefits, 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: (1) 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."

SECTION XX.
Except as otherwise provided in the context hereof, this Act shall be effective on the first day of the first calendar quarter immediately following its passage.

SECTION XXI.
All laws and parts of laws in conflict with this act be and are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 700. By Mr. Briscoe of Walton:
A bill to amend an act to authorize the destruction of records of the various Departments of State upon a finding by the State Librarian and Secretary of State, approved by the Governor, that such records have no historic value, are obsolete, and will serve no other useful purpose; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 23, 1950

953

SB 139. By Senator Purdom of the 46th:
A bill to amend Code Section 71-107 of the Code of 1933 by striking said section and inserting a new section to clarify the provisions regarding the seal and attestation of deeds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 140. By Senator Purdom of the 46th:
A bill to repeal Title 22, Section 1104 of the 1933 Code providing for service by publication on non-resident corporations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 159. By Senator Bryant of the 43rd and Davis of the 27th:
A bill to authorize the judges of the city courts of this state, where not otherwise specifically provided for by law, to appoint an official court reporter and to provide the rates of compensation; and for other purposes.
Senator Purdom of the 46th offered the following amendment:
Amend SB 159 by striking the word "shall" in the seventh line of Section 1 between the words "law" and "appoint" and substituting in lieu thereof the word "may".
The amendment was adopted.
The report of the committee, which was favorable to the passage of tre 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.

SB 178. By Senator Pilcher of the 19th:
A bill to amend the act approved March 9, 1945 as amended (Ga. Laws 1945, pages 362-366; Ga. Laws 1946, page 228-230) entitled "An Act to provide for the creation of the office of the Judge of Superior Court Emeritus; to prescribe eligibility for incumbents, provide terms, duties and compensation; create retirement fund for superior court judges of Georgia; provide trustees"; and for other purposes.

964

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th offered the following amendment:
Amend SB 178 by striking the words "continuous" and "continuously" from said act wherever the same may appear.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution was read by the secretary:
HR 146. By Messrs. Hood of Chatham, Twitty of Mitchell and others.
A resolution to repeal and rescind a resolution adopted by the 1946 session of the General Assembly placing Georgia's name upon the list of states petitioning for World Federation; and for other purposes.
Senator Rich of the 8th moved that HR 146 be postponed until 10 o'clock tomorrow morning.
On the motion to postpone, the ayes were 23, nays 14 and the motion prevailed.

SB 179. By Senator Overby of the 33rd:
A bill to amend Section 15-302 Code of Georgia of 1933, relating to the cession to the United States of exclusive jurisdiction in and over lands acquired by the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 19, nays 13.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, JANUARY 24, 1950

955

Senate Chamber, Atlanta, Georgia Tuesday, January 24, 1950.

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 Senate and House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions. 7. The right granted to the president to call up any bills and resolutions on
the calendar in the order that he may desire.
The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit :
HB 167. By Mr. Risner of Hart:
A bill to alter and amend Section 3, of Act No. 184, approved March the 15th, 1933 provision was made that it should be the duty of the State Supervisor of Purchases with the heads of the several departments, to fix the amount or rate per mile to be paid to officers, officials or employees of the various departments; and for other purposes.
HB 443. By Messrs. Hollis of Muscogee, Matthews of Clarke, and others.
A bill to amend Section 67-2002 of the Code of 1933 of Georgia as so amended and inserting a new paragraph in lieu thereof so as to provide means for the enforcement of liens; and for other purposes.

956

JOURNAL OF THE SENATE,

HB 569. By Messrs. Langdale of Lowndes, Wilkes of Cook, Wetherington of Echols:
A bill to amend an act, approved August 8, 1924, (Georgia Laws 1924, pp. 101-117), entitled: "An act to revise and amend the game and fish laws of the State of Georgia; to create a State Board of Game and Fish; and for other purposes.

HB 724. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill providing that the State of Georgia may enter into a compact with any of the United States for mutual helpfulness in relation to persons convicted of crime or offenses who may be on probation or parole.

HB 726. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act entitled an act to create a Department of Public Safety for Georgia, by adding after the word "State", in line 22 of Section 14, Article 11, the words "or the Governor of the State of Georgia; and for other purposes.

HB 734. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others.
A bill to repeal an act providing for an excise tax on oleomargarine; and for other purposes.

HB 757. By Messrs. Ray of Warren and Campbell of Oconee:
A bill to amend the General Appropriations Act of 1949. (Georgia Laws, 1949, pp. 1506-1523) approved February 25, 1949, by providing in Section 1, Legislative Department, that members of the General Assembly shall be paid mileage at the rate of 10c per mile for travel to and from the capitol in connection with adjourned sessions of the General Assembly when at least ten days intervene between the adjourned and reconvened sessions; and for other purposes.
HB 763. By Messrs. Gillis of Treutlen, Adams of Wheeler, Smith and Edenfield of Emanuel, Twitty of Mitchell, and Ray of Warren:
A bill to amend an act approved February 23, 1949 known as the Statewide Forest Fire Protection Act, so as to authorize agreements between counties and State Forestry Commission for payments by counties for forest fire protection where appropriations by General Assembly are insufficient; and for other purposes.
HB 792. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill authorizing the State Highway Department and the Department of Public Health to procure insurance for public liability and property damage coverage on motor vehicles owned, operated or used by said departments; and for other purposes.

TUESDAY, JANUARY 24, 1950

957

HB 812. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend Section 29-409 of the Code of Georgia of 1933, which directs the manner and form of execution of deeds to realty and personalty when such deeds are executed outside the State of Georgia; and for other purposes.

HB 826. By Mr. Langdale of Lowndes:
A bill to authGrize the officers of any county of this state who have charge of records, including the clerks of the several courts of such county, the ordinary or court of ordinary of such county, or any other such county officers to install and use photostatic equipment~ and for other purposes.
HB 837. By Messrs. Davis of Bartow and Matthews of Clarke:
A bill to make any photostatic, micro-photographic or photographic reproduction of any writing or record admissible as evidence; to prescribe rules with reference thereto; and for other purposes.
HB 844. By Mr. Gross of Stephens:
A bill to amend an act known as the Aid to Dependent Children Act, 'so as to amend the definition of the term "dependent child"; and for other purposes.

The House has adopted the following resolutions of the House to wit :
HR 164. By Messrs. Bennett of Barrow, Baughman of Early, Best of Clay and many others:
A resolution requesting the Milk Control Board to remove restrictions of a minimum price to consumers.
HR 165. By Mr. Cohen of Richmond County:
A joint resolution of the Senate and House of Representatives of the General Assembly of the State of Georgia providing for appropriate observance of the two-hundred anniversary of the founding of the Episcopal Church in Augusta called St. Paul's Church.
Senator Lunsford of the 9th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary and recommitted to the Committee on Education:
SB 203. By Senator Lunsford of the 9th, Senator Zellner of the 22nd and Senator Sims of the 2nd:
A bill to repeal Code Section 32-938 of the Code of 1933, as amended, relating to the attendance of children residing in one county in schools located in another county, and substituting a new section; and for other purposes.
The consent was granted.

958

JOURNAL OF THE SENATE,

The following bills of the Senate were read the first time and referred to the committees :
SB 207. By Senator Roddenberry of the 3rd:
A bill to regulate identification of sellers of cattle and hogs within this state; to provide for registering of name and address with license tag number of automobile or truck of each seller by the operator of auction sales barn and other buyers of live stock and hogs; and for other purposes.
Referred to the Committee on Agriculture.

SB 208. By Senator Land of the 51st: A bill to amend the adoption laws of the state so as to grant discression to the court in requiring consent of a child over 14 years of age; and for other purposes.
Referred to the Committee on General Judiciary.
SB 209. By Senator Foster of the 40th:
A bill to amend Code 30-801 water power owners may purchase, lease or condemn easements; payments of compensation; and for other purposes. Referred to the Committee on Industrial Relations.
SB 210. By Senator Eve of the 18th:
A bill to incorporate the Town of Kelly's Lake in the County of Jefferson, to define its corporate limits, declare its powers; and for other purposes. Referred to the Committee on Municipal Government.
The following bills and resolutions of the House were read the first time and referred to the committees :
HB 167. By Mr. Risner of Hart: A bill to alter and amend Section 3 of Act No. 184 approved March 15, 1933, provisions was made that it should be the duty of the state supervisor of purchases with the heads of the several departments, to fix the amount or rate per mile to be paid to officers, officials or employees of the various departments; and for other purposes.
Referred to the Committee on State of the Republic.
HB 443. By Messrs. Hollis of Muscogee, Matthews of Clarke and others:
A bill to amend Section 67-2002 of the Code of 1933 of Georgia as amended and inserting a new paragraph in lieu thereof so that it will provide means for the enforcement of liens; and for other purposes. Referred to the Committee on Special. Judiciary.

TUESDAY, JANUARY 24, 1950

959

HB 569. By Messrs. Langdale of Lowndes, Wilkes of Cook, Wetherington of Echols:
A bill to revise and amend the game and fish laws of the State of Georgia; to create a State Board of Game and Fish; and for other purposes.
Referred to the Committee on Game and Fish.

HB 724. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill providing that the state may enter into a compact with any of the United States for mutual helpfulness in relation to persons convicted of crime or offense who may be on probation or parole; and for other purposes.
Referred to the Committee on State of the Republic.

HB 726. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act entitled an act to create a Department of Public Safety for Georgia by adding after the word "state" in line 22 of Section 14, Article 11, the words "or the Governor of the State of Georgia"; and for other purposes.
Referred to the Committee on General Judiciary.

HB 734. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and others:
A bill to repeal an act providing for an excise tax on oleomargarine; and for other purposes.
Referred to the Committee on Finance.

HB 757. By Messrs. Ray of Warren and Campbell of Oconee:
A bill to amend the General Appropriations Act of 1949 (Georgia Laws 1949, pages 1506-1523) approved February 25, 1949, by providing in Section 1 Legislative Department that members of the General Assembly shall be paid mileage at the rate of 10c per mile for travel to and from the capitol in connection with adjourned sessions of the General Assembly when at least ten days intervene between the adjourned and reconvened sessions; and for other purposes.
Referred to the Committee on Appropriations.
HB 763. By Messrs. Gillis of Treutlen, Adams of Wheeler, Smith and Edenfield of Emanuel, Twitty of Mitchell and Ray of Warren:
A bill to amend an act approved February 23, 1949 known as the Statewide Forest Fire Protection Act, so as to authorize agreements between counties and State Forestry Commission for payment by counties for forest fire protection where appropriations by the General Assembly are insufficient; and for other purposes.
Referred to the Committee on Conservation.

960

JOURNAL OF THE SENATE,

HB 792. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren and others :
A bill to authorize the State Highway Department and the Department of Public Health to procure insurance for public liability and property damage coverage on motor vehicles owned, operated or used by said departments ; and for other purposes.
Referred to the Committee on Highways and Public Roads.

HB 812. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend Section 29-409 of the Code of Georgia of 1933, which directs the manner and form of execution of deeds to realty and personalty when such deeds are executed outside of the State of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 826. By Mr. Langdale of Lowndes:
A bill to authorize the officers of any county of this state who have charge of records, including the clerks of the several courts of such county, the ordinary or Court of Ordinary of such county, or any other such county officers to install and use photostatic equipment; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 837. By Messrs. Davis of Bartow and Matthews of Clarke:
A bill to make any photostatic, micro-photographic of photographic reproduction of any writing or record admissable as evidence; to prescribe rules with reference thereto; and for other purposes.
Referred to the Committee on General Judiciary.
HB 844. By Mr. Gross of Stephens:
A bill to amend an act known as the Aid to Dependent Children Act, so as to amend the definition of the term "dependent child"; and for other purposes.
Referred to the Committee on Public Welfare.

Mr. LeCraw, of the 52nd District, chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:

Your Committee on Military Affairs 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 849. Do Pass.

Respectfully submitted, LeCraw of 52nd District, Chairman

TUESDAY, JANUARY 24, 1950

961

. Mr. McCoy, of the 4th 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 has instructed me as chairman, to report the same back to the. Senate with the following recommendations :
SB 161. Do Pass.
SB 169. Do Pass.
Respectfully submitted,
McCoy of 4th District, Chairman

Mr. Higgenbotham, of the 31st 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 f9llowing recommendations:

SB 180. Do Pass. SB 200. Do Pass.

Respectfully submitted, Higginbotham of 31st District,

Chairman

Mr. Smith, of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President: Your Committee on General Judiciary has had under consideration the fol-
lowing 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 175. Do Pass. SB 195. Do Pass. SB 201. Do Pass. HB 348. Do Pass as Amended.
Respectfully submitted, Smith of 37th District, Chairman

962

JOURNAL OF THE SENATE,

Mr. Tarver, of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 185. Do Pass by Substitute.

SB 189. Do Pass.

SB 182. Do Pass.

HR 55. Do Pass.

Respectfully submitted, Tarver of 48th District, Chairman

Senator Housley of the 32nd 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 139.
SB 140. SB 159.
SB 166.
SB 170.
SB 171.
SB 174.
SB 177.
SR 73. Respectfully submitted, Housley of 32nd District, Chairman

TUESDAY, JANUARY 24, 1950

963

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

SB 161. By Senator Harrison of the 17th:
A bill to provide for penalties for violation of rules and regulations made by the State Board of Health; to repeal all conflicting laws; and for other purposes.

SB 169. By Senator Cochran of the 7th:
A bill to extend the provisions of the Merit System Act to include employees of the State Department of Etomology; and for other purposes.

SB 175. By Senator Pittman of the 42nd and Senator Foster of the 40th:
A bill to repeal an act prohibiting any person from carrying a pistol or revolver without first having obtained licenses from the ordinary of the county; and for other purposes.

SB 180. By Senator McCoy of the 4th:
A bill to create and establish a new charter of the City of Folkston, to increase, enlarge and define the corporate limits thereof; to repeal conflicting laws; and for other purposes.
SB 182. By Senator Overby of the 33rd:
A bill to amend an act approved February 1, 1946 (Georgia Laws 1946, page 147) entitled "an act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control, etc.," to provide for minimum regulations for control and ratifications of pullorum; to provide for special quarantine regulations; and for other purposes.
SB 200. By Senator Overby of the 33rd :
A bill to amend the charter of the Town of Flowery Branch and the acts amendatory thereof; and for other purposes.
SB 201. By Senators Land of the 24th, Smith of the 37th, Overby of the 33rd and Saunders of the 25th:
A bill to amend an act approved March 27, 1941, (Georgia Laws 1941, page 300) known as the Adoption Laws Revised; and for other purposes.
SB 185. By Senator Zellner of the 22nd:
A bill to govern and regulate sale and inspection, importation and distribution of all fluid milk for human consumption; to prescribe its standards; to prescribe the sanitary requirements; and for other purposes.

SB 189. By Senator Zellner of the 22nd:
A bill to amend an act approved March 30, 1937 (Georgia Laws 1937, pp. 247-264) as amended, establishing a Milk Control Board by providing

964

JOURNAL OF THE SENATE,

that two members of the board shall be defined as a "producer member", one member as a "producer-distributor member", one member as a "dealer member" and one member as a "consumer member" and for other purposes.

SB 195. By Senators Smith of the 37th and Overby of the 33rd:
A bill to make any photostatic, microphotographic or photographic reproduction of any writing or record admissable as evidence; to prescribe rules with reference thereto; and for other purposes.

HB 348. By Messrs. Nightingale and Gowen of Glynn and Twitty of Mitchell:
A bill to amend an act relevant to the publication of corporation charters; and for other purposes.

HR 55 By Mr. Pittman of Tift:
A resolution to authorize the Commissioner of Agriculture to deed the discontinued market site at Tifton to the City of Tifton and the County of Tift; and for other purposes.

The following resolutions were read and adopted:
SR 76. By Senator Blalock of the 36th: A resolution extending an invitation to William Carey Barker to address the Senate at noon on January 25, 1950.
SR 77. By Senator Grayson of the 1st and Senator Davis of the 27th: A resolution expressing sympathy to the family of Sergeant at Arms Wylie Galloway on death of their wife and mother.
B;R 165. By Mr. Cohen of Richmond: A resolution of the Senate and the House of Representatives of the General Assembly of the State of Georgia .providing for appropriate observance of the two hundred anniversary of the founding of the Episcopal Church in Augusta called St. Paul's Church.
The president appointed on the part of the Senate as a committee: Senators Harrison of the 17th and Eve of the 18th.
HR 146. By Messrs. Hood of Chatham and Twitty of Mitchell: A resolution to repeal and rescind a resolution adopted by 1946 session of the General Assembly placing Georgia's name upon list of states petititoning for world federation.
On the adoption of the resolution, the ayes were 34, nays 8, and the resolution was adopted.

TUESDAY, JANUARY 24, 1950

965

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

SB 190. By Senator Land of the 24th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Muscogee County by providing a change in the length of tenure of office; and for other purposes.
The report of the committee, which was favorable to the pasage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 162. By Senator McCoy of the 4th:
A bill to provide for the collection and safe keeping and accounting for fines and forfeitures received by the ordinaries in the County of Charlton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 147. By Senator Grayson of the 1st:
A bill calling for a special election for the County of Chatham and City of Savannah to determine whether the citizens desire the construction of a toll road to Tybee; modern stadium facilities to be constructed; construction of modern and adequate sewer system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills were read the third time and put upon their passage:
HB 25 By Mr. Gowen of Glynn:
A bill to provide for municipal home rule; to establish optional plans for municipal government for municipalities of Georgia; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that the bill be considered each section separately and the consent was granted.
Senator Purdom of the 46th offered the following amendment: Amend HB 25, Section 3 by striking the words and figures sixty (60} days wherever they appear and inserting in lieu thereof the words and

966

JOURNAL OF THE SENATE,

figures twelve months, and by striking the words and figures ninety days wherever they appear and inserting in lieu thereof the words and figures eighteen (18) months.

On the adoption of the amendment, Senator Purdom 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:

Brooks Daniel Davis Gholston Grayson Harrison Higginbotham Jones

Land, 51st Layton Lunsford McCoy Newton Peterson Purdom Rich

Roddenberry Rowland Sims Smith Staten Stark Wright

Those voting in the negative were senators:

Ansley Boyett Clary Cochran Coleman Eve Florence Foster Garrett

Gary Harris Housley LeCraw Mason Massey Overby Pilcher Pittman

Rackley Swint Tarver Turner Ursrey Williams Zellner

The roll call was verified.

On the adoption of the amendment, the ayes were 23, nays 25, and the amendment was lost.

Senator Turner of the 34th offered the following amendment:
Amend HB 25, Section 3, Subsection F as follows: At the end of Subsection F add the following: failure to file copy of charter, with the Secretary of State within prescribed time will be construed as voiding said charter.
The amendment was adopted.

Senator Grayson of the 1st offered tbe following amendment:
Amend HB 25 by striking the words and figures twenty per cent (20%) wherever they appear in said bill and inserting in lieu thereof the words and figures fifty-one per cent (51%).
On the adoption of the amendment, Senator Overby of the 33rd called for the ayes and nays, and the call was sustained.

TUESDAY, JANUARY 24, 1950

967

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Ayers Boyett Bryant Daniel Dykes Gary Grayson

Harrison Jones Land, 51st Layton McCoy Peterson Purdom

Rich Roddenberry Saunders Sims Smith Staten Wright

Those voting in the negative were Senators:

Ansley Brooks Clary Cochran Florence Garrett Harris

Higginbotham LeCraw Lunsford Mason Massey Overby Pilcher

The roll call was verified.

Pittman Stark Tarver Turner Zellner

On the adoption of the amendment, the ayes were 21, nays 19, and the amendment was adopted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning and that HB 25 be continued as unfinished business.

968

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, January 25, 1950

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, Rev. C. C. Kaiser, Sr., pastor of -First Baptist Church, Quitman, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Tarver of the 48th 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 Smith of the 37th 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 by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolution.
7. The right granted to the president to call up any bills and resolutions on the calendar in the order that he may desire.
The consent was granted.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 229. By Mr. Dorsey of White:
A bill providing funds to compensate Mrs. Earl Roger Nix, and two minor children, citizens of the State of Georgia, for the death of their husband and father respectively, Earl Roger Nix, an employee of the state who was killed by an overturning tractor while cutting right-of-way for the State Highway Department, in White County, Georgia, August 6, 1947.
HB 361. By Messrs. Rowland of Johnson, Willingham of Cobb, and others:
A bill to fix and prescribe the compensation of the chairman and members of the State Board of Workmen's Compensation, created by the act

WEDNESDAY, JANUARY 25, 1950

969

of the General Assembly, approved February 8, 1943; and for other purposes.

HB 466. By Messrs. Reed of Cobb and McCracken of J etferson:
A bill to regulate insurance written in connection with contract secured by title to or liens on motor vehicles; and for other purposes.

HB 729. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill creating a Department of Public Safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department; and for other purposes.

HB 821. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution; to provide for an Agricultural Commodities Commission; and for other purposes.
HB 840. By Messrs. McCracken of J etferson, Gowen of Glynn, and others:
A bill to repeal Code Section 39-705 of the Code of Georgia of 1933 which reads as follows: "For entering such execution as aforesaid upon the general execution docket the clerk shall be entitled to a fee of 10 cents; and for other purposes.

HB 848. By Mr. Smiley of Liberty:
A bill to provide for the compensation of the chairman and the members of the Board of Education in all counties of this state having a population of not less than 8,590 and not more than 8,600 according to the 1940 or any future census; and for other purposes.
HB 849. By Mr. Johnson of Hall:
A bill to provide for two weeks annual military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill to amend the act approved February 7, 1949 (Ga. Laws 1949, pp. 249-256), entitled "An act to abolish the Agricultural and Industrial Development Board of Georgia; to create within the Executive Department a department of commerce; and for other purposes.
HB 875. By Messrs. Vickers and Galloway of Colquitt:
A bill to amend an act to create and establish a new charter for the City of Moultrie; to fix the corporate limits proper of said city; and for other purposes.

970

JOURNAL OF THE SENATE,

HR 35-190b. By Messrs. Twitty of Mitchell, Davis and Durden of Dougherty and Gowen of Glynn:

A resolution proposing to the qualified voters of the State of Georgia an amendment to article VI, section 21, paragraph 1, of the Constitution of Georgia, to provide that the justices of the Supreme Court and the judges of the Court of Appeals shall each have a salary of $12,000.00 per annum, and the judges of the Superior Courts shall have a salary of $9,000.00 per annum.

HR 125-784c. By Mr. Groover of Troup:
A resolution by the House of Representatives of the State of Georgia, the Senate concurring, that the State Highway Department of Georgia be, and it is, authorized to pay to Johnson Motor Company of LaGrange, the sum of $524.15 to cover the damages done to said vehicle belonging to it.

Mr. President: The House has read and adopted the following resolutions of the House,
to wit:
HR 170. By Messrs. Tarbutton and McMillan of Washington:
A resolution by the General Assembly of Georgia that the portraits of Honorable Jared Irwin and Honorable Thomas W. Hardwick be placed in a conspicuous place in the halls of the State Capitol Building, Atlanta, Georgia.
HR 172. By Messrs. Duncan and Alexander of Carroll, Twitty of Mitchell, Covington of Floyd, Pannell of Murray, and Matthews of Clarke:
A resolution that the Regents of the University System of Georgia will retain jurisdiction and control of the junior colleges and sponsor and develop them to the best of their ability; and for other purposes.
The following bills and resolutions of the Senate and House were read the first time and referred to the committees :
SB 211. By Senator Grayson of the 1st: A bill to amend the charter of the mayor and aldermen of the City of Savannah by providing that only persons residing within the corporate limits of the City of Savannah who have registered as qualified voters since February 25, 1949, shall be eligible to vote at the next election of mayor and aldermen; and for other purposes.
Referred to the Committee on Municipal Government.
SB 212. By Senator Grayson of the 1st: A bill to provide a new registration of qualified voters of Chatham County by providing that only persons who have qualified as registered voters

WEDNESDAY, JANUARY 25, 1950

971

since February 25th, 1949, shall be qualified to vote for members of the General Assembly at the next primary and general election; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 213. By Senator Grayson of the 1st:
A bill to amend the pension system for the City of Savannah by providing pensions to employees who are heads of departments of said City of Savannah; and for other purposes.
Referred to the Committee on Municipal Government.

SB 214. By Senator Turner of the 34th:
A bill creating a certified insuror examining and qualifying committee; to provide for licensing of insurance agents to be known as certified insuror to write casualty and marine insurance; to provide for promulgati-.;tg and enforcing rules and regulations; and for other purposes.
Referred to the Committee on Insurance.
SB 215. By Senator Dykes of the 14th:
A bill to amend an act relating to eligibility for retirement of superior court judges to the status of judge of superior court emeritus; by providing for retirement at age 65, upon 16 years of continuous or periodic service on superior court bench; and for other purposes.
Referred to the Committee on General Judiciary.
SB 216. By Senators Rich of the 8th and Foster of the 40th:
A bill to make it unlawful for any person to falsely claim to be an officer, agent, employee, or in any way to represent the State Board of Health, or any county or city board of health; and for other purposes.
Referred to the Committee on Public Health.
SB 217. By Senator Mason of the 28th:
A bill relating to deeds to secure debt, bills of sale, and other instruments creating liens on real or personal property or both; to provide that such instrument, is so provided therein, shall secure not only existing indebtedness but also future advances made within six years from date of such instrument; and for other purposes.
Referred to the Committee on General Judiciary.
SR 78. By Senator Grayson of the 1st:
A resolution proposing an amendment to article VI, section V, paragraph I of the Constitution so as to authorize the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

972

JOURNAL OF THE SENATE,

SR 79. By Senator Lunsford of the 9th:
A resolution providing that the State Senate will not consider any bills and resolutions which raise any salary or increase any benefit to any employee of the state or any subdivision thereof until all bills and resolutions affecting all people of Georgia have been considered and disposed of.
Referred to the Committee on State of the Republic.

SR 80. By Senator Turner of the 34th:
A resolution to amend SR 43 (Ga. Laws 1949, pp. 2120-2121) by providing that the Insurance Commissioner be authorized to expend any funds appropriated to the department necessary in the preparation of this code for submission to the General Assembly for an act and to provide any appointments shall be made from list of names nominated by the Insurance Commissioner to the Governor; and for other purposes.
Referred to the Committee on Insurance.

HB 229. By Mr. Dorsey of White:
A bill providing funds to compensate Mrs. Earl Roger Nix, and two minor children, citizens of the State of Georgia, for the death of their husband and father, Earl Roger Nix, an employee of the state who was killed by an overturning tractor while cutting right-of-way for the State Highway Department, in White County, August 6, 1947.
Referred to the Committee on Appropriations.

HB 361. By Messrs. Rowland of Johnson, Willingham of Cobb, and others:
A bill to fix and prescribe the compensation of the chairman and members of the State Board of Workmen's Compensation, created by the act of the General Assembly, approved February 8, 1943; and for other purposes.
Referred to the Committee on State of the Republic.

HB 466. By Messrs. Reed of Cobb and McCracken of Jefferson:
A bill to regulate insurance written in connection with contracts secured by title to or liens on motor vehicles; and for other purposes.
Referred to the Committee on Insurance.

HB 729. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill creating a Department of Public Safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department; and for othe:c purposes.
Referred to the Committee on State of the Republic.

WEDNESDAY, JANUARY 25, 1950

973

HB 821. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution; to provide for an Agricultural Commodities Commission; and for other purposes.
Referred to the Committee on Agriculture.

HB 840. By Messrs. McCracken of Jefferson, Gowen of Glynn, and others:
A bill to repeal Code section 39-705 of the Code of Georgia of 1933 which reads as follows : "For entering such execution as aforesaid upon the general execution docket the clerk shall be entitled to a fee of 10 cents; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 848. By Mr. Smiley of Liberty:
A bill to provide for the compensation of the chairman and the members of the Board of Education in all counties of this state having a population of not less than 8,590 and not more than 8,600 according to the 1940 or any future census; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 849. By Mr. Johnson of Hall:
A bill to provide for two weeks annual military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
Referred to the Committee on Military Affairs.
HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill to amend the act approved February 7, 1949 (Ga. Laws, pp. 249256), entitled "An act to abolish the Agricultural and Industrial Development Board of Georgia; to create within the Executive Department a department of commerce; and for other purposes.
Referred to the Committee on State of the Republic.
HB 875. By Messrs. Vickers and Galloway of Colquitt:
A bill to amend an act to create and establish a new charter for the City of Moultrie; to fix the corporate limits proper of said city; and for other purposes.
Referred to the Committee on Municipal Government.

HR 35-190b. By Messrs. Twitty of Mitchell, Davis and Durden of Dougherty, and Gowen of Glynn:
A resolution proposing to the qualified voters of the State of Georgia an amendment to article VI, section 21, paragraph 1, of the Constitution of Georgia, to provide that the justices of the Supreme Court and the

974

JOURNAL OF THE SENATE,

judges of the Court of Appeals shall each have a salary of $12,000 per annum, and the judges of the Superior Courts shall have a salary of $9,000 per annum.
Referred to the Committee on Amendments to the Constitution.

HR 125-784c. By Mr. Groover of Troup:
A resolution by the House of Representatives of the State of Georgia, the Senate concurring, that the State Highway Department of Georgia be, and it is, authorized to pay to Johnson Motor Company of LaGrange, the sum of $524.15 to cover the damages done to vehicle belonging to it.
Referred to the Committee on Appropriations.

The following resolutions of the House were read and adopted:
HR 170. By Messrs. Tarbutton and McMillan of Washington:
A resolution by the General Assembly of Georgia that the portraits of Honorable Jared Irwin and Honorable Thomas W. Hardwick be placed in a conspicuous place in the halls of the State Capitol Building, Atlanta, Georgia.

HR 172. By Messrs. Duncan and Alexander of Carroll, Twitty of Mitchell, Covington of Floyd, Pannell of Murray, and Matthews of Clarke:
A resolution that the Regents of the University System of Georgia will retain jurisdiction and control of the junior colleges and sponsor and develop them to the best of their ability; and for other purposes.

Mr. Overby of the 33rd 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 206. Do Pass.
SB 191. Do Pass.
Respectfully submitted, Overby of 33rd District, Chairman

WEDNESDAY, JANUARY 25, 1950

975

Mr. Ayers of the 13th 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 790. HB 751. HB 747. HB 746. HB 847. HB 854. HB 786. HB 752. HB 755. HB 753.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

HB 780. Do Pass.

HB 785. HB 814. HB 736. HB 738. HB 782. SB 196.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Pittman of the 42nd 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 326. HB 838. HB 759. HB 756. HB 758. HB 674. HB 402.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as amended.

Respectfully submitted, Pittman of 42nd District, Chairman

976

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 805. Do Pass. HB 808. Do Pass.
HB 807. Do Pass. Respectfully submitted,
Higginbotham of 31st District,
Chairman

Mr. Smith of the 37th 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 204. Do Pass.

HB 458. Do Pass.

HB 482. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Zellner of the 22nd 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 me, .as chairman, to
report the same back to the Senate with the following recommendations:

SB 142. Do Pass.

SB 184. Do Pass.

SB 203. Do Pass.

Respectfully submitted, Zellner of 22nd District, Chairman

WEDNESDAY, JANUARY 25, 1950

977

Mr. LeCraw of the 52nd District, chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:

Your Committee on Military Affairs 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 163. Do Pass.

Respectfully submitted, LeCraw of 52nd District, Chairman

Mr. Brooks of the 50th 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 resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 53. SR 55. SR 57. SR 59.

Do Pass. Do Pass. Do. Pass. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

Mr. Higginbotham of the 31st 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 205. HB 774. HB 777. HB 776. HB 815. HB 754.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

978

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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 147. SB 162. SB 178. SB 190. SB 134. SB 135. SB 180. SB 200.
Respectfully submitted, Housley of 32nd District, Chairman

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

SB 142. By Senator Grayson of the 1st:
A bill to amend an act approved February 23, 1949 (Ga. Laws 1949, pages 960-962) relating to the oath of state employees by repealing section 3 thereof and prescribing in lieu thereof a new section prescribing a new form of oath; and for other purposes.

SB 163. By Senator LeCraw of the 52nd:
A bill to extend the state merit system act to include the employees of the State Military Department; and for other purposes.

SB 184. By Senators Dykes of the 14th, Tarver of the 48th, and Ayers of the 13th:
A bill to extend the provisions of the merit system act to include the employees of the State Department of Education; and for other purposes.
SB 191. By Senators Foster of the 40th and Overby of the 33rd: A bill to provide a state board of examiners of tile contractors; to provide for appointment of members; terms of office; duties, hours and compensation; to provide fees for such license; and for other purposes.

WEDNESDAY, JANUARY 25, 1950

979

SB 196. By Senators Ayers of the 13th and Overby of the 33rd:
A bill to repeal Code section 24-1716 and substitute a new section therefor to fix the fees to which the ordinaries of this state are entitled; and for other purposes.

SB 203. By Senators Lunsford of the 9th, Zellner of the 22nd and Sims of the 2nd:
A bill to repeal Code section 32-938 of the Code of 1933, as amended, relating to the attendance of children residing in one county in schools located in another county, and substituting a new section; and for other purposes.

SB 204. By Senators Overby of the 33rd and Blalock of the 36th:
A bill to amend chapter 22-5 of the Code of Georgia of 1933 by adding a new section to be known as 22-519, providing for amendments of charters or certificates of incorporation of railroad companies reorganized under the National Bankruptcy Act, as amended; and for other purposes.

SB 205. By Senator Wright of the 5th:
A bill to amend an act approved January 30, 1945, which amended the charter of the City of Waycross, approved August 16, 1922, and which authorized the creation of a pension association for employees of the City of Waycross; and for other purposes.

SB 206. By Senators Foster of the 40th, McCoy of the 4th, and Daniel of the 49th:
A bill to amend an act entitled "An act to define reckless driving and to prohibit the same; to restrict the speed on the public streets and highways of this state; and for other purposes" by striking the figure "55" when it appears and substituting therefor the figures "65"; and for other purposes.

SR 53. By Senator Grayson of the 1st:
A resolution to amend article 7, section 7, of the Constitution authorizing Chatham County to issue bonds for building and equipping schools; and for other purposes.

SR 55. By Senator Grayson of the 1st:
A resolution to amend article 7, section 7, of the Constitution requiring the commissioners of Chatham County to levy additional taxes for the support and maintenance of education; and for other purposes.
SR 57. By Senator Grayson of the 1st:
A resolution proposing an amendment to paragraph 3, section 1, article 7 of the Constitution to create an industrial area adjacent to the City of Savannah; to provide for policing of said area; providing city services to be furnished the area ; to provide for levying of taxes; limiting the amount of taxes that may be levied; and for other purposes.

980

JOURNAL OF THE SENATE,

SR 59. By Senator Grayson of the 1st:
A resolution proposing an amendment to paragraph 1, section 6, article 5 of the Constitution creating the Park and Tree Commission of Savannah, the Industrial and Domestic Water Supply Commission of Savannah, the Savannah Airport Commission, and the Armstrong College Commission of Savannah, expressly conferring upon them the exclusive right to manage the property and improvements' under their jurisdiction; and for other purposes.

HB 758. By Messrs. Cagle of Cherokee, Willingham and Reed of Cobb, Cagle of Pickens, Simmons of Gilmer, Mull of Fannin, and Mashburn of Forsyth:
A bill to supplement the salary of the judge of the superior courts of the Blue Ridge Judicial Circuit; and for other purposes.

HB 759. By Mrs. Gross of Stephens:
A bill to amend an act fixing the terms of superior courts of the Blue Ridge Judicial Circuit; and for other purposes.
HB 774. By Mr. Lokey of McDuffie:
A bill to amend an act incorporating the Town of Thomson; and for other purposes.

HB 751. By Mr. Kemp of Clayton:
A bill to amend an act to establish the City Court of Jonesboro; and for other purposes.

HB 752. By Mr. Kemp of Clayton:
A bill to amend an act establishing the office of the tax receiver and the office of the tax collector of Clayton County, and to create the office of tax commission; and for other purposes.

HB 753. By Mr. Kemp of Clayton:
A bill to amend an act to change the fee system to the salary in County of Clayton; and for other purposes.

HB 754. By Mr. Kemp of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; to redefine the corporate limits of said town; to provide for and fix the term of office of the mayor and aldermen; and for other purposes.

HB 755. By Mr. Kemp of Clayton:
A bill to amend an act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court and the sheriff; and for other purposes.

WEDNESDAY, JANUARY 25, 1950

981

HB 756. By Messrs. Nelson of Pulaski, Jessup of Bleckley, Adams of Wheeler, Walker of Telfair, Moore of Dodge, Hilton of Montgomery, and Gillis of Treutlen:
A bill to amend an act providing for the salary of the solicitor general of the Oconee Judicial Circuit; and for other purposes.

HB 776. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; to prescribe an increase in salary for the mayor, etc.; and for other purposes.

HB 777. By Mr. Durden of Dougherty:
A bill to amend an act creating and establishing a new charter of the City of Albany; to authorize the City of Albany to enter into contracts for group insurance; and for other purposes.

HB 780. By Messrs. Jenkins and Davis of Bartow:
A bill to change the ordinary from the fee system to the salary system in certain counties in Georgia; and for other purposes.

HB 782. By Mr. Cook of Chattooga:
A bill to amend an act entitled an act to establish the City Court of Chattooga County; and for other purposes.

HB 785. By Messrs. Carmical and Cranford of Coweta:
A bill to amend an act to establish a City Court of Newnan; and for other purposes.
HB 786. By Messrs. Carmical and Cranford of Coweta:
A bill to amend an act authorizing the board of commissioners of roads and revenue for Coweta County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
HB 790. By Mr. Aultman of Houston:
A bill to amend an act entitled "An act to create and incorporate a new municipality in Houston County to be known as Warner Robins; and for other purposes.
HB 674. By Mr. Howard of DeKalb:
A bill to provide that a trust shall be executory and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries be sui juris and whether or not any remainder interest be create; and for other purposes.

982

JOURNAL OF THE SENATE,

HB 482. By Messrs. Gross of Stephens and Tamplin of Morgan:
A bill to promote the live stock industry in Georgia to create a Georgia Board of Veterinary Examiners; and for other purposes.

HB 326. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend section 23-1704 of the Georgia Code of 1933 so as to require only one surety on the bond required thereby; and for other purposes.

HB 402. By Mr. Howard of DeKalb:
A bill to amend section 27-2702 and section 27-2502 of 1933, providing for placing felony prisoners on probation by the court; and for other purposes.

HB 458. By Messrs. Gowen of Glynn, Reed of Cobb and others:
A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; and for other purposes.

HB 736. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act to provide for a county board of commissioners for the County of Mitchell; and for other purposes.

HB 738. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act establishing the City Court of Camilla; and for other purposes.

HB 746. By Messrs. Vickers and Galloway of Colquitt:
A bill to amend an act creating the City Court of Colquitt County; and for other purposes.

HB 747. By Mr. Garrard of Wilkes:

A bill to penalize the possession of malt beverages and wine in all coun-

ties in the State of Georgia having a population of not more than 15,083

and not less than 15,085; and for other purposes.



HB 805. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and confirm action of mayor and council of the City of Macon in abandoning, vacating and closing certain portions of New and Willow Streets and Spring Street Lane in said city; and for other purposes.

HB 807. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.

WEDNESDAY, JANUARY 25, 1950

983

HB 808. By Messrs. Vandiver, Trice and Miller 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 818. By Mr. Stanton of Newton:
A bill to amend an act increasing the salary of the treasurer of Newton County; and for other purposes.

HB 814. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Fulton County employees pension code; to provide for the withdrawal by persons transferring all their contributions; and for other purposes.

HB 815. By Mr. Brazeal of Terrell:
A bill to amend the charter of the City of Dawson; and for other purposes.

HB 838. By Mr. Baggett of Grady:
A bill to repeal an act approved August 14, 1931, and change the time for holding the fall term of Grady Superior Court; and for other purposes.

HB 847. By Mr. Smiley of Liberty:
A bill to amend an act creating the City Court of Hinesville; and for other purposes.

HB 854. By Mr. Sills of Candler:
A bill to amend an act creating the board of road and revenue commissioners of Candler County; and for other purposes.

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

SB 180. By Senator McCoy of the 4th:

A bill to create and establish a new charter for the City of Folkston, to

increase, enlarge and define the corporate limits thereof; and for other

purposes.



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

On the passage of the bill, the ayes were 36, nays 0.

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

984

JOURNAL OF THE SENATE,

SB 200. By Senator Overby of the 33rd:
A bill to amend the charter of the Town of Flowery Branch; define territorial limits, powers and duties ; provide for mayor and councilmen, provide levying, assessing, collecting and disbursing taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House, carried over from yesterday as unfinished business, was taken up for consideration:

HB 25. By Mr. Gowen of Glynn:
A bill to provide for municipal home rule; to establish optional plans for municipal government for municipalities of Georgia; and for other purposes.

Senator Overby of the 33rd offered the following amendment:
Amend HB 25 by adding a new section to be inserted immediately before the repealing clause and to read: "Only one special election shall be held pursuant to the provision of this act in any municipality during any twelve months period."
The amendment was adopted.
At this time the Senate suspended further consideration of HB 25 to hear an address by Rev. William Carey Barker of Lynchburg, Virginia, as provided for under SR 76. Rev. Barker was accompanied by His Excellency, Governor Herman E. Talmadge.
The Senate resumed consideration of HB 25.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, Senator Overby of the 33rd 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:

Ansley Blalock Clary Dykes Eve Garrett Harrison Higginbotham

Housley LeCraw Lunsford . Massey Newton Overby Pilcher Pittman

Roddenberry Staten Swint Tarver Turner Wright

WEDNESDAY, JANUARY 25, 1950

985

Those voting in the negative were Senators:

Boyett Brooks Bryant Cochran Coleman Daniel Davis Foster

Gary Gholston Grayson Jones Land, 51st Layton McCoy Peterson

The roll call was verified.

Purdom Rackley Rich Saunders Sims Smith Zellner

On the passage of the bill, the ayes were 22, nays 23.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Grayson of the 1st moved that the Senate do now adjourn.
On the motion to adjourn, the ayes were 22, nays 15, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

986

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Thursday, January 26, 1950

The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with.

Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
6. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions.
7. The right granted to the President to call up any bill on the calendar in the order that he may desire.
The consent was granted.

Senator Overby of the 33rd moved that the Senate reconsider its action in defeating the following bill of the House yesterday:
HB 25. By Mr. Gowen of Glynn:
A bill to provide for municipal home rule; to establish optional plans for municipal government for municipalities of Georgia; and for other purposes.
On the motion to reconsider, the ayes were 15, nays 18, and the motion was lost.
By unanimous consent, the journal was confirmed.

THURSDAY, JANUARY 26, 1950

987

The following report of a Committee on Conference was read by the Secretary:

Honorable Marvin Griffin, President of the Senate;

Honorable Fred Hand, Speaker of the House:

Whereas, a conference committee was appointed to work out the differences between the House and the Senate on HB 532; and
Whereas, the conference committee, which includes the entire Fulton delegation, is unanimous in their findings;
Therefore, your conference committee asks that the House and Senate adopt the amendment attached to the said bill as the report of the conference committee.
Roy LeCraw of the 52nd, Alverson of Fulton, Walton of Fulton, Smith of Fulton.

Senator LeCraw of the 52nd moved that the report of the conference committee be adopted.
On the motion to adopt, the ayes were 31, nays 0, and the conference committee report was adopted.

The following report of a Committee on Conference was read by the Secretary:
Honorable Marvin Griffin, President of the Senate;
Honorable Fred Hand, Speaker of the House:
Whereas, a conference committee was appointed to work out the differences between the House and the Senate on HB 331; and,
Whereas, the conference committee, which includes the entire Fulton delegation, is unanimous in their findings;
Therefore, your conference committee asks that the House and Senate adopt the amendment attached to the said bill as the report of the conference committee.
Roy LeCraw of the 52nd, Alverson of Fulton, Walton of Fulton, Smith of Fulton.

988

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd moved that the report of the conference committee be adopted.
On the motion to adopt, the ayes were 31, nays 0, and the report was adopted.

Senator Land of the 24th asked unanimous consent that the following resolution be withdrawn from the Committee on Constitutional Amendments, read the second time and recommitted:

SR 70.

By Senator Land of the 24th:
A resolution proposing an amendment to the Constitution to be known as Article XVI, to provide for the creation of the State Board of Public Welfare, to have the authority and responsibility of the State Board of Social Security as now exists under the laws of this state; and for other purposes.

The consent was granted.

Senator Land of the 24th asked unanimous consent that the following resolution be withdrawn from the Committee on Constitutional Amendments, read the second time, and recommitted:

SR 71.

By Senator Land of the 24th:
A resolution proposing an amendment to the Constitution by striking paragraph XV of section VII of article III and inserting in lieu thereof a new paragraph providing for notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; 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 resolutions of the House, to wit:
HB 855. By Messrs. Matthews and Baker of Clarke: A bill to amend the charter of the Town of Athens and the various acts amendatory thereof; and for other purposes.
HB 861. By Mr. Witherington of Wilcox: A bill to abolish the office of county treasurer of Wilcox County; and for other purposes.
The following resolutions were read and adopted :
SR 81. By Senator Grayson of the 1st: A resolution inviting Honorable James F. Byrnes to address a joint session of the General Assembly.

THURSDAY, JANUARY 26, 1950

989

SR 82. By Senator Grayson of the 1st:
A resolution extending sympathy to Honorable Carl J. Ayers, Senator from the 13th District, on the death of his father.

SR 83. By Senator Florence of the 39th:
A resolution providing for the clearing of sheds Nos. 1 and 2 of the farmers' market for the use of farmers in this vicinity; and for other purposes.

SR 85. By Senator Pilcher of the 19th:
A resolution thanking Senator Purdom for the dinner given to the members of the Senate.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees:
SB 218. By Senators Smith of the 37th and Purdom of the 46th:
A bill to authorize the justices of the Supreme Court to employ seven (7) law assistants; to provide their duties; and to fix their salaries at $5,000.00 each; and for other purposes.
Referred to the Committee on General Judiciary.

SB 219. By Senators Foster of the 40th and Bryant of the 43rd:
A bill to amend Code section 30-102 relating to grounds for divorce by adding "incurable insanity" as grounds for total divorce; and for other purposes.
Referred to the Committee on General Judiciary.
SB 220. By Senator Rodenberry of the 3rd :
A bill to provide that each peace or arresting officer (except detectives and revenue officers) when traveling in motor vehicles shall have the vehicle identified in legible letters of not less than 2.a inches identifying the vehicle as a peace officer's vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.
SR 84. By Senator Land of the 51st:
A resolution to reimburse the Rev. J. F. Cluney for damages to his automobile which was forcibly taken by six escaped convicts; and for other purposes.
Referred to Committee on Appropriations.
HB 855. By Messrs. Matthews and Baker of Clarke:
A bill to amend the charter of the Town of Athens and the various acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

990

JOURNAL OF THE SENATE,

HB 861. By Mr. Witherington of Wilcox:

A bill to abolish the county treasurer of Wilcox County; and for other purposes.

Referred to the Committee on Counties and County Matters.

Mr. Higginbotham of the 31st 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 811. Do Pass.

HB 748. Do Pass.

HB 743. Do Pass.

HB 742. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Smith of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President :
Yo~r Committee on General 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 837. Do Pass.
Respectfully submitted, Smith of 37th District, Chairman

THURSDAY, JANUARY 26, 1950

991

Mr. Rich of the 8th District, chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads 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 146. Do Pass.
SB 152. Do Pass. SB 156. Do Pass.
Respectfully submitted,
Rich of 8th District, Chairman

Mr. Higginbotham of the 31st 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 778. Do Pass.

HB 789. Do Pass.

HB 737. Do Pass.

HB 710. Do Pass.

HB 739. Do Pass.

HB 779. Do Pass.

Respectfully submitted, Higginbotham of 31st District,

Chairman

Mr. Boyett of the 11th District, chairman of the Committee on Pensions, submitted the following report:

Mr. President :

Your Committee on Pensions has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 485. Do Pass.

Respectfully submitted, Boyett of 11th District, Chairman

992

JOURNAL OF THE SENATE,

Mr. Overby of the 33rd 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 Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 188. Do Pass. HB 273. Do Pass.

HB 361. Do Pass.

HB 727. Do Pass.

Respectfully submitted,

Overby of 33rd District,

Chairman

Mr. Pittman of the 42nd 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 135. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Smith of the 37th 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 House and has instructed me to report the same back to the Senat~ with the following recommendations:

HB 381. Do Pass as amended.

Respectfully submitted, Smith of 37th District, Chairman

THURSDAY, JANUARY 26, 1950

993

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

SB 155. By Senator Grayson of the 1st:
A bill to amend an act creating the office of the solicitor general emeritus approved February 7, 1949 (Ga. Laws 1947, pages 780-784) by amending section 2 thereof by providing for the appointment of an assistant to the solicitor general and to fix the time of service at at least five years; and for other purposes.

SB 188. By Senator Overby of the 33rd:
A bill to amend an act relating to licensing, regulating, and qualifications for barbers and hair dressers by requiring barbers in training shall attend a barber school and hair dressers in training shall attend a hair dressers school, and by increasing the number of inspectors; and for other purposes.

SB 146. By Senator Grayson of the 1st: A bill amending the revenue certificate law of 1937 to include highway district; and for other purposes.
SB 156. By Senator Grayson of the 1st: A bill creating the Georgia Turnpike Authority; and for other purposes.
SB 152. By Senator Grayson of the 1st: A bill authorizing the Coastal Highway District to construct a toll bridge over the Savannah river; and for other purposes.
HB 273. By Mr. Gross of Stephens: A bill to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
HB 361. By Messrs. Rowland of Johnson, Willingham of Cobb, and others: A bill to be entitled an act to fix and prescribe the compensation of the chairman and members of the State Board of Workmen's Compensation, created by the act of the General Assembly, approved February 8, 1943; and for other purposes.
HB 381. By Messrs. Willingham of Cobb and Davis of Bartow: A bill to amend an act relating to the revocation of certificates of certified public accountants; and for other purposes.
HB 485. By Messrs. Willis of Thomas, Buie of Camden, and others: A bill to amend an act approved December 21, 1938, the same being entitled widows of veterans, by providing for pensions to be paid to widows; and for other purposes.

994

JOURNAL OF THE SENATE,

HB 710. By Mr. Pannell of Murray:
A bill to abolish that portion of the street known as First Avenue which lies east of the Louisville and Nashville railroad in the City of Eton; and for other purposes.

HB 727. By Mr. Gross of Stephens: A bill to amend an act approved August 14, 1917, entitled an act to provide for nominations by political parties in this state of candidates for United States Senator, Governor, state house officers, etc.; and for other purposes.
HB 737. By Messrs. Hand and Twitty of Mitchell: A bill to amend an act entitled "An act to create a new charter for the City of Camilla; authorizing the City of Camilla to levy an excise tax on the sale of malt beverages; and for other purposes.
HB 739. By Messrs. Coleman, Bell and Cohen of Richmond: A bill to amend the charter of the Town of Hepzibah; and for other purposes.
HB 742. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to amend the charter of the City of LaGrange so as to provide for a city manager; and for other purposes.
HB 743. By Messrs. Caldwell, Groover and Hunter of Troup: A bill to amend the charter of the City of LaGrange, so as to provide for a city manager; and for other purposes.
HB 748. By Messrs. Willingham and Reed of Cobb: A bill to amend an act to create a new charter for the City of Marietta; to provide for a board of appeal; and for other purposes.
HB 778. By Messrs. Jenkins and Davis of Bartow: A bill to amend an act granting a new charter for the City of Cartersville; and for other purposes.
HB 779. By Messrs. Davis and Jenkins of Bartow: A bill to amend an act granting a new charter of the City of Cartersville relating to assessments, etc.; and for other purposes.
HB 789. By Mr. Tribble of Monroe: A bill to amend the city charter of the City of Forsyth, providing for the closing of certain streets; and for other purposes.

THURSDAY, JANUARY 26, 1950

995

HB 811. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to consolidate, create, revise and supersede the several acts incorporating the Town of Roswell; and for other purposes.

HB 837. By Messrs. Davis of Bartow and Matthews of Clarke:
A bill to make any photostatic, micro-photographic or photographic reproduction of any writing or record admissible as evidence; to prescribe rules with reference thereto; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 205. By Senator Wright of the 5th: A bill to amend an act approved January 30, 1945, which amended the charter of the City of Waycross approved August 16, 1922, and which authorized the creation of a pension association for employees of the City of Waycross; and for other purposes.
The report 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 746. By Messrs. Vickers and Galloway of Colquitt: A bill to amend an act creating the City Court of Colquitt County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 747. By Mr. Garrard of Wilkes: A bill to penalize the possession of malt beverages and wine in all counties in the State of Georgia having a population of not more than 15,083 and not less than 15,085; and for other purposes.
The report 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 736. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act to provide for a county board of commissioners for the County of Mitchell; and for other purposes.

996

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 738. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an act establishing the City Court of Camilla; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 754. By Mr. Kemp of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; to redefine the corporate limits of said town to provide for and fix the term of office of 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 755. By Mr. Kemp of Clayton:
A bill to amend an act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court and the sheriff; and for other purposes.
The report 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 756. By Messrs. Nelson of Pulaski, Jessup of Bleckley, Adams of Wheeler, Walker of Telfair, Moore of Dodge, Hilton of Montgomery, and Gillis of Treutlen :
A bill to amend an act providing for the salary of the solicitor general of the Oconee 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 26, 1950

997

HB 752. By Mr. Kemp of Clayton:
A bill to amend an act establishing the office of the tax receiver and the office of the tax collector of Clayton County, and to create the office of tax commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 753. By Mr. Kemp of Clayton: A bill to amend an act to incorporate the fee system to the salary in the County of Clayton; and for other purposes.
The report 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 758. By Messrs. Cagle of Cherokee, Willingham and Reed of Cobb, Cagle of Pickens, Simmons of Gilmer, Mull of Fannin and Mashburn of Forsyth: A bill to supplement the salary of the judge of the superior court of the Blue Ridge 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 759. By Mr. Gross of Stephens: A bill to amend an act fixing the terms of superior courts of the Blue Ridge 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 774. By Mr. Lokey of McDuffie: A bill to amend an act incorporating the Town of Thomson; and for other purposes.
The report 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.

998

JOURNAL OF THE SENATE,

HB 751. By Mr. Kemp of Clayton:
A bill to amend an act to establish the City Court of Jonesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 782. By Mr. Cook of Chattooga:
A bill to amend an act entitled an act to establish the City Court of Chattooga County; and for other purposes.
Senator Pittman of the 42nd moved that HB 782 be tabled, and the motion prevailed.

HB 785. By Messrs. Carmical and Cranford of Coweta:

A bill to amend an act to establish a City Court 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 34, nays 0.

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

HB 776. By Messrs. Durden and Davis of Dougherty:
A bill to amend the act creating and establishing a new charter for the City of Albany; to prescribe an increase in salary for the mayor, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 777. By Mr. Durden of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany; to authorize the City of Albany to enter into contracts for group 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed

THURSDAY, JANUARY 26, 1950

999

HB 780. By Messrs. Jenkins and Davis of Bartow: A bill to change the ordinary from the fee system to the salary system in certain counties in 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 786. By Messrs. Carmical and Cranford of Coweta: A bill to amend an act authorizing the board of commissioners of roads and revenues for Coweta County to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 790. By Mr. Aultman of Houston: A bill to amend an act entitled "An act to create and incorporate a new municipality in Houston County to be known as Warner Robins"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 805. By Messrs. Miller, Trice and Vandiver of Bibb:
A bill to ratify and confirm action of mayor and council of the City of Macon in abandoning, vacating and closing certain portions of New and Willow Streets and Spring Street Lane in 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 807. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1000

JOURNAL OF THE SENATE,

HB 808. By Messrs. Vandiver, Trice and Miller 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.
The report 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 818. By Mr. Stanton of Newton:
A bill to amend an act increasing salary of treasurer of Newton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 814. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Fulton County employees pension code; to provide for the withdrawal by persons transferring all their contributions; and for other purposes.
The report 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 815. By Mr. Brazeal of Terrell:
A bill to amend the charter of the City of Dawson; and for other purposes.
The report 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 838. By Mr. Baggett of Grady:
A bill to repeal an act approved August 14, 1931, and change the time for holding the fall term of Grady Superior Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 26, 1950

1001

HB 847. By Mr. Smiley of Liberty:
A bill to amend an act creating the City Court of Hinesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 854. By Mr. Sills of Candler:
A bill to amend an act creating the hoard of road and revenue commissioners of Candler County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills of the Senate and House were read the third time and put upon their passage:
SB 203. Senator Lunsford of the 9th, Zellner of the 22nd and Sims of the 2nd:
A bill to repeal Code Section 32-938 of the Code of 1933, as amended, relating to the attendance of children residing in one county in schools located in another county, and substituting a new section; and for other purposes.
The report 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.
Senator Lunsford of the 9th asked unanimous consent that SB 203 be immediately transmitted to the House and the consent was granted.
SB 153. By Senator Pilcher of the 19th:
A bill to amend an act approved January 25, 1946, pages 19-24, which amended the Motor Fuel Tax Law by striking from Section 1 thereof Subsection (1) (d) and substituting therefor a new subsection (1) (d) providing for a refund on motor fuel tax paid by farmers purchasing in quantities of 25 gallons or more; and for other purposes.

Senator Harrison of the 17th offered the following amendment:
Amend SB 153, Section 2a as follows: Provided, further, that no refunds will be granted on any gasoline used in farm equipment unless said gasoline has been colored so as to distinguish it from all other types of gasoline commonly used in the state.

1002

JOURNAL OF THE SENATE,

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 110. By Senator Ursrey of the 54th:
A bill to create a State Livestock Sanitary Board, to define its duties, amend the livestock and dairy laws; and for other purposes.
Senator Ursery of the 54th asked unanimous consent that SB 110 be recommitted to the Committee on Agriculture, and the consent was granted.

SB 185. By Senator Zellner of the 22nd:
A bill to govern and regulate sale and inspection, importation and distribution of all fluid milk for human consumption; to prescribe its standards; to prescribe sanitary requirements; and for other purposes.

The Committee on Public Health offered the following substitute:
A BILL
To govern and regulate the sale, inspection, importation and distribution of all fluid milk for human consumption; to prescribe its standards; to prescribe the sanitary requirements; to provide adequate inspection of dairies, milk plants, milk and milk products; to provide for rules and regulations to be promulgated by the Commissioner; to provide for pasteurization to be governed by each municipality; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME.
SECTION 1.
That on and after the passage of this act, all fluid milk sold, offered for sale, or delivered for the purpose of human consumption shall be Grade A, only, according to specifications in the laws, and rules and regulations promulgated by the Commissioner of Agriculture.
SECTION 2.
The Commissioner of Agriculture is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold, or offered for sale, in this State provided that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the United States Public Health Ordinance Code.

THURSDAY, JANUARY 26, 1950

1003

SECTION 3.
It is hereby required that all milk and milk products shipped into this state from another state shall meet the sanitary standards and requirements of the law, and the rules and regulations promulgated by the Commissioner of Agriculture.

SECTION 4.
The Commissioner of Agriculture shall have the power and authority to revoke or cancel the permit, or license, of any person, firm or corporation doing business in the state who violates any of the provisions of this act.

SECTION 5.
Be it further provided that cities and counties shall have the power and authority by ordinance to require pasteurization of all milk and milk products sold within their limits, and providing no rules and regulations shall be promulgated by the Commissioner of Agriculture denying the municipalities and counties this power and authority.

SECTION 6.
Provided that any section, paragraph or clause of this act shall be held unconstitutional that it shall not affect the validity of the remaining parts of this act.

SECTION 7.
All laws and parts of laws in conflict with this act, shall be, and the same are hereby repealed.

On the adoption of the substitute, the ayes were 37, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Zellner of the 22nd asked unanimous consent that SB 185 be immediately transmitted to the House, and the consent was granted.

SB 201. By Senator Smith of the 37th, Senator Overby of the 33rd and Senator Saunders of the 25th: A bill to amend an act known as the Adoption Laws Revised; and for
other purposes.
The report 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.

1004

JOURNAL OF THE SENATE,

Senator Land of the 24th asked unanimous consent that SB 201 be immediately transmitted to the House and the consent was granted.

HR 55. By Senator Grayson of the 1st:
A resolution to amend Article 7, Section 7 of the Constitution requiring the commissioners of Chatham County to levy additional taxes for the support and maintenance of education; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 196. By Senators Ayers of the 13th and Overby of the 33rd:
A bill to repeal Code Section 24-1716 and substitute a new section therefor to fix the fees to which ordinaries of this state are 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 189. By Senator Zellner of the 22nd:
A bill to amend an act approved March 30, 1937 (Georgia Laws 1937, pages 247-264) as amended, establishing a Milk Control Board by providing that two members of the board shall be defined as a "producer member", one member as a "producer-distributor member", one member as a "dealer member" and one member as a "consumer member"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Zellner of the 22nd asked unanimous consent that SB 189 be immediately transmitted to the House, and the consent was granted.

SB 195. By Senators Smith of the 37th and Overby of the 33rd:
A bill to make any photostatic, microphotographic or photographic reproduction of any writing or record admissable as evidence; to prescribe the rules and regulations with reference thereto; and for other purposes.
Senator Smith of the 37th asked unanimous consent that SB 195 be indefinitely postponed and the conse~t was granted.

THURSDAY, JANUARY 26, 1950

1005

SB 204. By Senator Overby of the 33rd, and Senator Blalock of the 36th:
A bill to amend Chapter 22-5 of the Code of Georgia of 1933 by adding a new section to be known as Section 22-519, providing for amendments of charters or certificates of incorporation of railroad companies reorganized under the National Bankruptcy Act, as amended; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 173. By Senator Foster of the 40th:
A bill to authorize and empower the director of Game and Fish Commission to make and enter into agreements with North Carolina authorities whereby current fishing license will be accepted and honored reciprocally on Lake Chatuge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 274. By Mr. Gross of Stephens:
A bill to amend an act entitled "an act to classify property for taxation ; to levy taxes on certain classes of intangible personal property"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 275. By Mr. Gross of Stephens:
A bill to amend an act to provide that a trust exempt from federal income taxes under Section 165 (a) of the Internal Revenue Code shall be exempt from taxation under the state income tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1006

JOURNAL OF THE SENATE,

SB 206. By Senator Foster of the 40th, Senator McCoy of the 4th and Daniel of the 9th:
A bill to amend an act entitled "an act to define reckless driving and to prohibit the same; to restrict the speed of the public streets and highways 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 34, nays 3.
The bill, having received the requisite constitutional majority, was passed.

SB 127. By Senator Clary of the 29th:
A bill to extend the provisions of the Merit System Act so as to include officials and employees of the State Department of Banking; and for other purposes.
The report 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 359. By Mr. Miller of Bibb:
A bill to further provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are either listed or admitted to unlisted trading privileges upon a stock exchange, or quoted regularly in newspapers; and for other purposes.

Senator Davis of the 27th offered the following amendment:
Amend HB 359 by placing at the end of Section 2 after the word "date" the words "and said sale to be confirmed by the ordinary."
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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock.

FRIDAY, JANUARY 27, 1950

1007

Senate Chamber, Atlanta, Georgia. Friday, January 27, 1950

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:

Blalock Boyett Brooks Bryant Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson

Pilcher Pittman Purdom Rackley Roddenberry Rowland Saunders Smith Stark Swint Tarver Turner Ursrey Zellner

The following Senators did not answer to their names: Ansley, Ayers, Coleman, Eve, Layton, Rich, Sims, Staten, Williams, and Wright.

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of Senate and House bills and 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. 6. Third reading and consideration of general bills and resolutions. With the right granted to the President of the Senate to call up any bill on the calendar in the order that he may desire.
The consent was granted.

1008

JOURNAL OF THE SENATE,

The following resolution was read and adopted:

SR 87. By Senator Pilcher of the 19th:
A resolution to amend SR 4 to provide additional personnel for the President of the Senate; and for other purposes.

The following resolution of the Senate was read the first time and referred to the committee:

SR 86. A resolution proposing an amendment to the Constitution of the United States limiting income tax, inheritance and gift taxes to a maximum rate of 25%.
Referred to the Committee on Amendments to the Constitution.

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 111. By Senators Land of the 51st and Smith of the 37th:
A bill to amend Section 6 on pages 129 and 130 of the Acts of 1943, Georgia Code Section 45-140, 1933, relating to the compensation and expense and meetings of the commission of the Game and Fish Department; and for other purposes.
SR 36. By Senator Bryant of the 43rd:
A resolution to designate State Highway Route No. 71, from Dalton to the Tennessee line as the "Doug Puryear Highway" and for other purposes.
SR 61. By Senator Harrison of the 17th:
A resolution to authorize the Governor, acting for and on behalf of the State of Georgia, to execute a deed to the United States of America for a certain tract or parcel of land of the State of Georgia, containing approximately 106.89 acres and located in Jenkins County, and a part of Magnolia Spring State Park, to be used by the United States Department of the Interior, Fish and Wild Life Service for the purpose of constructing and maintaining buildings and other structures for conservation purposes on said land in Magnolia Spring State Park; and for other purposes.

FRIDAY, JANUARY 27, 1950

1009

Mr. Overby of the 33rd 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 209. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under consideration the follow-
ing bills of the House and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
HB 812. Do Pass. HB 840. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman
Mr. Ayers of the 13th 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 the same back to the Senate with the following recommendations:
HB 848. Do Pass. SB 212. Do Pass. HB 826. Do Pass. HB 861. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

1010

JOURNAL OF THE SENATE,

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:

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

HB 763. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

Mr. Smith of the 37th District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President: Your Committee on General Judiciary has had under consideration the follow-
ing bill of the House and has instructed me as chairman, to report the same back to the Senate with the following recommendation:
HB 322. Do Pass as Amended.
Respectfully submitted, Smith of 37th District, Chairman

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:
Mr. President: Your Committee on Agriculture 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 821. Do Pass.
Respectfully submitted, Tarver of 48th District, Chairman

FRIDAY, JANUARY 27, 1950

1011

Mr. Brooks of the 50th 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 71. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

Mr. Higginbotham of the 31st 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 213. Do Pass.
SB 211. Do Pass.
Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Smith of the 37th 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 181. Do Pass.
Respectfully submitted, Smith of 37th District, Chairman

1012

JOURNAL OF THE SENATE,

Mr. Brooks of the 15th 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 resolutions of the House and Senate and has instructed me as chairman, to report the same back to the Senate with the following recommendations:

SR 58. Do Pass; SR 62. Do Pass. HR 35. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

Mr. Higginbotham of the 31st 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 750. Do Pass as Amended.
HB 118. Do Pass. Respectfully submitted, Higginbotham of 31st District, Chairman

The following bills and resolutions of the Senate and House favorably reported by committees, were read the second time :
HB 118. By Messrs. Cohen, Coleman and Bell of Richmond:
A bill to amend an act entitled "An act to promote the efficiency and improve the condition of the fire department of the City of Augusta; and for other purposes.
HB 322. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to clarify Sections 23-1704 and 23-1705 of the Georgia Code of 1933 so as to provide for execution by public contractors of a single bond embracing the requirements of both of said sections; and for other purposes.

FRIDAY, JANUARY 27, 1950

1013

HB 750. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Lake Tara in the County of Clayton ; and for other purposes.

HB 763. By Messrs. Gillis of Treutlen, Adams of Wheeler, Smith and Edenfield of Emanuel, Twitty of Mitchell and Ray of Warren:
A bill to amend an act approved February 23, 1949 known as the Statewide Forest Fire Protection Act, so as to authorize agreements between counties and State Forestry Commission for payment by counties for forest fire protection where appropriations by the General Assembly are insufficient; and for other purposes.
HB 821. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution; to provide for an Agricultural Commodities Commission; and for other purposes.
HB 840. By Messrs. McCracken of Jefferson, Gowen of Glynn, and others: A bill to repeal Code Section 39-705 of the Code of Georgia of 1933 which reads as follows: "For entering such execution as aforesaid upon the general execution docket the clerk shall be entitled to a fee of 10 cents; and for other purposes.
HB 848. By Mr. Smiley of Liberty:
A bill to provide for the compensation of the chairman and the members of the board of education in all counties of this state having a population of not less than 8,590 and not more than 8,600 according to the 1940 or any future census; and for other purposes.
HB 812. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend Section 29-409 of the Code of Georgia of 1933, which directs the manner and form of execution of deeds to realty and personalty when such deeds are executed outside of the State of Georgia; and for other purposes.
HB 826. By Mr. Langdale of Lowndes: A bill to authorize the officers of any county of this state who have charge of records, including the clerks of the several courts of such county, the ordinary or Court of Ordinary of such county, or any other such county officers to install and use photostatic equipment; and for other purposes.
HB 861. By Mr. Witherington of Wilcox: A bill to abolish the office of county treasurer of Wilcox County; and for other purposes.

1014

JOURNAL OF THE SENATE,

HR 35. By Messrs. Twitty of Mitchell, Davis and Durden of Dougherty and Gowen of Glynn:
A resolution proposing to the qualified voters of Georgia an amendment to Article VI, Section 21, paragraph 1, of the Constitution to provide that the Justices of the Supreme Court and the Judges of the Court of Appeals shall each have a salary of $12,000 per annum, and the Judge of the Superior Courts shall have a salary of $9,000 per annum; and for other purposes.

SB 181. By Senator Overby of the 33rd:
A bill to repeal the act creating juvenile courts in certain counties, approved August 16, 1915 (Georgia Laws 1915), page 35 as amended, all of which acts are codified as Chapter 24-24 of the Code of Georgia; and for other purposes.

SB 212. By Senator Grayson of the 1st:
A bill to provide for a new registration of the qualified voters of Chatham County; repealing all laws in conflict herewith; and for other purposes.

SB 211. By Senator Grayson of the 1st:
A bill to amend the charter incorporating the mayor and aldermen of the City of Savannah prescribing the persons qualified to vote at the next general election; and for other purposes.

SB 213. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah affecting the pension system for the employees of the mayor and aldermen; and for other purposes.

SR 58 By Senator Pilcher of the 19th:
A resolution proposing an amendment to Article VII, Section 1, paragraph 2 of the Constitution, striking the provisions for levying ad valorem taxes on property for state purposes; and for other purposes.
SR 62. By Senator LeCraw of the 52nd, Senator Turner of the 34th, Senator Pittman of the 42nd and Senator Eve of the 18th:
A resolution proposing an amendment to the Constitution by reinstating paragraph 4, Section 1 of Article V, and by eliminating a proposed substitute therefor approved February 10, 1945, Georgia Laws 1949, pages 528-532; and for other purposes.
SB 209. By Senator Foster of the 40th:
A bill to amend Code 30-801. Water power owners may purchase lease or condemn easements; payments of compensation; and for other purposes.

FRIDAY, JANUARY 27, 1950

1015

SR 71. By Senator Land of the 24th:
A resolution proposing an amendment to the Constitution by striking paragraph 15, Section 7, Article 3 and inserting a new paragraph providing for notice of intention to apply for local legislation to be advertised in locality affected; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 152. By Senator Grayson of the 1st: A bill to authorize the coastal highway district to construct a toll bridge over the Savannah River; and for other purposes.
The report 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 710. By Mr. Pannell of Murray: A bill to abolish that portion of the street known as First Avenue which lies east of the L & N Railroad in the City of Eton; and for other purposes.
The report 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.
11B 737. By Messrs. Hand and Twitty of Mitchell: A bill to amend an act entitled "An act to create a new charter for the City of Camilla; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 739. By Messrs. Coleman, Bell and Cohen of Richmond: A bill to amend the charter of the Town of Hepzibah and to confer certain powers on the commissioners thereof.
The report 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.

1016

JOURNAL OF THE SENATE,

HB 742. By Messrs. Caldwell, Groover and Hunter of Troup:
A bill to amend the charter of the City of LaGrange approved December 16, 1901; and for other purposes.
The report 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 743. By Messrs. Caldwell and Groover of Troup:
A bill to amend the charter of the City of LaGrange approved December 16, 1901, as amended so as to extend the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 748. By Messrs. Willingham and Reed of Cobb:
A bill to amend an "Act to create a new charter for the City of Marietta"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 779. By Messrs. Davis and Jenkins of Bartow:
A bill to amend the act granting a new charter to the City of Cartersville; and for other purposes.
The report 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 778. By Messrs. Jenkins and Davis of Bartow:
A bill to amend an act granting a new charter for the City of Cartersville in Bartow County, to provide for abolishing the primary election as now held for the election of the mayor and board of aldermen 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 27, 1950

1017

HB 789. By Mr. Tribble of Monroe:

A bill to amend the city charter of the City of Forsyth providing for the closing of certain streets ; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.

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

HB 811. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to consolidate, create, revise and supersede the several acts incorporating the Town of Roswell, in the County of Fulton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
HB 381. By Messrs. Willingham of Cobb, and Davis of Bartow:
A bill to amend Section 84-210 of the Georgia Code (Acts 1935, page 91) relating to the revocation of certificates of certified public accountants of this state by the State Board of Accountancy by striking from said section the provisions that any appeal from the ruling of said Board of Public Accountancy must be by petition for certiorari to the Judge of Superior Court of Fulton County; and for other purposes.
The Committee on General Judiciary offered the following amendment:
Amend HB 381 by adding at the end of Section 1 to be a portion of Section, the following: "The purpose and intention of this Section shall apply to registered public accountants in the same manner in all respects, and they shall have the same rights and privileges as certified public accountants."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1018

JOURNAL OF THE SENATE,

HB 837. By Messrs. Davis of Bartow and Matthews of Clarke: A bill to make any photostatic, microphotographic or photographic reproductions of any writing or record admissible as evidence; and for other purposes.
The report 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 146. By Senator Grayson of the 1st:
A bill to amend an act entitled "Revenue Certificate Law of 1937" (Ga. Laws 1937, pages 161-174) as amended by providing that highway districts created by the constitional amendment as political subdivisions of the state may operate under said Revenue Certificate Law of 1937; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 68.

By Senator Saunders of the 25th:
A resolution authorizing the execution of easement on certain tract of land located in Harris County known as Pine Mountain Park; 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 maority, was adopted.

SB 154. By Senators Pittman of the 42nd and Newton of the 47th:
A bill approved March 9, 1945, creating the office of the judge of the superior court emeritus by providing that no such judge emeritus shall accept employment as attorney in any case over which he has had jurisdiction as judge of the superior court; and for other purposes.
Senator Smith of the 37th asked unanimous consent that SB 154 be postponed until January 31, and the consent was granted.

SB 197. By Senators Dykes of the 14th and Overby of the 33rd:
A bill changing the salary of the supervisor of purchases from $5,000 per annum to $7,500.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 1.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 27, 1950

1019

SB 198. By Senators Overby of the 33rd and Dykes of the 14th:
A bill to extend the provisions oi the Merit System Act to include the
employees of the office of the State Supervisor of Purchases; and for other purposes.
Senator Dykes of the 14th asked unanimous consent that SB 198 be postponed until January 30, and the consent was granted.

SB 163. By Senator LeCraw of the 52nd and others:
A bill to extend the state Merit System Act to include the employees of the State Military Department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 169. By Senator Cochran of the 7th:
A bill to extend the provisions of the Merit System Act to include employees of the State Department of Entomology; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 155. By Senator Grayson of the 1st:
A bill to amend an act creating the office of solicitor general and to fix the time of service at at least five 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Senator Smith of the 37th moved that the Senate do now adjourn until 11 o'clock Monday morning, and the motion prevailed.
The President announced the Senate adjourned until 11 o'clock tomorrow :.:!lorning.

1020

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Monday, January 30, 1950

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, Rev. W. P. Allison, chaplain for Fulton County.

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

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Peterson Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Sims Smith Stark Staten Swint Tarver Turner Ursrey Williams Wright Zellner

The following Senators did not answer to their names: Eve, and Saunders.

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of Senate and House bills and resolutions.
3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported by the committees. 5. Third reading and consideration of local bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

MONDAY, JANUARY 30, 1950

1021

With the right granted to the President to call up any bill on the calendar in the order that he may desire.
The consent was granted.

Senator Purdom of the 46th 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 217. By Senator Mason of the 28th:
A bill relating to deeds to secure debt, bills of sale, and other instruments creating liens on real or personal property or both; to provide that such instrument, is so provided there, shall secure not only existing indebtedness but also further advances made within six years from date of such instrument; 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 resolutions of the House, to wit:

HB 883. By Messrs. Greene of Crisp, Briscoe of Walton, Twitty of Mitchell, and others:
A bill to provide for the granting by the director of state parks, historic sites, and monuments to veterans' organizations chartered by the Congress of the United States; and for other purposes.

HB 887. By Mr. Holloway of Schley:
A bill to amend an act approved August 21, 1906, which act established a City Court of Ellaville; and for other purposes.

HB 889. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to amend section 42 of the act of 1918, creating a new charter for the City of Rome; and for other purposes.

HB 890. By Messrs. Covington, Scoggins and Moulton of Floyd: A bill to amend section 53 of the act of 1918, creating a new charter for the City of Rome as amended by the act of 1933; and for other purposes.
HB 891. By Messrs. Bolton and Harper of Spalding: A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway Street; and for other purposes.

1022

JOURNAL OF THE SENATE,

HB 892. By Messrs. Bolton and Harper of Spalding:
A bill to consolidate the office of tax receiver and tax collector of Spalding County; and for other purposes.

HB 894. By Messrs. Bolton and Harper of Spalding:
A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate a certain portion of South Ninth Street, in said city; and for other purposes.

HB 895. By Mr. Bell of Elbert:
A bill to amend an act entitled an act to establish the City Court of Elberton in Elbert County; and for other purposes.
HB 899. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to provide for, fix, and regulate the salary, and to prescribe the duties of the official court reporter for the superior court of Muscogee County; and for other purposes.

HB 900. By Messrs. Harper and Bolton of Spalding:
A bill to amend an act entitled "An act to revise and consolidate the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin; and for other purposes.
HB 905. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act approved February 6, 1873, and captioned "An act to establish a county board of commissioners of the County of Bibb; to define its duties; and for other purposes.
HB 906. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act to establish the City Court of Macon in and for the County of Bibb; by providing for the appointment of a court reporter and secretary to the judge; and for other purposes.

HB 401. By Mr. Howard of DeKalb:
A bill to establish a probation system to be administered and controlled by the State Board of Pardons and Paroles as a part of the function and duties of said board; and for other purposes.

HB 523. By Mr. Rowland of Johnson: A bill to amend an act creating the City Court of Wrightsville; and for other purposes.
HB 721. By Messrs. Miller, Vandiver and Trice of Bibb: A bill to amend an act approved August 3, 1927, entitled: An act to reenact the charter of the City of Macon; and for other purposes.

MONDAY, JANUARY 30, 1950

1023

HB 740. By Mr. Risner of Hart:
A bill to amend an act of the Georgia Legislature of 1946, entitled "An act to create the office of commissioner of roads and bridges and a board of finance in and for Hart County; and for other purposes.

HB 781. By Mr. Davis of Bartow:
A bill to provide that no insurance company doing business in this state and issuing policies of insurance in this state covering either personal or real property shall be permitted to refuse or avoid payment upon losses under any such policies upon the ground that such property was subject to and bailment; and for other purposes.

HB 784. By Mr. Stanton of Newton:
A bill to set up state-wide control of foxes infected with rabies; and for other purposes.

HB 798. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the board of education of any county having a city with a certain population to enter into contracts for group life, health or accident insurance; and for other purposes.

HB 810. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend sub-paragraph 4 of paragraph 5 of section 24-2714 of the 1933 Code of Georgia which provides that clerks of superior courts shall keep in their offices an execution docket; and for other purposes.

HB 819. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act entitled "An act to create a new charter and municipal government for the City of Buford; and for other purposes.

HB 827. By Messrs. Langdale and Mathis of Lowndes:
A bill to authorize the officers of any county of this state having a certain population, who have charge of records, to install and use photostatic equipment; and for other purposes.

HB 829. By Mr. Baughman of Early:
A bill to amend the act establishing the City Court of Blakely, in Early County; and for other purposes.

HB 842. By Messrs. McCracken of Jefferson, Abney of Walker, Scoggins of Floyd, and others:
A bill to repeal Code section 24-2729 of the Code of Georgia of 1933, and to enact a new section in lieu thereof; and for other purposes.

HB 850. By Messrs. Myers and Murr of Sumter:
A bill to amend an act entitled an act to amend, revise and consolidate the several acts granting corporate authority to the City of Americus; and for other purposes.

1024

JOURNAL OF THE SENATE,

HB 851. By Messrs. Myers and Murr of Sumter:
A bill to create a system of retirement for employees of the City of Americus; and for other purposes.

HB 852. By Mr. Mathews of Peach:
A bill to amend the charter of the City of Fort Valley; and for other purposes.

HB 858. By Messrs. Leach of Rockdale, Best of Clay and Mathews of Peach:
A bill to amend section 26-5602 of the Code of Georgia of 1933, which section relates to the punishment where any person being married shall marry another person; and for other purposes.

HB 859. By Mr. Watford of Long:
A bill to authorize and direct the authority having control of expenditures of the county funds in Long County, to pay to the ordinary of said Long County the sum of fifty dollars per month in addition to the fees now paid to said ordinary; and for other purposes.

HB 860. By Messrs. Walton and Alverson of Fulton:
A bill to amend an a~t establishing a charter for the City of Mountain Park; and for other purposes.

HB 863. By Mr. Smiley of Liberty:
A bill to authorize the commissioners of roads and revenues of the County of Liberty to use funds from any surplus funds in the treasury of said county in an amount not to exceed five thousand and twenty-five dollars for the purpose of obtaining, maintaining, keeping or establishing a soil conservation experiment station in the County of Liberty; and for other purposes.

HB 871. By Mr. Kitchens of Twiggs:
A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the County of Twiggs; and for other purposes.

HB 877. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter of the City of College Park, so as to amend the civil service and pension law; and for other purposes.

HB 881. By Mr. Holloway of Schley:
A bill to amend an act creating a new charter for the City of Ellaville; and for other purposes.

HB 908. By Mr. Gross of Stephens:
A bill to incorporate the City of Toccoa, in Stephens County, approved July 22, 1903, providing for the appointment of tax assessors; and for other purposes.

MONDAY, JANUARY 30, 1950

1025

HB 910. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved Dec. 18, 1900, so as to change, enlarge, and extend the corporate limits of the City of Douglas, in Coffee County; and for other purposes.

HB 911. By Messrs. Bargeron and Cates of Burke:
A bill to amend an act incorporating the Town of Sardis in the County of Burke; and for other purposes.

HB 913. By Messrs. Britton and Bledsoe of Whitfield:
A bill to amend the charter of the City of Dalton, by increasing the amount of pension from $50.00 to $100.00; and for other purposes.

HB 914. By Mr. Aycock of Jenkins:
A bill to amend an act to create the office of tax commissioner of Jenkins County; and for other purposes.

HB 915. By Mr. Aultman of Houston:
A bill to amend an act to create a new charter for the City of Perry; and for other purposes.

HB 916. By Messrs. Langdale and Mathis of Lowndes:
A bill .relating to Lowndes County, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; and for other purposes.
HB 917. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
HB 920. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved July 31, 1920, entitled an act to incorporate the Town of Alpharetta; and for other purposes.
HB 921. By Mr. Hartley of Crawford:
A bill to amend an act approved July 29th, and as contained and set forth in the Acts of the General Assembly of Georgia, in 1919, page 636, to prescribe and limit the compensation of the treasurer of Crawford County; and for other purposes.

HB 924. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to amend an act entitled "An act to establish a City Court in the County of Floyd" as amended, making the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this state, applicable to said city court; and for other purposes.

1026

JOURNAL OF THE SENATE,

HB 929. By Mr. Summerour of Dawson:
A bill to amend an act "to create a board of commissioners of roads and revenues for the County of Dawson"; and for other purposes.

HB 937. By Mrs. Blitch of Clinch:
A bill to amend the act creating the board of commissioners of roads and revenues for Clinch County; and for other purposes.

HR 91. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution to compensate William Melvin Kimbrell for injuries sustained by the collapsing of a grandstand at the Reidsville state prison; and for other purposes.

HR 123. By Mr. Twitty of Mitchell:
A resolution to compensate A. C. Simmone, father of Lanora Simmone, a minor who was permanently injured by a truck owned and operated by the State of Georgia; and for other purposes.

HR 127. By Mr. Alverson of Fulton:
A resolution to award a gold medal posthumously to Captain William A. Fuller for his initiative and persistence beyond the call of duty; and for other purposes.

HR 147. By Messrs. Chastain and Willis of Thomas:
A resolution concerning reconveyance by the State of Georgia to the City of Thomasville and County of Thomas lands described herein; and for other purposes.

HR 151. By Messrs. Langdale and Mathis of Lowndes, Hopkins of Charlton, and Hinson of Ware:
A resolution to provide that the Governor of Georgia be authorized and directed to execute a deed conveying fractional lot 75 in the lOth district, 1st section, of originally Appling, then Ware, now Charlton County, Georgia, to T. A. Scott of Lowndes County, Georgia, for a consideration of one dollar, and that said deed be delivered to him; and for other purposes.

HR 154. By Messrs. Greene of Crisp, Twitty of Mitchell, Witherington of Echols, and others:
A resolution fixing official name and designation of "Georgia Veterans Memorial State Park"; and for other purposes.

The House has agreed to Senate amendments to the following bills of the House, to wit:
HB 133. By Mr. Twitty of Mitchell:
A bill to amend an act regarding participation by policy-holders in net profits; and for other purposes.

MONDAY, JANUARY 30, 1950

1027

HB 239. By Messrs. Abney of Walker, Hale of Dade, and others:
A bill to create a new judicial circuit for the State of Georgia to be called the Lookout Judicial Circuit; and for other purposes.

HB 316. By Messrs. Chastain of Thomas and Lewis of Hancock:
A bill to fix one annual license fee of $225.00 for each insurance company and all of its agents doing business in Georgia; and for other purposes.

HB 436. By Messrs. Gross of Stephens and Stevens of Marion:
A bill to amend an act known as the "unemployment compensation" by reducing the rate of taxation; and for other purposes.

HB 693. By Messrs. Bledsoe and Britton of Whitfield:
A bill to amend and consolidate an act incorporating the City of Dalton; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees:
SB 221. By Senator Rich of the 8th: A bill to amend the charter of the City of Bainbridge so as to provide for a retirement benefit system and plan for city employees; and for other purposes.
Referred to the Committee on Municipal Government.
SB 222. By Senators Smith of the 37th and Purdom of the 46th: A bill to authorize the judges of the Court of Appeals to appoint six law assistants; to provide for their duties and qualifications; to fix their salaries at $5,000.00 per annum each; and for other purposes.
Referred to the Committee on General Judiciary.
HB 895. By Mr. Bell of Elbert: A bill to amend an act entitled an act to establish the City Court of Elberton in Elbert County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 899. By Messrs. Hollis, Pickard and Dicus of Muscogee: A bill to provide for, fix, and regulate the salary, and to prescribe the duties of the official court reporter for the superior court of Muscogee County; and for other purposes.
Referred to the Committee on Counties and County Matters.

1028

JOURNAL OF THE SENATE,

HB 900. By Messrs. Harper and Bolton of Spalding:
A bill to amend an act entitled "An act to revise and consolidate the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin; and for other purposes.
Referred to the Committee on Municipal Government.

HB 905. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act approved February 6, 1873, and captioned "An act to establish a county board of commissioners of the County of Bibb; to define its duties; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 906. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act to establish the City Court of Macon in and for the County of Bibb; by providing for the appointment of a court reporter and secretary to the judge; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 883. By Messrs. Greene of Crisp, Briscoe of Walton, Twitty of Mitchell, and others:
A bill to provide for the granting by the director of state parks, historic sites, and monuments to veterans' organizations chartered by the Congress of the United States; and for other purposes.
Referred to the Committee on Conservation.

HB 887. By Mr. Holloway of Schley:
A bill to amend an act approved August 21, 1906, which act established a City Court of Ellaville; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 889. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to amend section 42 of the act of 1918, creating a new charter for the City of Rome; and for other purposes.
Referred to the Committee on Municipal Government.

HB 890. By Messrs. Covington, Scoggins and Moulton of Floyd:
A bill to amend section 53 of the act of 1918, creating a new charter for the City of Rome as amended by the act of 1933; and for other purposes.
Referred to the Committee on Municipal Government.

HB 891. By Messrs. Bolton and Harper of Spalding: A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway Street; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, JANUARY 30, 1950

1029

HB 892. By Messrs. Bolton and Harper of Spalding:
A bill to consolidate the office of tax receiver and tax collector of Spalding County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 894. By Messrs. Bolton and Harper of Spalding:
A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate a certain portion of South Ninth Street in said city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 937. By Mrs. Blitch of Clinch: A bill to amend the act creating the board of commissioners of roads and revenue for Clinch County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 91. By Messrs. Alverson, Smith and Walton of Fulton: A resolution to compensate William Melvin Kimbrell for injuries sustained by the collapsing of a grandstand at the Reidsville state prison; and for other purposes.
Referred to Committee on Appropriations.
HR 123. By Mr. Twitty of Mitchell: A resolution to compensate A. C. Simmone, father of Lanora Simmone, a minor who was permanently injured by a truck owned and operated by the State of Georgia; and for other purposes.
Referred to Committee on Appropriations.
HR 127. By Mr. Alverson of Fulton:
A resolution to award a gold medal posthumously to Captain William A. Fuller for his initiative and persistence beyond the call of duty; and for other purposes. Referred to the Committee on Pensions.
HR 147. By Messrs. Chastain and Willis of Thomas:
A resolution concerning reconveyance by State of Georgia to the City of Thomasville and County of Thomas lands described herein; and for other purposes.
Referred to the Committee on Public Utilities.

HR 151. By Messrs. Langdale and Mathis of Lowndes, Hopkins of Charlton, arid Hinson of Ware:
A resolution to provide that the Governor of Georgia be authorized and directed to execute a deed conveying fractional lot 75 in the lOth district,

1030

JOURNAL OF THE SENATE,

1st section of originally Appling, then Ware, now Charlton County, Georgia, to T. A. Scott of Lowndes County for a consideration of one dollar, and that said deed be delivered to him; and for other purposes.
Referred to the Committee on Public Utilities.

HR 154. By Messrs. Greene of Crisp, Twitty of Mitchell, Wetherington of Echols, and others:
A resolution fixing official name and designation of "Georgia Veterans Memorial State Park"; and for other purposes.
Referred to the Committee on Conservation.

HB 908. By Mr. Gross of Stephens:
A bill to incorporate the City of Toccoa in Stephens County approved July 22, 1903, providing for the appointment of tax assessors; and for other purposes.
Referred to the Committee on Municipal Government.

HB 910. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved December 18, 1900, so as to change, enlarge and extend the corporate limits of the City of Douglas; and for other purposes.
Referred to the Committee on Municipal Government.

HB 911. By Messrs. Bargeron and Cates of Burke: A bill to amend an act incorporating the Town of Sardis in the County of Burke; and for other purposes.
Referred to the Committee on Municipal Government.
HB 913. By Messrs. Britton and Bledsoe of Whitfield: A bill to amend the charter of the City of Dalton by increasing the amount of pension from $50.00 to $100.00; and for other purposes.
Referred to the Committee on Municipal Government.

HB 914. By Mr. Aycock of Jenkins: A bill to amend an act to create the office of tax commissioner of Jenkins County; and for other purposes.
Referred to the Committee on Counties and County Matters.
BB 915. By Mr. Aultman of Houston:
A bill to amend an act to create a new charter for the City of Perry; and for other purposes. Referred to the Committee on Municipal Government.

MONDAY, JANUARY 30, 1950

1031

HB 916. By Messrs. Langdale and Mathis of Lowndes:
A bill relating to Lowndes County, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 863. By Mr. Smiley of Liberty:
A bill to authorize the commissioners of roads and revenues of the County of Liberty to use funds from any surplus funds in the treasury of said county in an amount not to exceed five thousand and twenty-five dollars for the purpose of obtaining, maintaining, keeping or establishing a soil conservation experiment station in the County of Liberty; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 871. By Mr. Kitchens of Twiggs: A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the County of Twiggs; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 877. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend the charter of the City of College Park, so as to amend the civil service and pension law; and for other purposes.
Referred to the Committee on Municipal Government.
HB 881. By Mr. Holloway of Schley: A bill to amend an act creating a new charter for the City of Ellaville; and for other purposes.
Referred to the Committee on Municipal Government.
HB 827. By Messrs. Langdale and Mathis of Lowndes: A bill to authorize the officers of any county of this state having a certain population, who have charge of records, to install and use photostatic equipment; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 829. By Mr. Baughman of Early:
A bill to amend the act establishing the City Court of Blakely, in Early County; and for other purposes.
Referred to the Committee on Counties and County Matters.

1032

JOURNAL OF THE SENATE,

HB 842. By Messrs. McCracken of Jefferson, Abney of Walker, Scoggins of Floyd, and others.
A bill to repeal Code section 24-2729 of the Code of Ga. of 1933, and to enact a new section in lieu thereof; and for other purposes.
Referred to the Committee on General Judiciary.

HB 850. By Messrs. Myers and Murr of Sumter:
A bill to amend an act entitled an act to amend, revise and consolidate the several acts granting corporate authority to the City of Americus; and for other purposes.
Referred to the Committee on Municipal Government.

HB 851. By Messrs. Myers and Murr of Sumter:
A bill to create a system of retirement for employees of the City of Americus ; and for other purposes.
Referred to the Committee on Municipal Government.

HB 852. By Mr. Mathews of Peach: A bill to be entitled an act to amend the charter of the City of Fort Valley; and for other purposes.
Referred to the Committee on Municipal Government.

HB 858. By Messrs. Leach of Rockdale, Best of Clay and Mathews of Peach:
A bill to amend section 26-5602 of the Code of Georgia of 1933, which section relates to the punishment where any person being married shall marry another person; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 859. By Mr. Watford of Long:
A bill to authorize and direct the authority having control of expenditures of the county funds in Long County, to pay to the ordinary of said Long County the sum of fifty dollars per month in addition to the fees now paid to said ordinary; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 860. By Messrs. Walton and Alverson of Fulton: A bill to amend an act establishing a charter for the City of Mountain Park; and for other purposes.
Referred to the Committee on Municipal Government.

HB 401. By Mr. Howard of DeKalb:
A bill to establish a probation system to be administered and controlled by the State Board of Pardons and Paroles as a part of the function and duties of said board; and for other purposes.
Referred to the Committee on Penal Institutions.

MONDAY, JANUARY 30, 1950

1033

HB 523. By Mr. Rowland of Johnson:
A bill to amend an act creating the City Court of Wrightsville; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 721. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill to amend an act approved August 3, 1927, entitled an act to reenact the charter of the City of Macon; and for other purposes.
Referred to the Committee on Municipal Government.

HB 740. By Mr. Risner of Hart:
A bill to amend an act of the Georgia Legislature of 1946, entitled "An act to create the office of commissioner of roads and bridges and a board of finance in and for Hart County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 781. By Mr. Davis of Bartow:
A bill to provide that no insurance company doing business in this state and issuing policies of insurance in this state covering either personal or real property shall be permitted to refuse or avoid payment upon losses under any such policies upon the ground that such property was subject to and bailment; and for other purposes.
Referred to the Committee on Insurance.

HB 784. By Mr. Stanton of Newton: A bill to set up state-wide control of foxes infected with rabies; and for other purposes.
Referred to Committee on State of Republic.

HB 798. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the board of education of any county having a city with a certain population to enter into contracts for group life, health or accident insurance; and for other purposes.
Referred to the Committee on Education.

HB 810. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend sub-paragraph 4 of paragraph 5 of section 24-2714 of the 1933 Code of Georgia which provides that clerks of superior courts shall keep in their offices an execution docket; and for other purposes.
Referred to the Committee on Counties .and County Matters.

HB 819. By Messrs. Griswell and White of Gwinnett: A bill to amend an act entitled "An act to create a new charter and municipal government for the City of Buford; and for other purposes.
Referred to the Committee on Municipal Government.

1034

JOURNAL OF THE SENATE,

HB 917. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 920. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved July 31, 1920, entitled an act to incorporate the Town of Alpharetta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 921. By Mr. Hartley of Crawford:
A bill to amend an act approved July 29 as contained and set forth in the acts of the General Assembly of Georgia, in 1919, page 636 to prescribe and limit to prescribe the compensation of the treasurer of Crawford County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 924. By Messrs. Covington, Scoggins and Moulton of Floyd:
A bill to amend an act entitled "an act to establish a city court in the County of Floyd" as amended, making the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this state, applicable to said city court; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 929. By Mr. Summerour of Dawson: A bill to amend an act "to create a board of commissioners of roads and revenue for the County of Dawson; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Purdom of the 46th 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 757. Do Pass.

Respectfully submitted, Purdom of 46th District, Chairman

MONDAY, JANUARY 30, 1950

1035

Mr. Smith of the 37th 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 123. Do Pass as Amended.

SB 218. Do Pass. HB 726. Do Pass.

Respectfully submitted,

Smith of 37th District, Chairman

Senator Rich of the 8th District, chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President: Your Committee on Highways and Public Roads 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 187. Do Pass as Amended. HB 792. Do Pass.
Respectfully submitted, Rich of 8th District, Chairman

Mr. McCoy of the 4th 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 has instructed me as chairman, to report the same back to the Senate with the following recommendations:
SB 216. Do Pass. SB 202. Do Pass. SB 194. Do Pass by Substitute.
Respectfully submitted, McCoy of 4th District, Chairman

1036

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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 185. SB 201. SB 203. SB 127. SB 146. SB 152. SB 153. SB 155. SB 163, SB 169. SB 173. SB 189. SB 196. SB 197. SB 204. SB 205. SB 206. SR 81. SR 68. SR 83.

Respectfully submitted, Housley of 32nd District, Chairman

Senator Housley of the 32nd 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 Governor :

SB 111.

SR 36.

SR 61.

Respectfully submitted, Housley of 32nd District, Chairman

MONDAY, JANUARY 30, 1950

1037

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

HB 757. By Messrs. Ray of Warren and Campbell of Oconee:
A bill to amend the General Appropriations Act of 1949 (Georgia Laws, 1949, pages 1506-1523) approved February 25, 1949, by providing in Section 1, Legislative Department, that members of the General Assembly shall be paid mileage at the rate of lOc per mile for travel to and from the capitol in connection with adjourned sessions of the General Assembly when at least ten days intervene between the adjourned and reconvened sessions; and for other purposes.

HB 792. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to authorize the State Highway Department to procure insurance for public liability and property damage coverage on motor vehicles owned, operated or used by said department; and for other purposes.

HB 726. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act entitled "an act to create a Department of Public Safety for Georgia; and for other purposes.

SB 202. By Senator Foster of the 40th:
A bill to amend an act relating to prescribing, administering and dispensing of narcotics by a physician, dentist, osteopath, veterinarian, etc.; and for other purposes.

SB 216. By Senators Rich of the 8th and Foster of the 40th:
A bill to make it unlawful for any person to falsely claim to be an officer, agent, employee or in any way to represent the State Board of Health, or of any county or city health board; and for other purposes.

SB 218. By Senators Smith of the 37th and Purdom of the 46th:
A bill to authorize the justices of the supreme court to employ seven law assistants; to provide their duties; and to fix their salaries at $5,000 each; and for other purposes.

SB 123. By Senator Ayers of the 13th:
A bill to provide for the printing and distribution of names and addresses of public accountants; to specify classification of accountants; to provide for introduction of expert evidence by accountants; and for other purposes.

SB 194. By Senator McCoy of the 4th:
A bill to amend Code Sections 84-1011, 84-1012, and 84-1016 of the Code of Georgia 1933 by repealing the same and substituting new sections providing for the qualifications of a practical nurse, examinations, licenses without examinations; and for other purposes.

1038

JOURNAL OF THE SENATE,

SB 187. By Senator Harrison of the 17th and Florence of the 39th :
A bill to repeal an act approved March 17, 1943, creating a State Highway Commission and to create a new commission composed of five members to be appointed by the Governor for a staggered term of office; 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 211. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah by providing that only persons residing within the corporate limits of the City of Savannah who have registered as qualified voters since February 25, 1949 shall be eligible to vote at the next election of 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 212. By Senator Grayson of the 1st:
A bill to provide a new registration of qualified voters of Chatham County by providing that only persons who have qualified as registered voters since February 25, 1949, shall be qualified to vote for members of the General Assembly at the next primary and general election; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 213. By Senator Grayson of the 1st: A bill to amend the pension system for the City of Savannah by providing pensions to employees who are heads of departments of said City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 118. By Messrs. Cohen, Coleman and Bell of Richmond: A bill to amend "an act to promote efficiency of the Fire Department of the City of Augusta; and for other purposes.

MONDAY, JANUARY 30, 1950

1039

The report 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 848. By Mr. Smiley of Liberty:
A bill to provide for the compensation of the chairman and the members of the board of education in all counties of this state having a population of not less than 8,590 and not more than 8,600; and for other purposes.
The report 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 861. By Mr. Witherington of Wilcox:
A bill to abolish the office of county treasurer of Wilcox County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SR 33. By Senator Pilcher of the 19th:
A resolution to amend Article 5 of the Constitution to create a State Highway Board of three men to be elected by the General Assembly; and for other purposes.
Senator Pilcher of the 19th moved that SR 33 be tabled and the motion prevailed.
HB 840. By Messrs. McCracken of Jefferson, Pannell of Murray, Gowen of Glynn, Abney of Walker, Scoggin of Floyd and others:
A bill to repeal the act which reads "for entering such execution as aforesaid upon the general execution docket the clerk shall be entitled to a fee of 10 cents, to be taxed in the bill of costs, and also a fee of 10 cents for entering on the filing docket each deed or mortgage or other lien"; and for other purposes.
The report 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.

1040

JOURNAL OF THE SENATE,

SB 199. Senator Dykes of the 14th:
A bill declaring by law that federal rent control is no longer necessary in the State of Georgia or any part thereof; and for other purposes.
Senator Cochran of the 7th moved that SB 199 be indefinitely postponed.
On the motion to indefinitely postpone, Senator Dykes of the 14th 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:

Ansley

Grayson

Ayers

Harris

Blalock

Land, 24th

Cochran

Layton

Daniel

McCoy

Foster

Newton

Gary

Pilcher

Pittman Purdom Rackley Roddenberry Sims Stark Wright

Those voting in the negative were Senators:

Boyett

Gholston

Bryant

Higginbotham

Davis

Jones

Dykes

LeCraw

Eve

Lunsford

Garrett

Mason

The roll call was verified.

Overby Rowland Staten Tarver Turner Ursrey

On the motion to indefinitely postpone, the ayes were 21, nays 18, and the motion prevailed.

HR 35. By Messrs. Twitty of Mitchell, Durden and Davis of Dougherty and Gowen of Glynn:
A resolution to provide subsistence for judges of the Supreme Court and Court of Appeals; and for other purposes.
Senator LeCraw of the 52nd moved that HR 35 be postponed until January 31.
On the motion to postpone, the ayes were 24, nays 9, and the motion prevailed.

MONDAY, JANUARY 30, 1950

1041

SB 198. Senators Overby of the 33rd and Dykes of the 14th:
A bill to extend the provisions of the Merit System Act to include the employees of the office of the State Supervisor of Purchases; and for other purposes.

Senator Overby of the 33rd offered the following amendment:
Amend SB 198 by striking the last sentence of Section 4 and adding a new section to be numbered Section 6 and to read as follows :
"All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.

SR 71. By Senator Land of the 24th:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of this State by striking therefrom Paragraph XV of Section VII of Article III in its entirety, and inserting in lieu thereof a new paragraph providing for notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; to provide for method of changing term of office or abolishing an office during the term for which a person has been elected; and to provide for the method of increasing the membership of any municipal or county governing authority; and for other purposes.
Be it resolved by the General Assembly of Georgia:
SECTION I
Upon the approval of this resolution in the manner hereinafter provided, that Paragraph XV of Section VII of Article III be and the same is hereby repealed by striking in its entirety all of said Paragraph XV of Section VII of Article III, which reads as follows:
"Paragraph XV. Notice of intention to ask local legislation necessary.
No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. 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

1042

JOURNAL OF THE SENATE,
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 governing 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", and that in lieu thereof a new paragraph be substituted, to be known as Paragraph XV of the Section VII of Article III of the Constitution of the State of Georgia, and which shall read as follows:
"Paragraph XV. Notice of intention to ask local legislation necessary.
No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. 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 governing 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 receiving the highest number of votes cast by the qualified voters of the political subdivision affected voting in an election called for that purpose."

SECTION II
Be it resolved by the General Assembly of Georgia that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next general election in 1950, as provided by law. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and returns thereof made to the Governor, then he shall declare said amendment adopted, and make a proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution proposing an amendment to the constitution, a roll call was ordered and the vote was as follows :

MONDAY, JANUARY 30, 1950

1043

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Florence Foster Garrett Gary Grayson

Higginbotham Housley Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Peterson Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Sims Smith Stark Staten Swint Ursrey Wright Zellner

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

1044

JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia Tuesday, January 31, 1950

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the president.
Scripture reading and prayer was offered by the chaplain, Dr. A. I. Zeller, pastor of the First Christian Church, Bainbridge, Georgia.

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

Ayers Blalock Boyett Bryant Clary Coleman Daniel Davis Dykes Eve Foster Garrett Gary Gholston Grayson

Harris Harrison Higginbotham Jones Land, 51st Layton LeCraw Lunsford Mason McCoy Newton Overby Pilcher Pittman Purdom

Rackley Rich Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions. 7. The right granted to the president to call up any bill on the calendar in
the order that he may desire.
The consent was granted.

TUESDAY, JANUARY 31, 1950

1045

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 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners"; to provide for the qualifications of the members of said board; and for other purposes.

HB 723. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of VVarren and others:
A bill to create a "Department of Institutions" to name the institutions under its control; and for other purposes.

HB 745. By Messrs. Salter and Freeman of Upson:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission; and for other purposes.

HB 760. By Mr. Alverson of Fulton:
A bill to allow any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia; and for other purposes.

HB 824. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend an act approved March 9, 1945, entitled "An act to provide for the creation of the office of Judge of the Superior Court, Emeritus; and for other purposes.
HB 845. By Mr. Gross of Stephens.
A bill to amend an act to provide for more efficient administration of the public welfare laws of this state; and for other purposes.
HB 874. By Messrs. Reed of Cobb, Myers of Sumter, Davis of Bartow and others:
A bill to amend Section 30-101 of the Code of Georgia of 1933 relating to granting of divorces and date of final judgment thereof by making verdict or judgment final upon day the same is granted; and for other purposes.
HB 898. By Messrs. Stevens of Marion, Collier of Oglethorpe and others:
A bill governing the size or weight content of fertilizer bags or containers and prescribe the methods evidence tax payment on fertilizer; and for other purposes.

1046

JOURNAL OF THE SENATE,

HB 933. By Messrs. McMillian of Washington, Ray of Warren, Lewis of Hancock and others:
A bill to amend Chapter 95-19 of the Code of Georgia of 1933, known as the Grade Crossing Elimination Act; and for other purposes.

The House has agreed to Senate amendment to the following bill of the House, to wit:
HB 359. By Mr. Miller of Bibb:
A bill to further provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks and bonds which are either limited or admitted to unlisted trading privileges upon a stock exchange; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees :
SB 223. By Senator Grayson of the 1st:
A bill to amend an act approved February 22nd, 1933 creating the board of public education for the City of Savannah and County of Chatham, so as to fix the time of the election of the chairman of the board; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 224. By Senator Eve of the 18th :
A bill to amend Code Section 30-112 to provide that title to real property shall not be affected by the filing of suit for divorce, unless a notice of lis pendens has been filed with the clerk of court in the county where the real property is situated, and for other purposes.
Referred to the.Committee on General Judiciary.
SB 225. By Senator Smith of the 37th:
A bill to amend Code Section 84-1401 dealing with counties in which it is necessary to obtain license to engage in the real estate business by changing the population figure to 25,000; and to amend Code Section 84~1409 by granting the commission discretionary power to grant temporary brokers licenses ; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 226. By Senator Turner of the 34th:
A bill relating to insurers not authorized to transact business in this state providing for actions in this state against and for the service of process upon such insurers; prescribing how a defense may be made by such insurers; and providing for the allowance of attorneys' fees in actions against such insurers; and for other purposes.
Referred to the Committee on Insurance.

TUESDAY, JANUARY 31, 1950

1047

SB 227. By Mr. Blalock of the 36th:

A bill to create a division of the office of Secretary of State to be known as the Georgia State Museum; to provide qualifications for said director; and for other purposes.

Referred to the Committee on State of the Republic.

SB 228; By Senator Clary of the 29th:
A bill to amend an act entitled "An act to create and establish a new charter for the Town of Harlem, to declare the rights, powers and privileges of said corporation, so as to provide biennial registration of voters for elections; and for other purposes.
Referred to the Committee o~ Municipal Government.

SR 88. By Senator Eve of the 18th:
A resolution providing that the State of Georgia reimburse Henry Mack in the sum of $136.25 for damage done his car on or about March 3, 1948; and for other purposes.
Referred to the Committee on Appropriations.

SB 229. By Senators Daniel of the 49th and Mason of the 28th.
A bill revising the adoption laws of this state so as to provide that when a child has been placed in a church orphanage of this state, the governing authorities thereof shall make the investigation and report of adoption in lieu of the State Department of Public Welfare; and for other purposes.
Referred to the Committee on Public Health.

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board. to be known as the Georgia Board of Naturopathic Examiners"; to provide for the qualifications of the members of said board; and for other purposes.
Referred to the Committee on Public Health.

HB 723. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to create a "Department of Institutions" to name the institutions under its control; and for other purposes.
Referred to the Committee on State of the Republic.

1048

JOURNAL OF THE SENATE,

HB 745. By Messrs. Salter and Freeman of Upson:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission; and for other purposes.
Referred to the Committee on Public Utilities.

HB 760. By Mr. Alverson of Fulton:
A bill to allow any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia; and for other purposes;
Referred to the Committee on Game and Fish.

HB 824. By Messrs. Twitty of Mitchell anl:i Smith of Emanuel:
A bill to amend an act approved March 9, 1945, entitled "An act to provide for the creation of the office of Judge of the Superior Court, Emeritus; and for other purposes.
Referred to the Committee on General Judiciary.

HB 845. By Mr. Gross of Stephens:
A bill to amend an act to provide for more efficient administration of the public welfare laws of this state; and for other purposes.
Referred to the Committee on Public Welfare.

HB 874. By Messrs. Reed of Cobb, Myers of Sumter, Davis of Bartow and others:
A bill to amend Section 30-101 of the Code of Georgia of 1933 relating to granting of divorces and date of final judgment thereof by making verdict or judgment final upon day the same is granted; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 898. By Messrs. Stevens of Marion, Collier of Oglethorpe and others: A bill governing the size or weight content of fertilizer bags or containers and prescribe the methods evidence tax payment on fertilizer; and for other purposes.
Referred to the Committee on Agriculture.
HB 933. By Messrs. McMillian of Washington, Ray of Warren, Lewis of Hancock and others:
A bill to amend Chapter 95-19 of the Code of Georgia of 1933, known as the Grade Crossing Elimination Act; and for other purposes: Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 31, 1950

1049

Senator Housley of the 32nd 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 biils 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 198. SB 211. SB 212.
SB 213. SR 71. SR 66.
Respectfully submitted, Housley of 32nd District, Chairman

The following local resolutions were read the third time and put upon their passage:
SR 53. By Senator Grayson of the 1st:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VII of Section VII of the Constitution of the State of Georgia by adding a new paragraph thereto, so as to authorize the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor, in said county, upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham with the assent of a majority of the qualified voters of said county voting in an election or elections for that purpose, the said bonded debts to be incurred hereunder not to exceed in the aggregate seven per cent of the assessed value of all taxable property therein, which maximum amount shall be in addition to the maximum amount of debts allowed to be issued by the county under the provisions of Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia or which may have been heretofore issued by the County of Chatham and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in ascertaining the maximum of bonds which may be issued hereunder.
Section I. Be it resolved by the General Assembly of Georgia that Article VII, Section VII of the Constitution of the State of Georgia be amended so as to add to said section a new paragraph as follows:
"Paragraph --. The County of Chatham may, upon the recommendation of the Board of Public Education of the City of Savannah and

1050

JOURNAL OF THE SENATE,
the County of Chatham, incur bonded debts for building and equipping school houses and appurtenances thereto and for purchasing sites therefor in said county in amounts not exceeding in the aggregate seven per centum of the assessed value of all the taxable property therein, with the assent of a majority of the qualified voters of the county, voting in an election or elections for that purpose, to be held as hereinafter set forth. The amount of the bonded debts which may be incurred hereunder for the purposes aforesaid shall be in addition to the amounts of debt which may be incurred by the county under the provisions of Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia, which have heretofore been incurred by the County of Chatham and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in figuring the maximum of bonds, which may be issued hereunder. The said elections required hereunder shall be called and held in the manner prescribed by Chapter 87-2 of the Code of Georgia of 1933 and the amendments thereof, and the bonds shall be validated in the manner provided by Chapter 87-3 of the Code of Georgia of 1933 and the amendments thereof.
The county shall at or before the time of incurring said bonded debts provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest thereof within thirty years from the date of the incurring said bonded debt, which bonded debts shall be in addition to the amounts of debts which may be incurred under Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia, or which have heretofore been incurred by the County of Chatham; and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in ascertaining the maximum amount of bonds which may be issued hereunder."
Section II. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 'ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, "For ratification of amendment to Article VII, Section VII of the Constitution of Georgia, authorizing the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor in Chatham County, Georgia," and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, "Against ratification of amendment to Article VII, Section VII of the Constitution of Georgia, authorizing the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor in Chatham County, Georgia."
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 Chatham County, shall vote for ratification thereof, when the returns shall be consolidated as required

TUESDAY, JANUARY 31, 1950

1051

by law in elections for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII of the Constitution of the State of Georgia, and the Governor shall issue 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:

Blalock Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson Harris Harrison

Higginbotham Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Pilcher Pittman Purdom Rackley

Rich Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

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

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

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

SR 57. By Senator Grayson of the 1st:
A RESOLUTION
A resolution proposing to the qualified voters an amendment to Paragraph 3, Section 1, Article 7, fo the Constitution of Georgia of 1945 creating industrial areas adjacent to the City of Savannah, in the County of Chatham, fixing the boundaries of said industrial areas, providing for the policing of said areas, providing city services to be furnished said areas, providing for the levying of taxes in a manner different from the levying of taxes on other classes of property, limiting the amount of taxes that may be levied in said industrial areas, and providing for the submission of this amendment for ratification or rejection by the people; and for other purposes.
WHEREAS, in order to sustain a natural growth and in order to encourage the progress of Savannah and Chatham County and to increase

1052

JOURNAL OF THE SENATE,
the prosperity of its people, it is necessary to encourage the location of industry adjacent to the City of Savannah and Chatham County,
THEREFORE, it is deemed wise and expedient to create industrial areas suitable for the location of industry adjacent to the City of Savannah along the Savannah River and to provide for the furnishing of certain services.
BE IT RESOLVED by the General Assembly of the State of Georgia that:
SECTION I. That Article 7, Section 1, Paragraph 3 of the Constitution of the State of Georgia be and the same is hereby amended by adding to the end thereof the following paragraph to be known as Paragraph 3A, Section 1, Article 7, of the Constitution of the State of Georgia of 1945.
"Paragraph 3A. There is hereby created along the Savannah River, both east and west of the present limits of the City of Savannah, areas to be known as industrial areas; said industrial areas shall include all the land and improvements located within the following boundaries:
INDUSTRIAL AREA NO. 1. Beginning at the city limits of Savannah on the west and including all of the property within the following boundaries: Bounded on the east by the present city limits of Savannah; on the north by the Savannah River and the present city limits of Savannah; on the west by Brampton Road; and on the south by Highway No. 17, commonly known as the Port Wentworth Road.
INDUSTRIAL AREA NO. 2. Including all of the lands within the following boundaries: Bounded on the east by the present city limits of the City of Savannah; on the north by the Savannah River; on the east by St. Augustine Creek, also known as extension of Wilmington River to the Savannah River, and on the south by the southern boundary of the right-of-way of the Central of Georgia Railway property, formerly known as the Tybee Division; and on the west by the present eastern limits of the City of Savannah; except, the following:
All that tract or parcel of land lying and being in the 5th G. M. District of Chatham County, Georgia, east of the City of Savannah and known as the southern portion of the Terry-Brittain Tract and being more particularly described as follows: Beginning at the point of intersection of the northern line of President Street Extension with the eastern line of the Shipyard Road, said point of beginning being forty-five and twelve hundredths (45.12) feet easterly, as measured along the northern side of President Street Extension from the eastern line of property of the Atlantic Coast Line Railroad, and from said point of beginning running thence in a northerly direction along the eastern line of said Shipyard Road a distance of six hundred thirty (630) feet to a concrete monument on the eastern line of said road; running thence in an easterly direction along a line forming an interior angle of 109 degrees 19 minutes 38 seconds with the preceding line a distance of twelve hundred twenty-six and thirty-one hundredths (1226.31) feet to a concrete monument on the eastern line of said Terry-Brittain Tract; running thence in a southerly direction along the eastern line of said Terry-Brittain Tract, said line forming an interior angle of 65 degrees 25 minutes 22 seconds with the preceding line, a distance of nine hundred sixty-three and fifty hundredths (963.50) feet to the north line of President Street; thence in a westerly

TUESDAY, JANUARY 31, 1950

1053

direction along the north line of President Street ten hundred seventy-one and seventy-seven hundredths (1071.77) feet to the point of beginning; said tract containing 21.02 acres, more or less.
INDUSTRIAL AREA NO. 3. Including all the land known as Hutchinson Island to the low water mark of said island lying and being between the Savannah River and what is commonly known as Back River, said tax not to be applicable to said area until services are able to be furnished by said city. Wherever the language "present city limits" is used hereinbefore in describing the said boundaries, said language shall be taken and accepted to mean the present city limits as they existed January 1, 1950.
BE IT FURTHER RESOLVED by the authority aforesaid that said industrial areas as above described, which are not included within the corporate limits of Savannah and shall not hereafter be included within the limits of the City of Savannah except by process of constitutional amendment, shall, nevertheless, be subject to taxation by the mayor and aldermen of the City of Savannah in a different manner from which other land and improvements are taxed and in a different amount. The mayor and aldermen of the City of Savannah are hereby authorized and empowered to levy taxes as against land and improvements located within said areas; the levying of taxes shall be limited to five (5) mills on the dollar and the assessment of said property shall be the same assessment as is made by the County of Chatham on the tax returns of the property and improvements located within said area.
., (a) BE IT FURTHER RESOLVED that in consideration of the said taxes to be paid within said industrial areas that it is mandatory that the mayor and aldermen of the City of Savannah furnish the following city services, to wit: water service at prevailing industrial rates and services of the fire department. The mayor and aldermen are hereby expressly prohibited from exercising regulatory licensing or any other municipal or other governmental function or police jurisdiction over said areas and the police jurisdiction over said areas shall be retained as now in effect under the jurisdiction of the Chatham County police.
SECTION II. BE IT FURTHER RESOLVED by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 'ayes' 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 newspaper at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, "For ratification of amendment to Article 7, Section 1, Paragraph 3 of the Constitution of Georgia, authorizing the creation of industrial areas adjacent to the City of Savannah in Chatham County", and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, "Against ratification of amendment to Article 7, Section 1, Paragraph 3, of the Constitution of Georgia, authorizing the creation of industrial areas adjacent to the City of Savannah in Chatham County."

1054

JOURNAL OF THE SENATE,

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 Chatham 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 1, Paragraph 3, of the Constitution of the State of Georgia, and the Governor shall issue 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:

Blalock Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson Harris

Harrison Higginbotham Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Pilcher Purdom

Rackley Rich Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

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

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

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

SR 55. By Senator Grayson of the 1st:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section XII, of the Constitution of the State of Georgia, by adding a new paragraph thereto, so as to require the Commissioners of Chatham County and Ex-officio Judges thereof, to levy taxes for educational purposes on all the taxable property in said county, in addition to the maximum tax for the support and maintenance of

TUESDAY, JANUARY 31, 1950

1055

education allowed by Article VIII, Section XII, Paragraph I, of said Constitution, upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham; provided such taxes are authorized by the voters of Chatham County.

SECTION I. BE IT RESOLVED by the General Assembly of Georgia that Article VIII, Section XII, of the Constitution of the State of Georgia be amended so as to add to said Section a new paragraph as follows:

"Paragraph --. Authority to levy taxes in Chatham County for educational purposes. The Commissioners of Chatham County and ExOfficio Judges thereof, are hereby required to levy taxes on all the taxable property in said county for educational purposes (including the support and maintenance of the public schools of said county, the building of school houses and appurtenant facilities and equipping the same, and acquiring the land therefor), in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII, Paragraph I of said Constitution, upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham to said commissioners, provided said taxes are authorized by the voters of Chatham County at an election or elections called for such purposes and held in the manner and certified as to the result as hereinafter set forth.

Whenever said Board of Public Education shall recommend to said commissioners the levy of an additional tax or taxes hereunder, and shall specify in such recommendation the purpose or purposes for which the tax is proposed to be levied and the rate of tax, and send a copy of such recommendation to the ordinary, it shall be the duty of the ordinary to call an election as recommended by said Board of Public Education, not earlier than twenty (20) days nor later than sixty (60) days after said recommendation to said commissioners.

The ordinary shall publish the call for said election in the newspaper in Chatham County in which sheriffs' advertisements are published, three times before the date on which said election is to be held. Said elections shall be held as ordinary county elections are held, and the electors in said election shall be those regularly qualified to vote in state and county elections. A majority of those voting shall be necessary to carry said election in favor of the proposed tax. Those favoring the levy of the proposed tax shall vote "For the proposed tax" and those opposed shall vote "Against the proposed tax". The county shall pay the expenses of said election and shall be reimbursed the said expenses, as hereinafter set forth, if the election is carried in favor of the proposed tax.

The returns of said election shall be made to the ordinary of the county, who shall declare the result and certify it to the Commissioners of Chatham County and Ex-Officio Judges thereof, and if the certificate of the ordinary shows that the election was carried in favor of the proposed tax, the said commissioners shall then levy the tax and the county tax collector shall collect the taxes so levied and pay the proceeds of the same over to the said Board of Public Education, less the expenses of holding the said election, which expenses shall be reimbursed the county out of said tax.

1056

JOURNAL OF THE SENATE,
The powers hereby conferred on the Commissioners of Chatham County and Ex-Officio Judges, on the Board of Public Education for the City of Savannah and the County of Chafham, and on the Ordinary of Chatham County, shall inure to whatever other bodies and persons shall succeed to their functions, respectively, in connection with these matters.
The powers hereby granted shall exist notwithstanding other provisions of the Constitution or the general and special laws of this state.
The powers hereby conferred shall not be exhausted by one election, but additional elections for additional taxes may be thereafter held and the taxes authorized by said election shall be levied annually, or so much thereof as may be recommended by the said Board of Public Education to the said Commissioners of Chatham County.
SECTION II. BE IT FURTHER RESOLVED by the Authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 'ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, "For ratification of amendment to Article VIII, Section XII of the Constitution of the State of Georgia, requiring the Commissioners of Chatham County and Ex-Officio Judges thereof to levy a tax for educational purposes on all taxable property in said county in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII of the Constitution" and all persons opposed to the adoption of said amendment shall have written or printed on said ballot the words "Against ratification of amendment to Article VIII, Section XII of the Constitution of the State of Georgia, requiring the Commissioners of Chatham County and Ex-Officio Judges thereof to levy a tax for educational purposes on all taxable property in said county in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII of the Constitution."
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 Chatham 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 VIII, Section XII of the Constitution of the State of Georgia, and the Governor shall issue 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 :

TUESDAY, JANUARY 31, 1950

1057

Those voting in the affirmative were Senators:

Blalock Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson Harris Harrison

Higginbotham Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Peterson Pilcher Purdom Rackley

Rich Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

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

On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was passed.

SR 59. By Senator Grayson of the 1st:
A RESOLUTION
A resolution proposing to the qualified voters an amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia of 1945 creating in the City of Savannah, Georgia, the Park and Tree Commission of Savannah, the Industrial and Domestic Water Supply Commission of Savannah, the Savannah Airport Commission, and the Armstrong College Commission of Savannah, and as constitutional commissions providing for the use of funds received by said commissions, providing for the hiring and firing of employees and the fixing of compensation of employees and reaffirming in all other respects the several acts of the Legislature amending the charter of the mayor and aldermen of the City of Savannah not in conflict with the provisions of this amendment, and expressly conferring upon them the exclusive right to manage the properties and improvements and the operation of the same placed under their jurisdiction by the several acts of the General Assembly amending the charter of the mayor and aldermen. of the City of Savannah.
BE IT RESOLVED by the General Assembly of the State of Georgia:
SECTION 1. That Paragraph 1, Section 6, Article 5 of the Constitution of the State of Georgia be and the same is hereby amended by adding to the end of said paragraph the following paragraph to be known as Paragraph 1A, Section 6, Article 5 of the Constitution of the State of Georgia.
"Paragraph 1A. There is hereby created for the City of Savannah the Park and Tree Commission of Savannah, the Industrial and Domestic

1058

JOURNAL OF THE SENATE,
Water Supply of Savannah, Armstrong College Commission of Savannah, and the Savannah Airport Commission, as constitutional commissions with all the rights, powers and duties heretofore delegated to the respective commissions by the several acts amending the charter of the mayor and aldermen of the City of Savannah, creating and establishing said commissions and all the acts supplementary thereof and amendatory thereto.
BE IT FURTHER RESOLVED by the authority aforesaid that said commissions shall have exclusive custody and disposition of all funds collected by them or contributed to them by the mayor and aldermen of the City of Savannah, and said funds shall be used only for the purposes as set forth in the original acts and the amendments thereto creating and establishing such commissions.
BE IT FURTHER RESOLVED that said commissions are authorized and empowered to hire and discharge all employees necessary to fulfill the duties of said commission and to fix their salaries and/or compensation.
BE IT FURTHER RESOLVED that it shall be the duty of the mayor and aldermen of the City of Savannah to continue to support financially by annual appropriation to be provided for in the annual budget in an amount not less than the amount necessary to carry on the required function of said commissions.
BE IT FURTHER RESOLVED that said commissions shall have exclusive control, custody, and direction of all land, properties and improvements vested in them by the several acts of the General Assembly and shall have exclusive direction over the operation of the same.
BE IT FURTHER RESOLVED that the personnel of said commissions shall continue as presently constituted subject to change as now provided or as may hereafter be provided by the several acts creating and establishing the same and amendatory thereto.
SECTION II. BE IT FURTHER RESOLVED by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the 'ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, "For ratification of amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia creating the Park and Tree Commission of Savannah, Industrial and Domestic Water Supply Commission of Savannah, the Armstrong College Commission of Savannah, and Savannah Airport Commission"; and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, "Against ratification of amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia creating the Park and Tree Commission of Savannah, the Industrial and Domestic Water Supply Commission of Savannah, the Armstrong College Commission of Savannah, and Savannah Airport Commission."

TUESDAY, JANUARY 31, 1950

1059

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 the City of Savannah, 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 Paragraph 1, Section 6, Article 5 of the Constitution of the State of Georgia, and the Governor shall issue 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:

Blalock Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Gholston Grayson Harris

Harrison Higginbotham Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Pilcher Purdom

Rackley Rich Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

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

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

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

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
HB 727. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act to provide for nominations by political parties in this state of candidates for United States Senator, Governor, State House officers, Justices of the Supreme Court and Judges of the Court of Appeals; and for other purposes.
Senator Land of the 24th moved that HB 727 be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 19, nays 24 and the motion was lost.

1060

JOURNAL OF THE SENATE,

Senator Overby of the 33rd moved that HB 727 be postponed until tomorrow morning.
On the motion to postpone, Senator Overby of the 33rd 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:

Ansley Ayers Blalock Boyett Cochran Florence Garrett Grayson Harris

Housley Jones Land, 51st Land 24th Layton LeCraw Lunsford McCoy Overby

Pilcher Rich Rowland Saunders Smith Staten Wright Zellner

Those voting in the negative were Senators:

Brooks Bryant Clary Daniel Davis Dykes Eve Foster

Gary Gholston Harrison Higginbotham Mason Newton Peterson Pittman

Purdom Rackley Sims Stark Swint Tarver Ursrey Williams

The roll call was verified.

On the motion to postpone, the ayes were 26, nays 24 and the motion prevailed.

HR 35. By Messrs. Twitty of Mitchell, Davis and Durden of Dougherty and Gowen of Glynn:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, Paragraph 1, of the Constitution of Georgia, to provide that the Justices of the Supreme Court and the Judges of the Court of Appeals shall each have a salary of $12,000.00 per annum, and the Judges of the Superior Courts shall each have a salary of $9,000.00 per annum.
Be it resolved by the General Assembly of Georgia:
SECTION 1. That Article VI, Section 12, Paragraph 1, of the Constitution of Georgia be amended by striking from said paragraph the words: "The Justices of the Supreme Court each shall have out of the treasury of the state salaries of $8,000.00 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State, salaries

TUESDAY, JANUARY 31, 1950

1061

of $8,000.00 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000.00 per annum," and substituting in lieu thereof the following:
"The Justices of the Supreme Court each shall have out of the treasury of the state salaries of $12,000.00 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the state salaries of $12,000.00 per annum, the Judges of the Superior Courts each shall have out of the treasury of the state salaries of $9,000.00 per annum."
SECTION 2. 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 congressional district of this state, 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 ballot the words: "For ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing for an increase in salaries paid out of the State Treasury to Justices of the Supreme Court and Judges of the Court of Appeals and the Superior Courts"; and all persons opposing the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing for an increase in salaries paid out of the state treasury to Justices of the Supreme Court, and Judges of the Court of Appeals and the Superior Courts." 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 election 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 3. Be it further resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed.

Senator Pittman of the 42nd offered the following amendment:
Amend House Resolution 35 by striking the figures $9,000 wherever same appear and inserting in lieu thereof the figure $8,000.
The amendment was adopted.

Senator Pittman of the 42nd offered the following amendment:
Amend HR 35 by adding at the end of Section 2 the following: "Provided further that the said increases shall not become effective until January 1st, 1951.
The amendment was adopted.

1062

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd offered the following amendment:
Amend HR 35-190B by adding at the end of Paragraph 2 of Section 1 thereof, following the words, "per annum," the following:
"Provided however, that no Superior Court Judge of this state shall receive a total salary of more than twelve thousand ($12,000.00) dollars per annum, including any county supplement."
And that the caption be amended accordingly to read as follows:
"Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, Paragraph 1, of the Constitution of Georgia, to provide that the Justices of the Supreme Court and the Judges of the Court of Appeals shall each have a salary of $12,000.00 per annum, and the Judges of the Superior Courts shall each have a salary of $8,000.00 per annum, provided however, that no Superior Court Judge of this state shall receive a total salary of more than $12,000.00 per annum, including any county supplement."

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Dykes Eve Florence Foster

Garrett Grayson Housley Jones Land, 51st Land 24th Layton LeCraw Lunsford Mason Overby Peterson Pilcher Pittman

Purdom Rackley Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

Senator Gholston voted in the negative.
By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 41, nays 1. The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.

HB 273. By Mr. Gross of Stephens:
A bill to provide revenue and source of revenue for the purpose of paying annuities and benefits of peace officers of the state; and for other purposes.

TUESDAY, JANUARY 31, 1950

1063

Senator Cochran of the 7th offered the following amendment:
Amend HB 273, Section 3 by adding to the second sentence at the end of the word "Board" in the fourth line the following words: "not to exceed $4800 (forty-eight hundred) dollars annually."
The amendment was adopted.

Senators Cochran of the 7th and Brooks of the 50th offered the following amendment:
Amend HB 273, Section 8, by striking after the word "Act" in line 2, page 3, of said section the following words in their entirety: "and who are members in good standing in the Peace Officers' Association of Georgia."
The amendment was adopted.

Senator Cochran of the 7th offered the following amendment :
Amend HB 273, Section 9, by striking the word "member" in the second sentence of said section, on line 7 and inserting in lieu thereof the words "peace officer."
The amendment was adopted.

Senator Cochran of the 7th offered the following amendment:
Amend Section 10 of HB 273 by striking the word "imposed" in the first sentence of said section and inserting in lieu thereof the word "collected."
The amendment was adopted.

Senator Cochran of the 7th offered the following amendment:
Amend Section 11 of HB 273 by striking the figures "55" wherever they appear in said section and inserting in lieu thereof the figures "60."
The amendment was adopted.

Senator Cochran of the 7th offered the following amendment:
Amend Section 11 of HB 273 by striking the word "member" in the fourth line of said section and inserting in lieu thereof the words "Peace Officer."
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 39, nays 0.

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

Senator Cochran of the 7th asked unanimous consent that HB 273 be immediately transmitted to the House, and the consent was granted.

1064

JOURNAL OF THE SENATE,

HB 361. By Messrs. Rowland of Johnson, Willingham of Cobb, Bennett of Barrow, and Walton of Fulton:
A bill to fix and prescribe the compensation of the chairman of and the members of the State Board of Workmen'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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 191. By Senator Foster of the 40th and Overby of the 33rd:
A bill to provide a state board of examiners of tile contractors; to provide for appointments of members, terms of office; duties, hours and compensation; to provide fees for such license; and for other purposes.
Senator Overby of the 33rd moved that SB 191 be postponed until February 1, and the motion prevailed.

SB 216. By Senators Rich of the 8th and Foster of the 40th:
A bill to make it unlawful for any person to falsely claim to be an officer, agent, employee or in any way to represent the State Board of Health, or any county of city 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 161. By Senator Harrison of the 17th:
A bill to provide for penalties for violation of rules and regulations made by the State Board of Health; 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 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SR 52. By Senator Grayson of the 1st:
A resolution to appropriate money to reimburse Nathan and Gertrude Tennenbaum for damages to property and person, caused by State Highway Department truck; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:
Amend SR 52 so as to strike the $2,500 from the resolution reducing the amount to $1,455.63.
The amendment was adopted.

TUESDAY, JANUARY 31, 1950

1065

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Ayers Boyett Bryant Cochran Coleman Daniel Davis Eve Florence Foster Garrett Gary

Grayson Harrison Higginbotham Housley Jones Land, 51st Land 24th LeCraw Lunsford Mason Newton Peterson Pilcher

Pittman Purdom Rackley Rich Sims Smith Stark Swint Tarver Turner Wright Zellner

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

On the adoption of the resolution, the ayes were 38, nays 0.

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

SR 66. By Senator Turner of the 34th:
A resolution to authorize the Governor to sell a certain tract of land in DeKalb County known as the DeKalb County Game Farm; 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.

SR 58. By Senator Pilcher of the 19th:
A RESOLUTION
To be entitled a resolution to propose to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph II of the Constitution of Georgia, so as to eliminate the provision thereof permitting the General Assembly to levy ad valorem taxes on property for State purposes during any one year at a rate not to exceed five (5) mills on each dollar, and to substitute therefor a provision prohibiting the General Assembly from levying any ad valorem taxes whatsoever for State purposes, after January 1, 1951, with certain exceptions; to provide for publication of such proposed amendment in accordance with law; to provide for the

1066

JOURNAL OF THE SENATE,

submission of the amendment for ratification by the people; and for other purposes.
Be it resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same:
Section 1. Upon the approval of this resolution in the manner hereinafter provided, that Article VII, Section I, Paragraph II, of the Constitution of the State of Georgia be, and the same is hereby amended, such amendment to become effective January 1, 1951, by striking therefrom subparagraph "3", which now reads:
"3. The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed five (5) mills on each dollar of the value of the property taxable in the State."
and by substituting in lieu thereof a new subparagraph "3" to read as follows:
"3. The General Assembly shall not levy, after January 1, 1951, a State ad valorem property tax for any purpose other than provide for repelling invasions, suppressing insurrections, or defending the State in time of war: Provided, however, that nothing herein contained shall limit the present right of the counties and other political subdivisions of the State to levy ad valorem taxes.
Section 2. Be it further resolved by the authority aforesaid, that 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 same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional district, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen.
Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State at the next general election after the publication, as provided for in the second section 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 Constitution shall have written or printed on their ballots the words :
"For ratification of amendment to Article VII, Section I, Paragraph II of the Constitution of Georgia, prohibiting the General Assembly from levying ad valorem taxes for State purposes after January 1, 1951, with certain exceptions;"
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 VII, Section I, Paragraph II of the Constitution of Georgia, prohibiting the General Assembly from levying ad valorem taxes for State purposes after January 1, 1951, with certain exceptions."

TUESDAY, JANUARY 31, 1950

1067

If the people in the State as a whole 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.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Dykes Eve Florence Foster Garrett Gary Gholston Grayson

Harris Higginbotham Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Peterson Pilcher Pittman

Rackley Rich Roddenberry Rowland Sims Smith Stark Staten Swint Tarver Turner Ursrey Williams Wright Zellner

Those voting in the negative were Senators:

Brooks Daniel

Davis

Harrison

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

On the adoption of the resolution, the ayes were 45, nays 4.

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

Senator Pileher of the 19th moved that the Senate do now adjourn, and the motion prevailed.

The President announced the Senate adjourned until10 o'clock tomorrow.

1068

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia. Wednesday, February 1, 1950.

The Senate met pursuant to adjournment at 10 o'clock this morning and was call 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:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Foster Garrett

Gary Gholston Grayson Harris Harrison Higginbotham Jones Land, 51st Layton LeCraw Lunsford Massey McCoy Newton Overby

Peterson Pilcher Purdom Rowland Saunders Sims Smith Stark Staten Swint Tarver Turner Williams Wright Zellner

The following Senators did not answer to their names: Florence, Housley, Land of the 24th1 Mason, Pittman, Rackley, Rich, Roddenberry, and Ursrey.
Senator Tarver of the 48th 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 Pilcher of the 19th 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 bills and resolution, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
7. The right granted to the President to call up any bill on the calendar in the order that he may desire.
The consent was granted.

WEDNESDAY, FEBRUARY 1, 1950

1069

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 of the Senate, to wit:

SB 34. By Senator Gholston of the 30th and others:
A bill to repeal an act creating the office of state highway director, treasurer of the Highway Department, and State Highway Department, of Commission, providing for the appointment; and for other purposes.
SB 168. By Senators LeCraw of the 52nd, Land of the 24th, Eve of the 18th, and Smith of the 37th:
A bill to amend the act known as the "Voters Registration Act"; and for other purposes.

The House has agreed to conference committee report to the following bills of the House, to wit:
HB 331. By Messrs. Smith, Alverson and Walton of Fulton:
A bill to be entitled an act to amend an act relating to juvenile courts so as to fix the salary of the judge of the juvenile court in counties of 200,000 or more inhabitants at $10,000 per year; and for other purposes.
HB 553. By Messrs. Witherington of Wilcox and Chastain of Thomas:
A bill to require an annual audit of the fiscal affairs of counties by a certified public accountant to require the publication of same; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to wit:
HB 273. By Mr. Gross of Stephens:
A bill to be entitled an act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
The following bills and resolutions of the Senate and House were read the first time and referred to the committees:
SB 230. By Senator Harrison of the 17th:
A bill to amend an act approved February 25, 1949 (Ga. Laws 1949, page 1057 et seq.), to provide $100.00 a month subsistence to the safety fire commissioner, in lieu of lodging and meals while performing duties in connection with this act, and for other purposes.
Referred to the Committee on Insurance.

1070

JOURNAL OF THE SENATE,

SB 231. By Senator Overby of the 33rd:
A bill to amend an act known as "Eggs; Marketing Regulations," as amended March 8, 1937 (Ga. Laws 1937, p. 639) by inserting a section two in lieu of the section 2 which was stricken by providing that containers of one half dozen or more eggs offered for sale in Georgia which were shipped or transported from without the state, shall be marked "shipped" with date and place of production, size and grade of the eggs and the letters "cold storage" or "processed" if either is the case.
Referred to the Committee on General Judiciary.

SR 89. By Senators Ayers of the 13th, Smith of the 37th, and Stark of the 35th:
A resolution proposing an amendment to paragraph VII, section I, article V of the Constitution so as to increase the compensation of the Lieutenant Governor from $2,000.00 to $5,000.00 per annum.
Referred to the Committee on Amendments to the Constitution.

SB 232. By Senator Newton of the 47th: A bill to amend an act approved August 20, 1906, incorporating the Town of Funston; fix terms of mayor and council; filling vacancies for same; fixing qualifications; and for other purposes.
Referred to the Committee on Municipal Government.
Mr. Overby of the 33rd 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 167. Do Pass.
HB 724. Do Pass.
HB 729. Do Pass.
HB 856. Do Pass.
SR 67. Do Pass by substitute.
Respectfully submitted, Overby of 33rd District, Chairman

WEDNESDAY, FEBRUARY 1, 1950

1071

Mr. Smith of the 37th 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 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 158. Do Pass as amended.

SB 222. Do Pass.

HR 46. Do Pass.

HR 44. Do Pass.

HR 47. Do Pass.

HR 45. Do Pass.

SB 208. Do Pass as amended.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Ansley of the lOth District, chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:

Your Committee on Motor Vehicles 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 164. Do Pass.

SB 165. Do Pass as amended.

Respectfully submitted, Ansley of lOth District, Chairman

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report.

Mr. President:

Your Committee on Appropriations 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 84. Do Pass.

Respectfully submitted, Purdom of 46th District, Chairman

1072

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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 to report the same back to the Senate with the following recommendations:
HB 890. Do Pass. HB 889. Do Pass. HB 908. Do Pass. HB 855. Do Pass. HB 881. Do Pass. HB 793. Do Pass. HB 794. Do Pass. SB 221. Do Pass. HB 894. Do Pass. HB 851. Do Pass. HB 915. Do Pass. HB 721. Do Pass. HB 891. Do Pass.
Respectfully submitted, Higginbothem of 31st District, Chairman

Mr. Higginbotham of the 31st 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 819. Do Pa88. HB 827. Do Pass. HB 860. Do Pass. HB 917. Do Pass. HB 920. Do Pass.
Respectfully submitted, Higginbothem of 31st District, Chairman

WEDNESDAY, FEBRUARY 1, 1950

1073

Mr. Swint of the 26th 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 225. Do Pass.
Respectfully submitted, Swint of 26th District, Chairman

Mr. Ayers of the 13th 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 916. Do Pass.

HB 827. Do Pass.

SB 223. Do Pass.

HB 829. Do Pass.

HB 924. Do Pass.

HB 871. Do Pass.

HB 906. Do Pass.

HB 905. Do Pass.

HB 863. Do Pass.

HB 921. Do Pass.

HB 899. Do Pass.

HB 810. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary has had under consideration the fol-
lowing bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 858. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman

1074

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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:
SR 53. SR 55. SR 57. SR 59. SR 52. SR 58. SB 34. SB 161. SB 216.
Respectfully submitted, Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 158. By Senators Bryant of the 43rd and Davis of the 27th:
A bill to amend an act approved February 16, 1949 (Ga. Laws 1949, pages 646-647) by striking and repealing the title "Compensation in Criminal Cases" in Code section 24-3104 and substituting the words "compensation of court reporters for reporting and transcribing in criminal cases" and for attendants at all courts; and for other purposes.
SB 164. By Senator Jones of the 38th:
A bill to amend the Motor Common Carrier Act of 1931, to provide for a charge of one half fare for transportation of passengers where no seat is available in the bus for the use of such passenger; and for other purposes.
SB 165. By Senator Jones of the 38th:
A bill to amend the Motor Common Carriers Act of 1931 by providing that Georgia citizens, companies and corporations, shall be given preference over foreign companies and corporations in the issuance of certificates of public convenience and necessity; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1950

1075

SB 208. By Senator Land of the 51st:
A bill to amend the adoption laws of the state so as to grant discretion to the court in requiring consent of a child over 14 years of age; and for other purposes.

SB 221. By Senator Rich of the 8th:
A bill to amend the charter of the City of Bainbridge so as to provide for a retirement benefit system and plan for city employees; and for other purposes.

SB 222. By Senators Smith of the 37th and Purdom of the 46th:
A bill to authorize the judges of the Court of Appeals to appoint six law assistants; to provide for their duties and qualifications; to fix their salaries at $5,000 per annum each; and for other purposes.
SB 223. By Senator Roddenberry of the 3rd:
A bill to regulate plumbing and heating in this state; to create a state plumbing and heating board; to define the terms master plumbers, journeyman plumbers, master steam fitters and journeyman steam fitters; and for other purposes.
SR 67. By Senator Lunsford of the 9th:
A resolution to rescind the "Humber Resolution No. 69" of 1946 listing Georgia as one of the states requesting world government.
SR 84. By Senator Land of the 51st:
A resolution to reimburse Rev. J. F. Cluney for damages to his automobile which was forcibly taken by six escaped convicts; and for other purposes.
SB 225. By Senator Smith of the 37th:
A bill to amend Code section 84-1401 dealing with counties in which it is necessary to obtain license to engage in the real estate business by changing the population figure to 25,000; and to amend Code section 84-1409 by granting the commission discretionary power to grant temporary brokers licenses ; and for other purposes.
HB 724. By Messrs. Hand and Twitty of Mitchell, and others:
A bill providing that the State of Georgia may enter into a compact with any of the United States for mutual helpfulness in relation to persons convicted of crime or offenses who may be on probation or parole.
HB 729. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill creating a department of public safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department; and for other purposes.

1076

JOURNAL OF THE SENATE,

HB 793. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act incorporating the City of Douglas; and for other purposes.

HB 794. By Messrs. Ellis and Vickers of Coffee:
A bill to amend the charter of the City of Douglas; to furnish aid and relief and to grant pensions to employees now in active service and their dependents; and for other purposes.

HB 819. By Mr. Griswell of Gwinnett:
A bill to amend an act entitled "An act to create a new charter and municipal government for the City of Buford"; and for other purposes.

HB 829. By Mr. Baughman of Early:
A bill to amend the act establishing the City Court of Blakely, in Early County; and for other purposes.

HB 827. By Mr. Langdale of Lowndes:
A bill to authorize the officers of any county of this state having a population of not less than 31,500 and not more than 33,000, who have charge of records, to install and use photostatic equipment; and for other purposes.

HB 851. By Mr. Myers of Sumter: A bill to create a system of retirement for employees of the City of Americus; and for other purposes.
HB 855. By Mr. Matthews of Clarke: A bill to amend an act entitled "An act to amend the charter of the Town of Athens"; and for other purposes.
HB 858. By Mr. Leach of Rockdale and others: A bill to amend an act which relates to the punishment where any person being married shall marry another person; and for other purposes.
HB 863. By Mr. Smiley of Liberty: A bill to authorize the commissioners of roads and revenues of the County of Liberty to use funds from any surplus funds in the treasury for the purpose of obtaining, maintaining, keeping or establishing a soil conservation experiment station; and for other purposes.
HB 881. By Mr. Holloway of Schley: A bill to amend an act creating a new charter for the City of Ellaville; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1950

1077

HB 894. By Messrs. Bolton and Harper of Spalding:
A bill to authorize and empower the City of Griffin to close and vacate a certain portion of South Ninth street; and for other purposes.

HB 860. By Messrs. Walton and Alverson of Fulton:
A bill to amend an act establishing a charter for the City of Mountain Park; and for other purposes.

HB 871. By Mr. Kitchens of Twiggs:
A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the County of Twiggs; and for other purposes.

HB 877. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the charter for the City of College Park; and for other purposes.

HB 167. By Mr. Risner of Hart:
A bill to amend an act relating to the state supervisor of purchases with heads of the several departments, to fix the amount or rate per mile to be paid to officers, officials or employees of the various departments; and for other purposes.

HB 721. By Messrs. Mathis, Vandiver and Trice of Bibb:
A bill to amend an "act to re-enact the charter of the City of Macon relating to duties and salary of mayors and aldermen; and for other purposes.
HB 810. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the act which provides that clerks of superior courts shall keep in their offices an execution docket in counties having a population of 300,000 or more; and for other purposes.
HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill to amend the act approved February 7, 1949 (Ga. Laws, pp. 249256), entitled "An act to abolish the Agricultural and Industrial Development Board of Georgia; to create within the Executive Department a department of commerce; and for other purposes.
HB 889. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to amend section 42 of the Act of 1918, creating a new charter for the City of Rome; and for other purposes.
HB 890. By Messrs. Covington, Scoggins and Moulton of Floyd: A bill to amend section 53 of the act of 1918, creating a new charter for the City of Rome as amended by the act of 1933; and for other purposes.

1078

JOURNAL OF THE SENATE,

HB 891. By Messrs. Bolton and Harper of Spalding:
A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway street; and for other purposes.

HB 899. By Messrs. Hollis Pickard and Dicus of Muscogee:
A bill to provide for, fix, and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County; and for other purposes.

HB 849. By Mr. Johnson of Hall:
A bill to provide for two weeks annual military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.

HR 44. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 4 Pre-Trial Conferences" as proposed by a committee of the bar of this state; and for other purposes.

HR 45. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 1, General Procedure in Trial Courts" as proposed by a committee of the bar of this state; and for other purposes.

Hn, 46. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 4 Pre-Trial Conferences" as proposed by a committee of the bar of this state; and for other purposes.

HR 47. By Messrs. Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn, and Durden of Dougherty:
A resolution to ratify and confirm the adoption of "Supplemental Report No. 2 General Procedure in Trial Courts" as proposed by a committee of the bar of this state and adopted by the Supreme Court of Georgia; and for other purposes.
HB 905. By Messrs. Vandiver, Trice and Miller of Bibb:
A bill to amend an act approved February 6, 1873, and captioned "An act to establish a county board of commissioners of the County of Bibb; to define its duties; and for other purposes.
HB 906. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act to establish the City Court of Macon in and for the County of Bibb; by providing for the appointment ofa court reporter and secretary to the judge; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1950

1079

HB 908. By Mr. Gross of Stephens:
A bill to incorporate the City of Toccoa in Stephens County approved July 22, 1903, providing for the appointment of tax assessors; and for other purposes.

HB 915. By Mr. Aultman of Houston:
A bill to amend an act to create a new charter for the City of Perry; and for other purposes.

HB 916. By Messrs. Langdale and Mathis of Lowndes:
A bill relating to Lowndes County, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; and for other purposes.

HB 917. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 920. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved July 31, 1920, entitled an act to incorporate the Town of A!IJharetta; and for other purposes.

HB 921. By Mr. Hartley of Crawford:
A bill to amend an act approved July 29 as contained and set forth in the acts of the General Assembly of Georgia, in 1919 page 636, to prescribe and limit the compensation of the treasurer of Crawford County; and for other purposes.

HB 924. By Messrs. Covington, Scoggins and Moulton of Floyd:
A bill to amend an act entitled "An act to establish a city court in the County of Floyd" as amended, making the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this state, applicable to said city court; and for other purposes.

The following local bill of the House was read the third time and put upon its passage:
HB 362. By Messrs. Terrell, Moulton and Covington of Floyd: A bill to change from fee to salary system in certain counties, the clerk of the superior court, the sheriff; and for other purposes.
Senator Pittman of the 42nd offered the following substitute:
A SUBSTITUTE BILL TO HB 362 A bill 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 su-

1080

JOURNAL OF THE SENATE,
perior court or ex-officio clerk of other court or courts), the sheriff, the ordinary, the tax collector, and the tax receiver (or tax commissioner); to make provisions regulating the carrying out of such charges; to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expenses of such officers; to provide that no county official, deputy, assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the payment of such officers, deputies, clerks, or assistants by the fiscal agent of such county; to provide for the employment of a full-time comptroller by the county commissioners, to audit all county offices and agencies quarterly; to provide for ratification or rejection of this act by the qualified voters of the counties so affected; to repeal conflicting laws or parts of laws; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1940, a population of not less than 53,000 inhabitants nor more than 75,000 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 53,000 nor more than 75,000 inhv.bitants, and on the publication of said census any county not now having said population of 53,000 but by said new census having said population of 53,000, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees and commissions that are paid by the State to the Tax Collector, Tax Receiver, or Tax Commissioner, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees, as under the fee system, except for the fees and commissions to be paid by the State as will be hereinafter provided.
Section 2. Be it further enacted by the authority aforesaid, that in all such counties the salaries of the following officers shall be as follows:
(a) Clerk of the Superior Court, whether ex-officio clerk of another court or not, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments;
(b) The Sheriff, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments;
(c) The Ordinary, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments;
(d) The Tax Collector, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments;
(e) The Tax Receiver, an annual salary of not less than $4500 nor more than $5500 per annum, payable in equal monthly installments;
Provided, nevertheless, that said salaries shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to them except for this Act. And provided that all such fees, costs, com-

WEDNESDAY, FEBRUARY 1, 1950

1081

missions and emoluments shall be collected by them and paid into the treasury of the county where such officer or officers hold office.
Section 3. Be it further enacted by the authority of the same, that from and after the effective date of this Act the Sheriff's deputies and assistants in all such counties shall consist of the following, at the following salaries, payable in equal monthly installments, to wit:
1 Chief Deputy Sheriff, whose annual salary shall be not less. than $4200 nor more than $5000 per annum.
1 Bookkeeper and Cashier, whose annual salary shall be not less than $2100 nor more than $3000 per annum;
2 Deputy Sheriffs, whose annual salaries be not less than $2700 nor more than $3600 per annum;
1 Jailer, whose annual salary shall be not less than $1500 nor more than $2100 per annum; and such other deputies as the Sheriff may designate; provided, however, that no salary or salaries for said deputies so appointed shall be paid from county funds.
All of whom shall be named from time to time by the Sheriff and all and each of whom shall serve as such at the will of the Sheriff and be discharged by such Sheriff without any claim to any unearned salary or salaries.
Provided, nevertheless, that said salaries shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to them except for this Act. And provided that all such fees, costs, commissions and emoluments shall be collected by them and paid into the treasury of the county where such officer or officers hold office.
Section 4. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the Sheriff in all such counties as are described in Section 1 of this Act shall be furnished by the County, for the exclusive use of his office, such automobiles as may be necessary for carrying on the work of said office, the number of said automobiles so furnished to be not less than two (2) nor more than four (4), in the discretion of the Board of County Commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gas, oil, and accessories for said automobiles, all in the discretion of and subject to the approval of the County Commissioners. Said automobiles are to be used in carrying on the work of the Sheriff's office.
Section 5. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the Clerk of the Superior Court's deputies and assistants in all such counties shall be as follows:
1 Chief Deputy Clerk, whose annual salary shall be not less than $4200 nor more than $5000, payable in equal monthly installments;
1 Deputy Clerk, whose annual salary shall be not less than $2100 nor more than $2400 each, payable in equal monthly installments.
2 Deputy Clerks, whose annual salaries shall be not less than $1800 nor more than $2400 each, payable in aqual monthly installments.
All of whom shall be named from time to time by the Clerk of the Superior Court, and all and each of whom shall serve as such at the will

1082

JOURNAL OF THE SENATE,
of such Clerk of the Superior Court and be discharged by such Clerk without any claim to any unearned salary.
Section 6. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the Ordinary's deputies and assistants in all such counties shall be as follows :
1 Clerk of the Court of Ordinary, whose salary shall be not less than $1800 nor more than $2400, payable in equal monthly installments; the Ordinary may, with the approval of the County Commissioners appoint one additional employee as follows:
1 Deputy Clerk-Stenographer, whose annual salary shall be not less than $1500 nor more than $1800 per annum, payable in equal monthly installments.
All of whom shall be named from time to time by the Ordinary, and all and each of whom shall serve as such at the will of such Ordinary and be discharged by such Ordinary without any claim to any unearned salary.
Section 7. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act the Tax Collector's deputy and assistant in all such counties shall be as follows:
1 Deputy Tax Collector, whose annual salary shall be not less than $2100 nor more than $3000, payable in equal monthly installments.
Said Deputy Tax Collector shall be named from time to time by the Tax Collector, and shall serve as such at the will of such Tax Collector and be discharged by such Tax Collector without any claim to any unearned salary.
Section 8. Be it further enacted by the authority aforesaid, that the Board of County Commissioners shall, in its discretion, have the authority to employ additional employees, not to exceed four (4) in number, on a temporary part-time basis whenever emergencies shall arise, in the discretion of the Board of County Commissioners, requiring the services of additional employees, the selection of which shall be made by the duly elected officers of the offices requiring such emergency employee or employees, and in no event shall the salary paid to each such temporary part time-employees exceed $1500.00 per annum.
Section 9. Be it further enacted by the authority aforesaid, that in all counties described in Section 1, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the County Board of Commissioners or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish the County Commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such Board of Commissioners or other fiscal agent; provided, nevertheless, before any such items of expense shall be paid by the County Treasurer, an itemized statement thereof shall be furnished such County Treasurer, and if such itemized statement is not furnished and the same shall have been paid, same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall

WEDNESDAY, FEBRUARY 1, 1950

108&

be taken for any such items unless duly itemized and authorized by said County Commissioners or other fiscal agent.
Section 10. Be it further enacted that no county official, deputy or assistant and no member of the Board of County Commissioners of Roads and Revenues nor any Chairman thereof shall be paid from the County Treasury any extra compensation, except legitimate expenses duly authorized by said board.
Section 11. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the Clerk, Sheriff, Tax Receiver, Tax Collector, or the Ordinary to keep filled all of said positions in their respective offices, when in their judgment any such Deputy, Clerk, or Assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Said Board of County Commissioners is hereby given the authority to designate the days and hours each of said offices herein named shall remain open for the transaction of its normal business.
Section 12. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the County Commissioners, through their duly authorized and appointed agent, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and each employee herein named, and to disburse the expenses of all said offices.
Section 13. Be it further enacted by the authority aforesaid, that all fees and commissions, costs, percentages, forfeitures, penalties, allowances, and lal other perquisites of whatever kind which shall be allowed by law after the effective date of this Act, to be received or collected for services rendered after the effective date of this Act, by any officer herein named shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the Board of County Commissioners of such county. The commissions received from the State by the Tax Collector and the Tax Receiver, or the Tax Commissioner, shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the County Treasurer, or other depository of county funds.
Section 14. Be it further enacted by the authority aforesaid, that the County Commissioners in and for all counties enumerated in Section 1 of this Act shall, at their first meeting in January after the effective date of this Act, fix the salaries of the Sheriff, Clerk, Ordinary, Tax Collector, Tax Receiver, or Tax Commissioner, as well as all deputies, assistants, and clerks, at sums not less than those heretofore stipulated and at sums not greater than those heretofore stipulated, and said salary schedule as fixed by said Commissioners shall remain in force and effect for the year, and from year to year thereafter, unless a different amount shall be fixed at the first meeting in January of the following year by said Commissioners. The salaries of the various officials herein fixed shall be their sole compensation, and all fees and commissions accruing after the effective date of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees, commissions

1084

JOURNAL OF THE SENATE,
and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in Section 1 hereof; and provided further that each of these officials; namely, the Sheriff, Clerk, the Ordinary and Tax Collector, shall be paid the same salary, and the county board shall fix the salary of these officials uniformly.
Section 15. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, fees and commissions which may become due and payable after the effective date of this Act, in such counties as are described in Section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures, fees and commissions, and shall be, after the effective date of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the effective date of this Act, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force, but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly into the County Treasury of such counties as are described in Section 1 hereof, by the officer by whom collected, as herein provided. And be it further provided that the same officers who are required by law under the existing procedure of the fee system now in force to make and prepare such cost claims and insolvent cost lists on behalf of the said county.
Section 16. Be it further enacted, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this act, shall be paid by the county wherein the general funds are controlled in the name of the county, and by the Board of Commissioners of Roads and Revenues wherein the said funds are controlled in the name of said Board, or by such other fiscal agents of said counties as the governing authority of the county may designate.
Section 17. Be it further enacted by the authority aforesaid that the County Commissioners in all such counties as are described in Section 1 of this Act may, after the approval and effective date of this Act, employ a full-time comptroller, whose compensation shall be not less than $3600 per annum nor more than $5000 per annum, payable in equal monthly installments, said amount to be fixed in the same manner as is provided for the other officers herein enumerated, and whose duty it shall be to audit the books and papers, collections and disbursements, of all county offices and officers herein enumerated and all other county agencies, including the Treasurer, Hospital Authorities, and all other county agencies, quarterly, and the results of said audit shall, within thirty days after each quarter, be published in the newspaper of such counties having the largest circulation, which publication shall be paid for by the fiscal authorities of said counties out of the general funds.

WEDNESDAY, FEBRUARY 1, 1950

1085

Section 18. When this Act shall be agreed to by a constitutional majority, it shall be entered upon the journal of each House, and shall be published in the manner provided by law, and shall be submitted at the next general election after such publication to the voters of the interested counties, qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed Act shall have written or printed on their ballots the words: "For ratification of the Act providing for a salary system for compensating the Clerk of the Superior Court (whether he be Clerk of the Superior Court or Ex-Officio Clerk of other Court or Courts), the Sheriff, the Ordinary, the Tax Collector and Receiver, or Tax Commissioner, in certain counties in Georgia, in lieu of the fee system." All voters desiring to vote against the ratification of said Act shall have written or printed on their ballots the words: "Against ratification of the Act providing for a salary system for compensating the Clerk of the Superior Court (whether he be Clerk of the Superior Court or Ex-officio Clerk of other Court or Courts), the Sheriff, the Ordinary, the Tax Collector and Receiver, or Tax Commissioner, in certain counties in Georgia, in lieu of the fee system." If a majority of those voting, who are qualified to vote for members of the General Assembly, voting thereon in the interested counties, shall vote for the ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and the Secretary of State shall certify the results of said election to the Governor, and the Governor shall make and publish his proclamation and said Act shall thereupon become law, effective January 1, 1953, provided a majority of those voting in said election shall vote favorably thereon.
Section 19. 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 by substitute.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill was taken up for the purpose of considering House amendments thereto:
SB 34. By Senators Gholston of the 30th, Mason of the 28th, Daniel of the 49th, Swint of the 27th, Foster of the 40th, Higginbotham of the 31st, Brooks of the 50th, Williams of the 20th, Sims of the 2nd, Florence of the 39th, and Jones of the 38th :
A bill to provide for a ten man highway commission to be elected by the Legislature, one from each Congressional district, to provide a bond for each member thereof; to prescribe their duties and powers, compensation and tenure, to provide for a chairman of the commission, to fix his salary and duties, and provide for bond; to provide for highway engineer and treasurer; and prescribe their duties, compensation and tenure; and for other purposes.

1086

JOURNAL OF THE SENATE,

The House amendments were as follows:

Messrs. Ray of Warren and Twitty of Mitchell offered the following amendment:
Amend SB 34 by adding at the end of paragraph 4 the following:
"The first three board members provided for herein shall be elected by the General Assembly by joint resolution and a member shall be named from each of the road districts provided for here. Said election shall be promptly after the passage of this act."

Senator Pilcher of the 19th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.

Mr. Twitty of Mitchell offered the following amendment:
Amend SB 34 by adding at the end of section five the following:
"Members of the said board and the treasurer of the State Highway Board shall receive their actual necessary expenses incurred while engaged in the work of the said board."

Senator Pilcher of the 19th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.

Mr. Twitty of Mitchell offered the following amendment: Amend SB 34 by adding at the end of section XII the following words: "Except contracts with political sub-divisions of the state."

Senator Gholston of the 30th offered the following amendment to the House amendment:
Amend House Amendment No.3 to SB 34 by striking therefrom the last period and adding at the end of the language supplied the following:
Which shall be let to political subdivisions at the average bid price of the same kind of work let to contract after advertisement during the period of sixty days prior to the letting of the contract, and nothing contained in this section shall vary or change the formula for secondary roads provided elsewhere in this act.
The amendment was adopted.
Senator Pilcher of the 19th moved that the Senate agree to the House amendment as amended.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to as amended.

WEDNESDAY, FEBRUARY 1, 1950

1087

The Committee on State of the Republic offered the following amendment:
Amend SB 34 by striking therefrom sections 8, 9, 10 and 11 in their entirety and inserting in lieu thereof a new section to be known as section 8 and to read as follows:
Inspectors shall be employed by the Chairman of the State Highway Board, with the approval of a majority of the State Highway Board, to serve at the pleasure of the Board. The number and salaries are to be fixed and defined by the Highway Board. Said inspectors, among their other powers and duties, shall be charged with the duty of going into the several counties of this State to measure and report to the State Highway Board the correct mileage of all county roads, being maintained by the county, and the correct mileage of all roads in the county, which are a part of the State Highway System mileage and being maintained by the State Highway Department. The inspectors shall contact the proper authority in charge of roads in each county and offer and demand that they furnish a representative of the county to go with the inspector to see that every mile of roads in the county, being maintained by the county, is included in the measurement. Private driveways, roads not used by the public, roads and bridges that have been abandoned and roads and bridges in towns and cities of 5,000 or more population shall not be included in the measurement for determination of mileage in the county, except State Highway System mileage that enter into or go through a town or city of 5,000 or more population. The results of the measurement of the mileage of roads and bridges in each county shall become fixed and frozen for a period of four years, with re-measurements to be made every four years under the same plan of procedure. In case of a disagreement between the inspector and the county authority as to the correct mileage of any roads and bridges, the matter shall be referred to the State Highway Board, whose decision as to facts thereof shall be final. All such measurements of mileage by the inspectors shall be reported to the State Highway Board, who shall, upon consideration thereof, make a determination by resolution to be spread upon the minutes of said Highway Board of the correct mileage so found.
The present State Highway System mileage, known as State-Aid roads, as shown by the records of the State Highway Department at the time of the passage of this Act, shall remain on the State Highway System mileage and be maintained by the State Highway Department.
The remaining balance of one-sixth of the total miles of all secondary roads and bridges in each county, that are not constructed, paved and completed, that are being maintained by the State Highway Department and county, in all counties of the State, shall be designated for construction, paving and completion. No additional secondary mileage shall be designated for construction, paving and completion, until ninety-five percent of one-sixth of the total miles of all secondary roads and bridges in the State, that are being maintained by the State Highway Department and all counties of the State shall have been constructed, paved and completed. Upon the completion of the construction, paving and completion of ninety-five percent of one-sixth of the above designated miles of secondary roads and bridges, that are being maintained by the State Highway Department and all counties of the State, an additional one percent of the county road mileage, that are being maintained by all counties of the State shall be designated for construction, paving and completion. Thereafter, whenever ninety-five percent of the designated

1088

JOURNAL OF THE SENATE,
mileage shall have been constructed, paved and completed, an additional one per cent of the county road mileage, being maintained by all counties of the State, shall be designated for construction, paving and completion under the same plan of procedure as outlined heretofore in this Section.
The State Highway Board shall have the right to substitute and relocate any or all of said State Highway System mileage, in any and all counties, in building new roads and bridges or improving the State Highway System roads and bridges in any and all counties of the State, keeping in view only, the prevailing fixed State Highway System mileage and control points. In re-locating, re-surveying and substituting any road, bridge or right of way on the State Highway System, the State Highway Board shall confer with the Ordinary or county commissioner, as the case may be, and give due consideration to their wishes in the re-location and substitution, but in case of disagreement, the judgment of the State Highway Board shall prevail.
The Federal-Aid Urban Apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving, and improving Federal-Aid Urban Highway System roads and bridges in towns and cities of 5,000 or more population shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid Urban Highway System roads and bridges where most needed in the judgment and discretion of the State Highway Board or a majority thereof.
The Federal-Aid Primary Apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving and improving Federal-Aid Primary Highway System roads and bridges shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid Primary System roads and bridges where most needed in the judgment and discretion of the State Highway Board or a majority thereof.
The Federal-Aid Secondary Apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving and improving Federal-Aid Secondary Highway System roads and bridges shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid Secondary roads and bridges.
The planning, surveying, construction, paving and improvement of Federal-Aid Secondary roads and bridges shall begin in the counties of the State which have the lowest percentage in miles of paved roads and bridges within the county as shown by the measurement provided for heretofore in this Act. The mileage shall be figured on the basis that the percentage and proportion that the total miles of all roads in each county, that is being maintained by the State Highway Department and each county of the State shall bear to the total miles of all roads that are being maintained by the State Highway Department and all counties of the whole State. At the end of each fiscal year these percentages shall be compiled and re-established and the planning, surveying, paving and improvement shall begin or continue in the counties which then have the lowest percentage in miles of paved roads and bridges within the county at the time of compilation and re-establishment under the same formula and procedure as outlined heretofore in this Section.
The Division of Planning, in conjunction with other Engineering and Design Divisions of the State Highway Department, conferring with a

WEDNESDAY, FEBRUARY 1, 1950

1089

representative or representatives of the U. S. Public Roads Administration in matters involving Federal funds, shall prepare long range biennial programs of. improvements to be made under Federal-Aid Urban, Federal-Aid Primary, Federal'-Aid Secondary and State Classifications. The programs shall be flexible and shall constitute the basis for setting up biennial programs of improvement work. All long range biennial programs, and all contract lettings shall have the approval of the State Highway Board or a majority thereof. The Board shall so arrange the survey~;> and drawings and the appropriate specifications shall be made available from among the projects in the approved programs in such scope, amount and classes as would provide a full year of work under the fund allocation available at the time.
The type, class, width, location and order of priority of projects included in the biennial programs shall be determined according to present and anticipated development of the areas traversed by the roads and bridges. Nothing in this Section is intended to conflict with any Federal law, and in any case of any such conflict, such portion as may be in conflict with such Federal law is hereby declared of no effect to the extent of the conflict.
After the necessary funds have been set aside for operating the State Highway Department, for maintaining State Highway System roads and bridges (in which are included Federal-Aid Highway System roads and bridges), for paying the counties $4,817,013.03 for constructing and maintaining county roads and bridges, for matching Federal-Aid Apportionment to the State of Georgia for constructing, paving and improving Federal-Aid Highway System roads and bridges in full and for any emergencies or unusual situations, the balance of the remaining available State Highway funds shall be used for the construction, hardsurfacing and improving Secondary roads and bridges not on the FederalAid State Highway System.
The construction, hard-surfacing and improvement shall begin in the counties of the State which have the lowest percentage in miles of paved roads and bridges within the county at the time of the completion of the measurement as provided for heretofore in this Act. The mileage shall be figured on the basis that the percentage and proportion that the total miles of all roads and bridges in each county, that is being maintained by the State Highway Department and each county shall bear to the total miles of all roads and bridges being maintained by the State Highway Department and all counties of the whole State. At the end of each fiscal year these percentages shall be compiled and re-established and the planning, surveying, hardsurfacing and improvements shall begin or continue in the counties which then have the lowest percentage in miles of hardsurfaced roads and bridges within the county at the time of compilation and re-establishment under the same formula and procedure as outlined heretofore in this Section.
And a further move to amend SB 34 by adding a new section to be known as Section 9 and to read as follows :
The provisions of Section 8 of this bill shall not apply for the present fiscal year or to any plans or programs of the State Highway Department which have been approved prior to the 25th day of January, 1950.
And a further move to amend SB 34 by re-numbering the following sections of the bill to correspond.

1090

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the Senate agree to the House amendments.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.

Mr. Twitty of Mitchell offered the following amendment:
Amend SB 34 by striking section four (4) of said bill and inserting in lieu thereof a new section four (4) to read as follows:
SECTION IV
The State Highway Board; terms; vacancies. There is hereby created a State Highway Board, composed of three members, and the first three members shall be elected by a majority vote of the Legislature, upon the passage and approval of this Act. One member shall be elected by the members of the Legislature from the 1st, 2nd and 8th Congressional Districts in the State of Georgia, which districts shall be denominated the Southern Highway District and he shall be elected for a term of six years. One member shall be elected by the members of the Legislature from the 3rd, 4th, 6th and lOth Congressional Districts in the State of Georgia, which districts shall be denominated the Central State Highway District, and he shall be elected for a term of four years. One member shall be elected by members of the Legislature from the 5th, 7th and 9th Congressional Districts in the State of Georgia, which District shall be denominated the Northern State Highway District of Georgia and he shall be elected for a term of two years. Thereafter the terms of the members of the State Highway Board shall be six years, each dating from the expiration of the first terms, or from a subsequent six year term, and election for Board members shall be held by members of the General Assembly at regular sessions, at the session preceding the expiration of the terms of Board members in the manner hereinafter provided. After the first election, all members of the State Highway Board shall be elected by a majority vote of the members of the General Assembly from each Highway District herein created. Each member of the Legislature shall have one vote at the caucus to be held as herein provided in electing the member of the Board from each District of the State. A caucus shall be called by the Speaker of the House of Representatives and the President of the Senate of the State of Georgia within the first ten days of the convening of the General Assembly of the State of Georgia in regular session. Written notice shall be mailed to the members of the General Assembly of the State of Georgia at least two days prior to the date of said caucus. The caucus at which the election of each Highway District member shall be held shall be convened in three separate places, to be designated at the State Capitol, but on the same day and at the same time. In the event that the caucus fails to elect said member of State Highway Board for said District, then the members of the General Assembly from such district shall elect a board member from such district under rules to be prescribed by the General Assembly of the State of Georgia. Within fifteen days after the election of the State Highway Board member, the Speaker of the House of Representatives and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt of such notice and execution of the oath of office by such elected member shall issue a commission thereon. All Board members shall hold office until their sue-

WEDNESDAY, FEBRUARY 1, 1950

1091

cessors are elected and qualified. Vacancies occurring when the General Assembly is not in session shall be filled by the Governor until the next meeting of the General Assembly of the State of Georgia, by the appointment of a resident of the same Highway District to serve until the meeting of and election by Members of the General Assembly at its next session, in the same manner as members are elected for a regular term, to fill the unexpired term.
Upon election and qualification each member of the State Highway Board shall give a bond with duly licensed corporate surety in the sum of $50,000, each, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office as provided in this Act. The premium of such bond shall be paid from funds of the State Highway Department. Any Board member violating the provisions of this Act as shown by the minutes and records of the State Highway Department shall be guilty of misdemeanor and punished as such.

Senator Pilcher of the 19th moved that the Senate agree to the House amendment.

On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.

Senator Blalock of the 36th asked unanimous consent that the following bill be withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester of 1909 so as to provide for increase in number of commissioners; and for other purposes.

The following general bills of the Senate and House were read the third time and put upon their passage:
HB 727. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act to provide for nominations by political parties in this state of candidates for United States Senator, Governor, State House Officers, Justices of the Supreme Court and Judges of the Court of Appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Overby of the 33rd called for the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:

1092

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley

Grayson

Ayers

Harris

Blalock

Higginbotham

Boyett

Housley

Bryant

Jones

Clary

Land, 51st

Cochran

Land, 24th

Coleman

Layton

Dykes

Lunsford

Florence

McCoy

Foster

Overby

Garrett

Peterson

Gary

Pilcher

Purdom Rich Roddenberry Rowland Smith Stark Staten Tarver Turner Ursrey Williams Wright

Those voting in the negative were Senators:

Daniel Davis Gholston Harrison

LeCraw Mason Massey Newton

Pittman Swint

The roll call was verified.

On the passage of the bill, the ayes were 38, nays 10.

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

SB 154. By Senators Pittman of the 42nd and Newton of the 47th:
A bill to amend an act approved March 9, 1945, creating the office of the Judges of the Superior Court, Emeritus by providing that no such judge emeritus shall accept employment as attorney in cases over which he has had jurisdiction as judge of the superior court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pittman of the 42nd asked unanimous consent that SB 154 be immediately transmitted to the House.

HB 763. By Messrs. Gillis of Treutlen, Adams of Wheeler, Smith of Emanuel, Twitty of Mitchell, Ray of Warren and others:
A bill to amend an act known as the state-wide forest fire protection act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 1, 1950

1093

HB 757. By Messrs. Ray of Warren and Campbell of Oconee:
A bill to amend the General Appropriation Act of 1949, by providing that members of the General Assembly shall be paid mileage at the rate of lOc per mile for travel to and from the capitol in connection with adjourned sessions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ayers

Grayson

Pilcher

Blalock Boyett Bryant Clary

Harris Harrison Higginbotham Housley

Pittman Purdom Rich Rowland

Cochran Coleman Daniel Dykes

Jones Land, 51st Land, 24th LeCraw

Saunders Sims Smith Stark

Eve Foster

Lunsford Mason

Staten Tarver

Garrett Gary

McCoy Newton

Williams Wright

Gholston

Overby

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

On the passage of the bill, the ayes were 41, nays 0.

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

HB 322. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to clarify Section 23-1704 and 23-1705 of the Code of Georgia of 1933 so as to provide for execution by public contractors of a single bond embracing the requirement of both of said sections; and for other purposes.
The Committee on General Judiciary offered the following amendment:
Amend HB 322 by striking the comma in the fifth (5) line immediately after the word "price" and inserting immediately after the word "price" the following language: "or in the event of more than one (1) contract that the bond shall be in double the amount of the combined contract price."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1094

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 Senate amendment to House amendment No. 3 to the following bill of the Senate, to wit:

SB 34. By Senators Gholston of the 30th, Mason of the 28th, Daniel of the 49th and others:
A bill to repeal an act approved March 17, 1943, (Georgia Laws 1943, pages 216-222), creating the offices of State Highway Department and a State Highway Commission; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 204. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and others: A resolution naming the three (3) members of the State Highway Board, and for other purposes.

The following resolution was read by the secretary:
HR 204. By Messrs. Twitty and Hand of Mitchell, Smith of Emanuel and others. A resolution naming the three members of the State Highway Board; and for other purposes.
On the adoption of the resolution, the ayes were 40, nays 0, and the resolution was adopted.

The following resolution was read and adopted :
SR 90. By Senator Land of the 24th and others:
A resolution that the President of the Senate instruct the doorkeeper to remove from the Senate Chamber any person not a member of the Senate who shall carry on audible conversation or create disturbance while any visitor is addressing the Senate; and for other purposes.

The following bill was taken up for the purpose considering House amendments thereto:
SB 168. By Senator LeCraw of the 52nd:
A bill to postpone the effective date of the Voters Registration Act approved February 25, 1949 (Georgia Laws 1949, page 1204) to the general election of 1952; and for other purposes.

WEDNESDAY, FEBRUARY 1, 1950

1095

The House amendments were as follows:
By Mr. Davis of Dougherty:
Amend SB 168 by adding at the end of Section 3 as amended the following: "Provided that unless authorized by the governing authority of the county the Registrar and other officers employed under this act shall not work more than two days each month until January 1, 1952 and until such date shall be entitled to compensation only for two days each month."
Senator Pilcher of the 19th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 33, nays 0, and the amendment was agreed to.
By Kemp of Clayton:
Amend SB 168 by adding at the end of Section 6 the following language: "Any person denied registration under the new registration law of 1949 shall not be eligible to vote in any election in this state and all this shall be so purged."

Senator Pilcher of the 19th offered the following amendment to the House amendment:
By adding after the words "Consolidated List"; in line 10 of Section 3 the following: "Provided further, that any voter on said 1948 list may be challenged, in the manner now provided by law, upon any ground now provided by law or upon the ground that such voter is not entitled to register under said act approved February 25, 1949, as amended. Such challenge shall be heard and determined in the manner provided by law and if such voter is found to be disqualified his name shall be stricken from said 1948 list"; and by adding the same language at the end of Section 5 of the act of 1949 as amended by said Section 3."
The amendment was adopted.
Senator Pilcher of the 19th moved that the Senate agree to the House amendment as amended.
On the motion to agree, the ayes were 33, nays 0, and the amendment as amended was agreed to.
By Davis of Dougherty:
Amend SB 168 by adding thereto a new section to be known and designated as Section 8 to read as follows: "The Voter's Registration Law of 1949, acts of 1949, page 1204 is hereby amended by adding at the end of Section 6 of said act a new sentence to read as follows: The compensation to be paid to the registrars and all other officers and employees appointed and employed under this act shall be fixed by the Commissioners of Roads and Revenues of the county'", and by striking Section - of said act in its entirety.
Senator Pilcher of the 19th moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 33, nays 0, and the amendment was agreed to.

1096

JOURNAL OF THE SENATE,

By Pannell of Murray:
Amend SB 168 by adding the following section to be numbered appropriately: "In all cases arising under this act where the applicant or the voter as the case may be is required to be served with a notice of a hearing unless otherwise provided, said notice shall specify a day not less than. one nor more than thirty days after date of the notice."
The Clerk of the House be instructed to amend caption of bill according.
Senator Pilcher of the 19th moved that the Senate agree to the House amendment.
On the motion, the ayes were 33, nays 0, and the amendment was agreed to.

Senator Blalock of the 36th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

THURSDAY, FEBRUARY 2, 1950

1097

Senate Chamber, Atlanta, Georgia Thursday, February 2, 1950

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:

Blalock Bryant Clary Cochran Coleman

Harrison Higginbotham Housley Land, 51st Layton

Pilcher Roddenberry Rowland Saunders Sims

Daniel

LeCraw

Stark

Davis Florence Foster Garrett Gholston

Lunsford Mason Massey Newton Overby

Staten Williams Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th 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 Senate and House bills and resolutions.

8. Reports of standing committees.

4. Second reading of bills and resolutions, favorably reported by the committees.

5. Third reading and consideration of local uncontested bills and resolutions.

6. Third reading and consideration of general bills and resolutions.

7. The right granted to the president to call up any bills and resolutions on the calendar in the order that he may desire.

The consent was granted.

1098

JOURNAL OF THE SENATE,

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

SB 233. By Senator Roddenberry of the 3rd:
A bill to regulate plumbing and heating in this state; to create a State Plumbing and Heating Board; to define the terms master plumbers, journeyman plumbers, master steam fitters and journeyman steam fitters; and for other purposes.
Referred to the Committee on Industrial Relations.

SR 91. By Senator LeCraw of the 52nd:
A resolution proposing an amendment to Paragraph I, of Section II, of Article III, of the Constitution by striking the same and substituting in lieu thereof a new paragraph by providing for one representative in each county; one additional representative in each county with population in excess of 15,000, and in counties with population in excess of 30,000 one additional representative for each 25,000 persons or major fraction thereof and for other purposes.
Referred to the Committee on Amendments to the Constitution.

SR 92. By Senator Purdom of the 46th:
A resolution authorizing the State Board of Education to sell the property now used as the Academy for the Colored Blind in Macon; and for other purposes.
Referred to the Committee on General Judiciary.

SB 234. By Senator Purdom of the 46th:
A bill to repeal an act approved February 17, 1949 (Georgia Laws 1949, page 695) known as the "Unfair Cigarette Sales Act"; and for other purposes.
Referred to the Committee on General Judiciary.

SB 235. By Senators Tarver of the 48th and Purdom of the 46th:
A bill to amend the act relating to cigar and cigarette license tax so as to reduce the discount allowed wholesalers, jobbers and distributors for handling cigar and cigarette stamps; and for other purposes.
Referred to the Committee on General Judiciary.
SB 236. By Senator Florence of the 39th:
A bill to repeal an act creating a nine member Board of Commissioners for Roads and Revenues for Douglas County; to provide for a referendum; and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, FEBRUARY 2, 1950

1099

SB 237. By Senator Florence of the 39th:
A bill to create the office of Commissioner of Roads and Revenues of Douglas County; to provide for the election of such commissioner; provide for salary; and for other purposes. Referred to the Committee on Counties and County Matters.
SB 238. By Senator Harrison of the 17th:
A bill to provide for a salary for the court reporter of the Ogeechee Judicial Circuit; and for other purposes. Referred to the 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 agreed to Senate amendment to House amendment No. 2 to the following bill of the Senate, to wit:
SB 168. By Senators LeCraw of the 52nd, Land of the 24th, and others:
A bill to amend the act known as the "Voters' Registration Act"; and for other purposes.

The House has agreed to Senate amendment to the following resolution of the House, to wit:
HR 35. By Messrs. Twitty of Mitchell and Davis and Durden of Dougherty:
A resolution providing the Justices of the Supreme Court and the Judges of the Court of Appeals shall have a salary of $12,000.00 and Judges of Superior Court a salary of $9,000.00; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 205. By Messrs. Hinson of Ware, Greene of Crisp, Nightingale of Glynn:
A resolution requesting the United States Collector of Internal Revenue and the Revenue Commissioner of the State of Georgia to extend the time for filing income tax returns by members of the General Assembly of Georgia; and for other purposes.

Mr. Brooks of the 50th 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 recommendation:

SR 89. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

1100

JOURNAL OF THE SENATE,

Mr. Cochran of the 7th 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 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 192. Do Pass by Substitute. SB 193. Do Pass. HB 745. Do Pass. HR 147. Do Pass. HR 151. Do Pass.
Respectfully submitted, Cochran of 7th District, Chairman

Senator Smith of the 37th 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 217. Do Not Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Clary of the 29th 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 House and has instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 513. Do Not Pass.

Respectfully submitted, Clary of 29th District, Chairman

THURSDAY, FEBRUARY 2, 1950

1101

Mr. Pittman of the 42nd 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 House and has instructed me as chairman, to report the same back to the Senate with the following recommendation:

HB 874. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Overby of the 33rd District, secretary of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance has had under consideration the following
resolution and bill of the Senate and House and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
SR 80. Do Pass.
HB 115. Do Pass by Substitute as Amended. Respectfully submitted, Turner of 34th District, Chairman

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation 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:

HR 154-894a. Do Pass.

HB 883. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

1102

JOURNAL OF THE SENATE,

Mr. Williams of the 20th 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 bills of the House and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
HB 844. Do Pass.
HB 845. Do Pass. Respectfully submitted,
Williams of 20th District,
Chairman

Mr. Higginbotham of the 31st 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 228. Do Pass. HB 911. Do Pass. HB 913. Do Pass. HB 910. Do Pass. HB 850. Do Pass. HB 852. Do Pass.
Respectfully submitted, Higginbotham of 31st District, Chairman
Senator Housley of the 32nd 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 154.
Respectfully submitted,
Housley of 32nd District,
Chairman

THURSDAY, FEBRUARY 2, 1950

1103

Senator Housley of the 32nd 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 Governor:

SB 34.

Respectfully submitted, Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House favorably reported by the committees were read the second time:
SB 192. By Senator Harrison of the 17th:
A bill providing for the formation of non-profit telephone cooperative corporations; providing the rights, powers and duties of such cooperatives; provide classification with regard to jurisdiction of Public Service Commission; regulating the issuance of obligation by such cooperatives; providing classification of obligations and the membership certificates and shares of stock of such cooperatives with respect to regulations; authorizing construction, maintenance and operation of telephone lines; authorizing the power of eminent domain; and for other purposes.
SB 193. By Senator Harrison of the 17th:
A bill to amend an act known as the Electric Membership Corporation Act by permitting the division of corporation territory into districts and providing for the disposition of corporation property; and for other purposes.
SB 228. By Senator Clary of the 29th:
A bill to amend an act entitled "An act to create and establish a new charter for the Town of Harlem; and for other purposes.
SR 80. By Senator Turner of the 34th:
A resolution to amend SR 43 (Georgia Laws 1949, pages 2120-2121) by providing that the Insurance Commissioner be authorized to expend any funds appropriated to the department necessary in the preparation of this Code for submission to the General Assembly for an act and to provide any appointments shall be made from list of names nominated by the Insurance Commissioner to the Governor; and for other purposes.
HB 115. By Messrs. Sumner of Worth and Greer of Lanier:
A bill to provide for chartering of non-profit corporations to be organized for purpose of furnishing group hospital service; and for other purposes.

1104

JOURNAL OF THE SENATE,

HB 745. By Messrs. Salter and Freeman of Upson:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission; and for other purposes.

HB 844. By Mr. Gross of Stephens:
A bill to amend an act known as the Aid to Dependent Children Act, so as to amend the definition of the term "dependent child"; and for other purposes.

HB 845. By Mr. Gross of Stephens:
A bill to amend an act to provide for more efficient administration of the public welfare laws of this state; and for other purposes.

HB 874. By Messrs. Reed of Cobb, Myers of Sumter, Davis of Bartow and others:
A bill to amend Section 30-101 of the Code of Georgia of 1933 relating to granting of divorces and date of final judgment thereof by making verdict or judgment final upon day the same is granted; and for other purposes.

HB 883. By Messrs. Greene of Crisp, Briscoe of Walton, Twitty of Mitchell, and others:
A bill to provide for the granting by the Director of State Parks, historic sites, and manuments to veterans' organizations chartered by the Congress of the United States; and for other purposes.

HB 910. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved December 18, 1900, so as to change, enlarge and extend the corporate limits of the City of Douglas; and for other purposes.

HB 911. By Messrs. Bargeron and Cates of Burke:
A bill to amend an act incorporating the Town of Sardis in the County of Burke; and for other purposes.

HB 913. By Messrs. Britton and Bledsoe of Whitfield:
A bill to amend the charter of the City of Dalton by increasing the amount of pension from $50.00 to $100.00; and for other purposes.

HR 147. By Messrs. Chastain and Willis of Thomas:
A resolution concerning reconveyance by State of Georgia to the City of Thomasville and County of Thomas lands described herein; and for other purposes.

THURSDAY, FEBRUARY 2, 1950

1105

HR 151. By Messrs. Langdale and Mathis of Lowndes, Hopkins of Charlton and Hinson of Ware:
A resolution to provide that the Governor of Georgia be authorized and directed to execute a deed conveying fractional lot 75 in the lOth District, 1st Section of originally Appling, then Ware, now Charlton County, Georgia, to T. A. Scott of Lowndes County for a consideration of one dollar, and that said deed be delivered to him; and for other purposes.

HR 154. By Messrs. Greene of Crisp, Twitty of Mitchell, Wetherington of Echols and others:
A resolution fixing official name and designation of "Georgia Veterans Memorial State Park"; and for other purposes.

HB 850. By Mr. Myers of Sumter and Murr of Sumter:
A bill to amend an act entitled "An act to amend, revise and consolidate the several acts granting corporate authority to the City of Americus; and for other purposes.

HB 852. By Mr. Mathews of Peach:
A bill to amend the charter of the City of Fort Valley; and for other purposes.

The following resolution was read and adopted:
HR 205. By Messrs. Hinson of Ware, Greene of Crisp, Nightingale of Glynn:
A resolution requesting the United States Collector of Internal Revenue and the Revenue Commissioner of the State of Georgia to extend the time for filing income tax returns by members of the General Assembly of Georgia; and for other purposes.

The following local bills of the Senate and House were read the third time and put upon their passage:
SB 221. By Senator Rich of the 8th:
A bill to amend the charter of the City of Bainbridge to create a new charter for the city; to provide for retirement benefit system and plan 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1106

JOURNAL OF THE SENATE,

HB 721. My Messrs. Mathis, Vandiver and Trice of Bibb:
A bill to amend an act approved August 3, 1927, entitled "an act to reenact the charter of the City of Macon contained in the act approved August 17, 1914, together with the acts amending the same, passed since 1914 with certain changes in said acts; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 793. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act incorporating the City of Douglas and the several amendatory acts thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 810. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend subparagraph 4 of paragraph 5 of Section 24-2714 of the 1933 Code of Georgia which provides that clerks of superior courts shall keep in their offices an execution docket, by adding thereto a clause making said subparagraph inapplicable to counties having a population of 300,000 or more according to the U. S. census of 1940 or any future census; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 819. By Messrs. Griswell and White of Gwinnett:
A bill to amend an act entitled "An act to create a new charter for and a municipal government for the City of Buford; to provide for a city manager; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 2, 1950

1107

HB 827. By Messrs. Langdale and Mathis of Lowndes:
A bill to authorize the officers of any county of this state having a population of not less than 31,500 and not more than 33,000 according to the 1940 U. S. census who have charge of records, to install and use photostatic equipment; and for other purposes.
The report 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 829. By Mr. Baughman of Early:
A bill to amend the act establishing the city court of Blakely, by conferring upon the said court authority to try and adjudicate issues made by counter affidavits filed to dispossessory warrants; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 851. By Messrs. Myers and Murr of Sumter:
A bill to create a system of retirement for employees of the City of Americus; for benefits to such employees due to any accident or illness; and for other purposes.
The report 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 855. By Messrs. Matthews and Baker of Clarke:
A bill to amend the charter of the Town of Athens and the various 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 860. By Messrs. Walton and Alverson of Fulton:
A bill to amend an act establishing a charter for the City of Mountain Park, and the several acts amendatory thereof; and for other purposes.

1108

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 863. By Mr. Smiley of Liberty:

A bill to authorize the commissioners of roads and revenues of the County of Liberty to use funds from any surplus funds in the treasury of said county and in an amount not to exceed five thousand and twenty-five dollars for the purposes of obtaining, maintaining, keeping or establishing a soil conservation experiment station in the County of Liberty; and for other purposes.

The report 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 871. By Mr. Kitchens of Twiggs:
A bill to amend an act entitled "An act to create a board of commissioners of roads and revenues for the County of Twiggs, consisting of five 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 877. By Messrs. Alverson, Walton, Smith of Fulton: A bill to amend the charter of the City of College Park so as to amend the civil service and pension 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 881. By Mr. Holloway of Schley: A bill to amend an act creating a new charter for the City of Ellaville; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 2, 1950

1109

HB 889. By Messrs. Covington, Scoggins and Moulton of Floyd:
A bill to amend Section 42 of the act of 1918, creating a new charter for the City of Rome; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 890. By Messrs. Covington, Scoggins and Moulton of Floyd: A bill to amend Section 53 of the act of 1918, creating a new charter for the City of Rome as amended by the act of 1933; and for other purposes.
The report 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 891. By Messrs. Bolton and Harper of Spalding: A bill to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway Street from the point of intersection thereof with North 13th Street easterly to the point of intersection thereof with Mulberry Street and North lOth Streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 894. By Messrs. Bolton and Harper of Spalding: A bill to authorize and empower the City of Griffin in Spalding County to close and vacate a certain portion of South Ninth Street in 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 899. By Messrs. Hollis, Pickard and Dicus of Muscogee: A bill to provide for, fix, and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1110

JOURNAL OF THE SENATE,

HB 905. By Messrs. Vandiver, Trice and Miller, of Bibb:
A bill to amend an act approved February 6, 1873, and captioned "An act to establish a county board of commissioners of 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 906. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act to establish the City Court of Macon in and for the County of Bibb; by providing for the appointment of a court reporter and secretary to the judge; and for other purposes.
The report 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 908. By Mr. Gross of Stephens:
A bill to incorporate the City of Toccoa, in Stephens County, Georgia, approved July 22, 1903, providing for the appointment of tax assessors; to provide for the selection and appointment of tax assessors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 915. By Mr. Aultman of Houston:
A bill to amend an act to create a new charter for the City of Perry, County to Houston and to reincorporate said city under the name of City of Perry and to define its city limits, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 916. By Messrs. Langdale and Mathis of Lowndes: A bill relating to Lowndes County, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; and for other purposes.

THURSDAY, FEBRUARY 2, 1950

1111

The report 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 920. By Messrs. Alverson, Smith and Walton 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.
The report 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 921. By Mr. Hartley of Crawford: A bill to amend an act approved July 29th, and as contained and set forth in the acts of the General Assembly of Georgia, in 1919, page 636, to prescribe and limit the compensation of the treasurer of Crawford County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 924. By Messrs. Covington, Scoggin and Moulton of Floyd: A bill to amend an act entitled "An act to establish a city court in the County of Floyd" as amended, making the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this state, applicable to said 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 917. By Messrs. Alverson, Smith, and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment:
Amend HB 917 by striking Section 3 thereof and inserting in lieu thereof the following Section 3:

1112

JOURNAL OF THE SENATE,

SECTION 3. Upon certification by any one or more of the judges or recorders of the Recorders' Court of the City of Atlanta that the business of the court is such that additional help is needed to promptly handle the trial of cases therein, the mayor is authorized to designate some practicing attorney or attorneys at law practicing in Atlanta to act temporarily as recorder of said court in order to properly expedite the business thereof, and while so acting such persons shall have all the powers of a recorder of said court.
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.

HB 794. By Messrs. Ellis and Vickers of Coffee:
A bill to amend the charter of the City of Douglas, to provide and empower the City of Douglas to grant pensions to the city employees and their dependents ; and for other purposes.
Senator Purdom of the 46th offered the following amendment:
Amend HB 794 by striking Section 10 thereof and substituting in lieu thereof the following to be known as Section 10:
"Section 10. The term 'employee' as used in this act shall be deemed to embrace and include any person employed by and performing services for which compensation is paid by the City of Douglas."
The amendment was adopted.
Amend HB 794 by striking Section 12 thereof and substituting in lieu thereof the following to be known as Section 12 :
"Section 12. The governing body of the City of Douglas by appropriate ordinance or resolution may, in its sound discretion, substitute the benefits of the federal social security or any part thereof should the Federal Social Security Act ever be amended to include municipal employees. This may in lieu of the benefits flowing from the sections of this act, in whole or in part, or as additional benefits by a combination of benefits from this act and the Federal Social Security 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.

THURSDAY, FEBRUARY 2, 1950

1113

Senator Pilcher of the 19th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Public Health and recommitted to the Committee on State of the Republic:

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners" to provide for the qualifications of the members of said board; and for other purposes.
The consent was granted.

Senator Smith of the 37th asked unanimous consent that the following resolutions of the House be recommitted to the Committee on General Judiciary and the consent was granted:
HR 44. By Messrs. Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn and Durden of Dougherty: A resolution to ratify and confirm the adoption of "Supplemental Report No. 4 pre-trial conferences" as proposed by a Committee of the Bar of this State and adopted by the Supreme Court of Georgia, being an addition to the Rules of Practice and Procedure for appeal and review in pursuapce of the act approved February 16, 1945; and for other purposes.
HR 45. By Messrs. Twitty of Mitchell, Smith of Emanuel and others: A resolution to ratify and confirm the adoption of "Supplemental Report No. 1, General Procedure in Trial Courts" as proposed by a committee of the bar of this state; and for other purposes.
HR 46. By Messrs. Twitty of Mitchell, Smith of Emanuel and others: A resolution to ratify and confirm the adoption of "Supplemental Report No. 3, Admission of Genuineness of Documents", as proposed by a committee of the bar of this state; and for other purposes.
HR 47. By Messrs. Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn, and Durden of Dougherty: A resolution to ratify and confirm the adoption of "Supplemental Report No. 2, General Procedure in Trial Courts"; and for other purposes.

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 218. By Senator Smith of the 37th and Purdom of the 46th:
A bill to authorize the Justices of the Supreme Court to employ seven (7) law assistants; to provide their duties; and to fix their salaries at $5,000.00 each; and for other purposes.
The report of the committee, which was favorable to the passage of the bilL was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed

1114

JOURNAL OF THE SENATE,

SB 175. By Senator Pittman of the 42nd and Senator Foster of the 40th:
A bill to repeal an act prohibiting any person from carrying a pistol or revolver without first having obtained a license from the ordinary of the county; and for other purposes.

Senator Pittman of the 42nd offered the following substitute:
A BILL
To be entitled an act to amend an act entitled "An act to prohibit any person from having or carrying about his person, in any county in the State of Georgia, any pistol or revolver without first having obtained a license from the ordinary of the county of said state in which the party resides and to provide how said license may be obtained and a penalty prescribed for a violation of same; and for other purposes."
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an act entitled, "An act to prohibit any person having or carrying about his person, in any county in the State of Georgia, any pistol or revolver without first having obtained a license from the ordinary of the county of said state in which the party resides, and to provide how said license may be obtained and the penalty prescribed for a violation of the same; and for other purposes", approved August 12, 1910 and embodied in Code Section 26-5104 and 26-5105 be and the same is hereby amended, to wit:
Said two Code Sections are stricken and new Code Sections substituted therefor to wit:
SECTION 2. Code Section 26-5104 License how obtained. Record of License. The ordinary of the county, with the written approval of the Judge of the Superior Court of the county where the applicant resides, may grant a license to applicants 21 years of age, having good characters and who shall make bond payable to the ordinary of said county in the sum of $200.00, conditioned upon the proper and legal use of said weapon, with two (2) individual sureties or one surety company, approved by said ordinary, and said bond shall be payable to said ordinary for the use and benefit of any person injured by the illegal use of said weapon, or his estate, and the ordinary shall keep a record of said licenses and bonds and the names of the fire arms to be carried, the caliber and number of same.
SECTION 3. Code Section 26-5105. Fee and Time of License. The person to whom such license is granted shall pay to the ordinary the sum of $2.00 and said license shall cover a period of two (2) years from the date of granting and said license may be revoked at any time, by the said ordinary or said Superior Court judge.
SECTION 4. All such licenses heretofore granted are revoked, effective January 1, 1951.
SECTION 5. Be it further enacted that all laws and parts of laws in conflict with this act, are hereby repealed.
On the adoption of the substitute, the ayes were 32, nays 2 and the substitute was adopted.

THURSDAY, FEBRUARY 2, 1950

1115

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 32, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Pittman of the 42nd asked unanimous consent that SB 175 be immediately transmitted to the House, and the consent was granted.

HB 726. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act entitled "An act to create a Department of Public Safety for 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:
SR 93. By Senator Blalock of the 36th:
Resolved that the Reverend Mr. Billy Graham be invited to address a joint session of the House of Representatives and the Senate at 12 :30, February 9, 1950 and that invitation also be extended to Mr. Cliff Barrows, vocalist accompanying him.
SB 125. By Senators Overby of the 33rd, Rich of the 8th and Tarver of the 48th:
A bill to regulate the trade practices in the business of insurance; to provide the determination of unfair methods of competition or unfair or deceptive acts by the Insurance Commissioner; to provide a fine for violating the orders of the Insurance Commissioner; and for other purposes.
Senator Turner of the 34th offered the following amendment:
Amend SB 125 by adding a paragraph to section four (4) to be numbered paragraph nine (9) and to read as follows:
"(9) Failing to properly instruct and require that agents shall in the solicitation of insurance and the filling out of applications of insurance on behalf of policyholders, incorporate therein all material facts relevant to the risk being written known to the agent, or which could have been known by proper diligence. Tacitly or indirectly encouraging agents to accept applications either with or without intentional fraud of the policyholder, which contain material misrepresentations or conceal material information which, if stated in the application, would prevent the issuance of the policy, thus collecting premiums under circumstances which void a policy from its inception according to its terms, whereby the company illegally and unjustly receives and retains funds as to policies on which no claims are presented or, if claims are presented,

1116

JOURNAL OF THE SENATE,
the company intends to rely and does rely on the parol evidence rule and other technicalities of the law to protect it from liability."
Further amend SB 125:
The following paragraph to be known as paragraph (c) shall be inserted in said bill next following paragraph (b) in Section eight (8), to wit:
" (c) A transcript of the proceedings before the Commissioner and of his findings shall be filed with such petition. The court may, in his discretion, order additional evidence to be taken before the Commissioner, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken, and he shall file such modified or new findings with the return of such additional evidence."
Further amend SB 125:
The following paragraph be inserted in Section eight (8), to be properly lettered depending upon its place in the section:
"If the court finds that the method of competition complained of is unfair or that the act or practice complained of is unfair or deceptive, he shall so rule. Having so found, if he further finds that the findings of the Commissioner are supported by evidence he shall issue his order enjoining and restraining the continuance of such method of competition, act, or practice.
Further amend SB 125:
So as to provide that the method of reviewing the Commissioner's order shall be by writ of certiorari instead of appeal, and that the Commissioner's findings of fact on proper evidence shall be final, -
By striking paragraph (a) of section nine (9) and inserting in place thereof the following paragraph (a) :
"(a) Any order, decision, or the imposition of any penalty by the Commissioner shall be subject to review by writ of certiorari as now provided by law. The Commissioner's findings upon questions of fact shall be final if sustained by evidence."
By striking the word "appeal" where it appears in the title of said act and inserting in its place the words "review by certiorari."
By striking all reference to the method of appeal in paragraph (c) of Section nine (9), and inserting therein appropriate language to show that the method of review shall be by writ of certiorari, so that said paragraph (c), when so amended, shall read as follows:
" (c) Cease and desist orders issued by the Commissioner under Section seven (7) shall become final: (1) upon the expiration of the time allowed by law for the filing of a petition for the writ of certiorari, if no such petition has been filed within such time, except that the Commissioner may thereafter modify or set aside his order to the extent provided in Section seven (b); or (2) upon the final decision of the court, if the court directs that the order of the Commissioner be affirmed or the writ dismissed."

THURSDAY, FEBRUARY 2, 1950

1117

By striking the. word "appeal" in Section ten (10) and inserting in its place the word "certiorari."
Further amend SB 125:
So that the penalty provided for in Section eleven (11), ranging from a maximum of $50.00 to a maximum of $500.00 depending upon whether the violation of this law is willful, be amended so as to fix the penalty from $50.00 to $1,000.00 in the discretion of the Commissioner, said section when thus amended to read as follows:

"Any person who violates a cease and desist order of the Commissioner under Section seven (7), after it has become final and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Georgia a sum of not less than $50.00 and not exceeding $1,000.00, which may be recovered in a civil action."
Further amend SB 125:
So that Section twelve (12) be amended by adding at the end of said section the following:
"Nothing contained in this act shall be construed as repealing or amending the power of the Commissioner to revoke the license of any insurer or agent thereof, when he is commanded or authorized to do so by existing laws, or on account of a violation of this act."
Further amend SB 125:
By inserting a section to be numbered Section thirteen (13) and to read as follows:
"(13) Where under the terms of this act the Commissioner is required to hold a hearing, he is authorized to appoint a member of his official staff to conduct it, who shall report to the Commissioner in writing all the testimony taken and the proceedings had at the hearing, together with his findings of fact for the Commissioner's action thereon."
I also move that the section numbered thirteen (13) be changed to Section number fourteen (14).
Further amend SB 125:
By adding a paragraph to section four (4), to be appropriately numbered, same to read as follows:
" (4) Requiring or imposing as a condition to the sale of real or personal property or to the financing of the same, or as a condition to the granting of or an extension of a loan which is to be secured by the title to or a lien or any kind on real or personal property, or to the performance of any other act in connection with such sale, financing, or lending whether such person thus acts for himself or for anyone else, whatever, that the insurance or any renewal thereof to be issued on said property as collateral to said sale or loan, shall be written through any particular insurance company or agent; provided that this section shall not apply to a policy purchased by the seller, financer, or lender from his or its own funds and is not charged to the purchaser or borrower in the sale price of the property or the amount of the loan or required to

1118

JOURNAL OF THE SENATE,

be paid for out of his personal funds; provided further that such seller, financer, or lender may disapprove for reasons affecting solvency or other sensible and sufficient reasons, the insurance company selected by the buyer or borrower."
Further amend SB 125:
That paragraph (b) of Section seven (7) dealing with the power of the Commissioner to amend his order, be stricken and the following paragraph be inserted instead:
"(b) The Commissioner may at any time before the serving of a writ of certiorari upon him (as hereinafter provided for), or after the expiration of the time allowed by law for the servicing of such writ, if no such writ has been thus served, amend or set aside in whole or in part any order issued by him under this section, whenever in his opinion the facts and circumstances surrounding the case have so changed as to require such action, or if the public interest shall so require. No change of an order in a manner unfavorable to the person charged, or to the parties at interest, shall be made except after notice and opportunity for hearing. The date of the Commissioner's last order shall be the point of time from which it may be reviewed by writ of certiorari."
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 222. By Senators Smith of the 37th and Purdom of the 46th:
A bill to authorize the Judges of the Court of Appeals to appoint six law assistants; to provide for their duties and qualifications; to fix their salaries at $5,000 per annum each; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

FRIDAY, FEBRUARY 3, 1950

1119

Senate Chamber, Atlanta, Georgia Friday, February 3, 1950

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:

Ayers Blalock Boyett

Harrison Higginbotham Housley

Pilcher Purdom Roddenberry

Brooks Bryant

Jones Land, 51st

Rowland Saunders

Cochran

Land, 24th

Sims

Daniel

Layton

Smith

Davis Dykes

LeCraw Lunsford

Staten Tarver

Florence Foster

Mason Massey

Turner Ursrey

Garrett Grayson Harris

McCoy Overby Peterson

Williams Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today :
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions.
6. Third reading and consideration of general bills and resolutions.
7. The right granted to the president to call up any bill on the calendar in the order that he may desire.
The consent was granted.

1120

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 to wit:

HB 170. By Messrs. Groover of Troup and Harden of Turner:
A bill to create and establish a board of funeral service and to fix and prescribe the powers, duties and authority thereof; and for other purposes.

HB 608. By Mr. Ray of Warren:
A bill governing and regulating distribution, sale, or transportation of insecticides, fungicides, rodenticides, and other economic poisons; and for other purposes.

HB 686. By Messrs. Duncan of Carroll and Smith of Haralson.
A bill to establish a public school bus driver's contract; to determine duration of contract; and for other purposes.

HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the W & A Railroad; and for other purposes.

HB 813. By Messrs. Evitt of Catoosa, Smith of Emanuel, Twitty of Mitchell, and others.
A bill to amend an act approved March 28, 1935, codified as title 91, public property, part 1, state property, chapter 91-1, section 91-111, authority of commission to lease, etc.; and for other purposes.

HB 841. By Messrs. McCracken of Jefferson, Pannell of Murray, and others:
A bill to provide for the payment of costs to clerks of the superior courts, in all the counties of this state in which said clerks are paid on a fee basis, for services rendered in felony cases from county funds whether the defendant is convicted or acquitted; and for other purposes.

HB 867. By Mr. Twitty of Mitchell:
A bill to amend sub-section 4 of section 1 of the Employees Retirement System Act approved February 3, 1949; and for other purposes.

HB 882. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to place the employees of the State Revenue Commissioner under the merit system of personnel administration provided by the act of February 4, 1943; and for other purposes.

FRIDAY, FEBRUARY 3, 1950

1121

HB 896. By Messrs. Rogers of Heard, Ellis of Coffee, and others:
A bill creating a centralized service in the Department of Agriculture for the purpose of recording brands, marks and identification of all domestic animals in order to determine legal ownership; and for other purposes.

HB 901. By Messrs. Bell and Cohen of Richmond, Baughman of Early, and others:
A bill to amend section 49-603 of the Code of Georgia which provides the method of examination for the appointment of a guardian or for commitment to the Milledgeville State Hospital; and for other purposes.

HB 902. By Messrs. Willingham and Reed of Cobb:
A bill to amend subsections 9 and 11 of section 24-2714 of the annotated Code of Georgia so as to provide for the elimination of a filing docket in the office of the clerk of the superior courts of said state; and for other purposes.

HB 926. By Messrs. Howard of DeKalb, Davis of Bartow, and others:
A bill to amend the Georgia Safety Fire Commissioner Act to make clear the provision for subsistence allowance for the Georgia safety fire commissioner; and for other purposes.

HR 133. By Messrs. Miller, Trice and Vandiver of Bibb:
A resolution to authorize the Governor of Georgia to pay to the City of Macon the sum of $3,435.95 as reimbursement to said city of the state's proportionate share of cost of paving, at request of the state; and for other purposes.

HR 149. By Messrs. Watford of Long, Lewis of Hancock, and others:
A resolution proposing to the qualified voters of Georgia an amendment to article VII, section 1, paragraph 11, sub-paragraph 1, of the Constitution of the State of Georgia; and for other purposes.
HR 166. By Mr. Kennedy of Tattnall:
A resolution by the House, the Senate concurring, that the State Board of Corrections be authorized and directed to pay the clerk of Superior Court of Tattnall County total costs due in habeas corpus proceedings; and for other purposes.
HB 862.By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend section 29-420 of the Code of Georgia of 1933, which section relates to the method of recording instruments affecting title to land; and for other purposes.

HB 864. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to authorize the ordinary in counties of this state to install and use photostatic or other photographic equipment; and for other purposes.

1122

JOURNAL OF THE SENATE,

HB 868. By Mr. Twitty of Mitchell:
A bill authorizing the counties, county boards of public instruction and others to deduct from the salaries and wages of their respective employees, and remit the same periodically to insurance companies in consideration of insurance to be furnished to said employees upon group basis; and for other purposes.

HB 878. By Messrs. Ray of Warren, Smith of Emanuel, and others:
A bill to amend an act approved February 25, 1949, the same being known as the "General Appropriations Act"; and for other purposes.

HB 923. By Messrs. Mangum of Columbia, Drinkard of Lincoln, and others:
A bill to authorize and direct the state treasurer to pay to the Counties of Columbia and Lincoln, and such other counties as may hereafter become entitled, certain funds due same, arising from the Flood Control Act; and for other purposes.

HB 962. By Mr. Jones of Lumpkin:
A bill to extend the provisions of the merit system act approved February 4, 1943, to include the employees of the State Department of Mines, Mining and Geology; and for other purposes.

HB 965. By Messrs. Smith of Fulton and Smith of Emanuel:
A bill to authorize the withholding of portions of the salary or compensation of employees of the state and others for the purchase of United States savings bonds; and for other purposes.

HB 977. By Messrs. Aycock of Jenkins and Walton of Fulton:
A bill amending the act of the General Assembly creating senatorial districts; and for other purposes.

HB 1013. By Messrs. Vickers and Galloway of Colquitt, and others:
A bill to amend an act entitled "An act to provide for license and excise taxes upon the business of dealing in malt beverages"; and for other purposes.
HB 1026. By Mr. McCracken of Jefferson:
A bill to amend chapter 68-6 of the Georgia Code of 1933, as amended, dealing with the regulation by the Georgia Public Service Commission of common carriers; and for other purposes.
HB 1040. By Messrs. Gillis of Treutlen and Lewis of Hancock:
A bill to amend the act known as the "soil conservation districts law"; and for other purposes.
HR 174. By Messrs. Baggett of Grady, Chastain of Thomas, and others: A resolution to pay damages caused by a highway truck while being used for highway purposes; and for other purposes.

FRIDAY, FEBRUARY 3, 1950

1123

HR 176. By Mr. McCracken of Jefferson:
A resolution to compensate John D. Gavin for medical and hospital expenses; and for other purposes.

HR 188. By Mrs. Blitch of Clinch:
A resolution to authorize the Governor to sell five (5) acres of land located in Clinch County; and for other purposes.

HR 200. By Messrs. Mathews of Peach, Vandiver of Bibb, and others:
A resolution giving authority to State Board of Education to sell property on which colored school for blind, in Macon, is located; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees :
SB 239. By Senator Eve of the 18th:
A bill to amend Code section 30-107 by changing the time of residence for a person to obtain a divorce from twelve months to six months; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 240. By Senator Overby of the 33rd:
A bill to amend the act creating the office of supervisor of purchases, by providing that after contracting under competitive bids and after certification by the supervisor of purchases to different departments, they may requisition materials and equipment required by them from the supply so certified ; and for other purposes.
Referred to the Committee on State of the Republic.
HB 170. By Messrs. Grover of Troup and Harden of Turner: A bill to create and establish a board of funeral service and to fix and prescribe the powers, duties and authority thereof; and for other purposes.
Referred to the Committee on Insurance.
HB 608. By Mr. Ray of Warren: A bill governing and regulating distribution, sale, or transportation of insecticides, fungicides, rodenticides, and other economic poisons; and for other purposes.
Referred to the Committee on Agriculture.
HB 686. By Messrs. Duncan of Carroll and Smith of Haralson: A bill to establish a public school bus driver's contract; to determine duration of contract; and for other purposes.
Referred to the Committee on Education.

1124

JOURNAL OF THE SENATE,

HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and others:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of theW. & A. railroad; and for other purposes.
Referred to the Committee on Western and Atlantic Railroad.

HB 813. By Messrs. Evitt of Catoosa, Smith of Emanuel, Twitty of Mitchell, and others:
A bill to amend an act approved March 28, 1935, codified as title 91, public property, part 1, state property, chapter 91-1, section 91-111, authority of commission to lease, etc.; and for other purposes.
Referred to the Committee on State of the Republic.

HB 841. By Messrs. McCracken of Jefferson, Pannell of Murray, and others:
A bill to provide for the payment of costs to clerks of the superior courts, in all the counties of this state in which said clerks are paid on a fee basis, for services rendered in felony cases from county funds whether the defendant is convicted or acquitted; and for other purposes.
Referred to the Committee on General Judiciary.

HB 867. By Mr. Twitty of Mitchell:
A bill to amend sub-section 4 of section 1 of the Employees Retirement System Act approved February 3, 1949; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 882. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to place the employees of the State Revenue Commissioner under the merit system of personnel administration provided by the act of February 4, 1943; and for other purposes.
Referred to the Committee on State of the Republic.

HB 896. By Messrs. Rogers of Heard, Ellis of Coffee, and others:
A bill creating a centralized service in the Department of Agriculture for the purpose of recording brands, marks and identification of all domestic animals in order to determine legal ownership; and for other purposes.
Referred to the Committee on Agriculture.

HB 901. By Messrs. Bell and Cohen of Richmond, Baughman of Early, and others:
A bill to amend section 49-603 of the Code of Georgia which provides the method of examination for the appointment of a guardian or for commitment to the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on General Judiciary.

FRIDAY, FEBRUARY 3, 1950

1125

HB 902. By Messrs. Willingham and Reed of Cobb:
A bill to amend subsections 9 and 11 of section 24-2714 of the annotated Code of Georgia so as to provide for the elimination of a filing docket in the office of the clerk of the superior courts of said state; and for other purposes.
Referred to the Committee on General Judiciary.

HB. 926. By Messrs. Howard of DeKalb, Davis of Bartow, and others: A bill to amend the Georgia Safety Fire Commissioner Act to make clear the provision for subsistence allowance for the Georgia safety fire commissioner; and for other purposes.
Referred to the Committee on General Judiciary.
HR 133. By Messrs. Miller, Trice and Vandiver of Bibb: A resolution to authorize the Governor of Georgia to pay to the City of Macon the sum of $3,435.95 as reimbursement to said city of the state's proportionate share of cost of paving, at request of the state; and for other purposes.
Referred to the Committee on Appropriations.
HR 149. By Messrs. Watford of Long, Lewis of Hancock, and others:
A resolution proposing to the qualified voters of Georgia an amendment to article VII, section 1, paragraph 11, sub-paragraph, of the Constitution of the State of Georgia; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HB 862. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend section 29-420 of the Code of Georgia of 1933, which section relates to the method of recording instruments affecting title to land; and for other purposes.
Referred to the Committee on State of the Republic.
HB 864. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to authorize the ordinary in counties of this state to install and use photostatic or other photographic equipment; and for other purposes. Referred to the Committee on State of Republic:
HB 868. By Mr. Twitty of Mitchell:
A bill authorizing the counties, county boards of public instruction and others to deduct from the salaries and wages of their respective employees, and remit the same periodically to insurance companies in consideration of insurance to be furnished to said employees upon group basis; and for other purposes. Referred to the Committee on Insurance.

HB 878. By Messrs. Ray of Warren, Smith of Emanuel, and others:
A bill to amend an act approved February 25, 1949, the same being known as the "General Appropriations Act"; and for other purposes.
Referred to the Committee on Appropriations.

1126

JOURNAL OF THE SENATE,

HB 923. By Messrs. Mangum of Columbia, Drinkard of Lincoln, and others:
A bill to authorize and direct the state treasurer to pay to the counties of Columbia and Lincoln, and such other counties as may hereafter become entitled, certain funds due same, arising from the Floor Control Act; and for other purposes.
Referred to the Committee on Appropriations.

HB 962. By Mr. Jones of Lumpkin:
A bill to extend the provisions of the Merit System Act approved February 4, 1943, to include the employees of the State Department of Mines, Mining and Geology; and for other purposes.
Referred to the Committee on Conservation.

HB 965. By Messrs. Smith of Fulton and Smith of Emanuel:
A bill to authorize the withholding of portions of the salary or compensation of employees of the state and others for the purchase of United States savings bonds; and for other purposes.
Referred to the Committee on Insurance.

HB 977. By Messrs. Aycock of Jenkins and Walton of Fulton: A bill amending the act of the General Assembly creating senatorial districts ; and for other purposes.
Referred to the Committee on State of the Republic.

HB 1013. By Messrs. Vickers and Galloway of Colquitt, and others:
A bill to amend an act entitled "An act to provide for license and excise taxes upon the business of dealing in malt beverages"; and for other purposes.
Referred to the Committee on Temperance.

HB 1026. By Mr. McCracken of Jefferson:
A bill to amend chapter 68-6 of the Georgia Code of 1933, as amended, dealing with the regulation by the Georgia Public Service Commission of common carriers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1040. By Messrs. Gillis of Treutlen and Lewis of Hancock: A bill to amend the act known as the "soil conservation districts law"; and for other purposes.
Referred to the Committee on Conservation.

HR 174. By Messrs. Baggett of Grady, Chastain of Thomas, and others: A resolution to pay damages caused by a highway truck while being used for highway purposes; and for other purposes.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 3, 1960

1127

HR 176. By Mr. McCracken of Jefferson:

A resolution to compensate John D. Gavin for medical and hospital expenses; and for other purposes.

Referred to the Committee on Appropriations.

HR 188. By Mrs. Blitch of Clinch:
A resolution to authorize the Governor to sell five (5) acres of land located in Clinch County; and for other purposes.
Referred to the Committee on Game and Fish.

HR 200. By Messrs. Mathews of Peach, Vandiver of Bibb, and others:
A resolution giving authority to State Board of Education to sell property on which colored school for blind, in Macon, is located; and for other purposes.
Referred to the Committee on Public Welfare.

HR 166. By Mr. Kennedy of Tattnall:
A resolution by the House, the Senate concurring, that the State Board of Corrections be authorized and directed to pay the clerk of the Superior Court of Tattnall County, the amount of $794.76, total costs due in habeas corpus proceedings; and for other purposes.
Referred to the Committee on Appropriations.

Mr. Ayers of the 13th 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 236. Do Pass.

SB 237. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

1128

JOURNAL OF THE SENATE,

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 898. Do Pass.

SB 207. Do Pass.

Respectfully submitted, Tarver of 48th District, Chairman

Mr. Higginbotham of the 31st 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 796. Do Pass as amended.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Brooks of the 50th 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 resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 86. Do Not Pass.

SR 78. Do Pass.

Respectfully submitted, Brooks of 50th District, Chairman

FRIDAY, FEBRUARY 3, 1950

1129

Mr. Overby of the 33rd 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 600. Do Pass. HB 723. Do Pass. HB 784. Do Pass.

Respectfully submitted, Overby of 33rd District, Chairman

Mr. Smith of the 37th 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 and resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SR 92. Do Pass. SB 219. Do Pass as amended. SB 231. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. McCoy of the 4th 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
bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 229. Do Pass.
Respectfully submitted, McCoy of 4th District, Chairman

1130

JOURNAL OF THE SENATE,

Mr. Boyett of the 11th District, chairman of the Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions 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 127. Do Pass as amended.

Respectfully submitted, Boyett of 11th District, Chairman

Mr. Smith of the 37th 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 has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

SB 234. Do Pass.

SB 235. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Zellner of the 22nd District, chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education 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 798. Do Pass.

Respectfully submitted, Zellner of 22nd District, Chairman

FRIDAY, FEBRUARY 3, 1950

1131

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted 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 569. Do Pass.

HB 760. Do Pass.

Respectfully submitted, Stark of 35th District, Chairman

Mr. Jones of the 38th District, chairman of the Committee on Penal Institutions, submitted the following report:

Mr. President:
Your Committee on Penal Institutions 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 401. Do Pass.

Respectfully submitted, Jones of 38th District, Chairman

Mr. Smith of the 37th 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 224. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations 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 88. Do Pass.

Respectfully submitted, Purdom of 46th District, Chairman

1132

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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 th~ 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 175. SB 218. SB 221. SB 222. SB 125. SB 192. SB 228. SR 93. SR 89.

Respectfully submitted, Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 207. By Senator Roddenberry of the 3rd:
A bill to regulate identification of sellers of cattle and hogs within this state; to provide for registering of name and address with license tafi number of automobile or truck of each seller by the operator of auction sales barn and other buyers of live stock and hogs; and for other purposes.
SB 219. By Senators Foster of the 40th and Bryant of the 43rd:
A bill to amend Code section 30-102 relating to grounds for divorce by adding "incurable insanity" as grounds for total divorce; and for other purposes.
SB 229. By Senators Daniel of the 49th and Mason of the 28th:
A bill revising the adoption laws of this state so as to provide that when a child has been placed in a church orphanage of this state, the governing authority thereof shall make the investigation and report of adoption in lieu of the State Department of Public Welfare; and for other purposes.
SB 224. By Senator Eve of the 18th:
A bill to amend Code section 30-112 to provide that title to real property shall not be affected by the filing of suit for divorce, unless a notice of lis pendens has been filed with the clerk of the court in the county where the real property is situated; and for other purposes.

FRIDAY, FEBRUARY 3, 1950

1133

SB 231. By Senator Overby of the 33rd:
A bill to amend an act known as "Eggs; marketing regulations", as amended March 8, 1937 (Ga. Laws 1937, page 639) by inserting a section 2 in lieu of the section 2 which was stricken by providing that containers of one half dozen or more eggs offered for sale in Georgia which were shipped or transported from without the state, shall be marked "shipped" with date and place of production, size and grade of the eggs and the letters "cold storage" or "processed" if either is the case; and for other purposes.

SB 236. By Senator Florence of the 39th:
A bill to repeal ali' act creating nine members of the Board of Commissioners of Roads and Revenues for Douglas County approved December 22, 1937; to provide for a referendum; and for other purposes.

SB 237. By Senator Florence of the 39th:
A bill to create the office of Commissioner of Roads and Revenues for Douglas County; to provide forelection of commissioners; and for other purposes.

SB 234. By Senator Purdom of the 46th:
A bill to repeal an act approved February 17, 1949 (Ga. Laws 1949, page 695) known as the "Unfair Cigarette Sales Act"; and for other purposes.

SB 235. By Senators Tarver of the 48th and Purdom of the 46th:
A bill to amend the act relating to cigar and cigarette license tax so as to reduce the discount allowed wholesalers, jobbers and distributors for handling cigar and cigarette stamps; and for other purposes.

SR 78.

By Senator Grayson of the 1st:
A resolution proposing an amendment to article VI, section V, paragraph I of the Constitution so as to authorize the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia; and for other purposes.

SR 88.

By Senator Eve of the 18th:
A resolution providing that the State of Georgia reimburse Hanry Mack in the sum of $136.25 for damage done his car on or about March 3, 1948; and for other purposes.

SR 92.

By Senator Purdom of the 46th:
A resolution authorizing the State Board of Education to sell the property now used as the Academy for the Colored Blind in Macon; and for other purposes.

HR 127. By Mr. Alverson of Fulton:
A resolution to award a gold medal posthumously to Captain William A. Fuller for his initiative and persistence beyond the call of duty; and for other purposes.

1184

JOURNAL OF THE SENATE,

HB 401. By Mr. Howard of DeKalb:
A bill to establish a probation system to be administered and controlled by State Board of Pardons and Paroles as a part of function and duties of said board; and for other purposes.

HB 569. By Messrs. Langdale of Lowndes, Wilkes of Cook, and Wetherington of Echols:
A bill to revise and amend the game and fish laws of the State of Georgia; to create a State Board of Game and Fish; and for other purposes.

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the Georgia Board of Naturopathic Examiners; to provide for the qualifications of the members of said board; and for other purposes.

HB 723. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and others :
A bill to create a "Department of Institutions" to name the institutions under its control; and for other purposes.

HB 760. By Mr. Alverson of Fulton:
A bill to allow any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia; and for other purposes.

HB 784. By Mr. Stanton of Newton:
A bill to set up state-wide control of foxes infected with rabies; and for other purposes.
HB 796. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
HB 798. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to authorize the board of education of any county having a city of 200,000 or more lying in whole or in part within its boundaries to enter into contracts for group, life, health or accident insurance; and for other purposes.
HB 898. By Messrs. Stevens of Marion, Collier of Oglethorpe, and others:
A bill governing the size or weight content of fertilizer bags or containers and prescribe the methods evidence tax payment on fertilizer; and for other purposes.

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

FRIDAY, FEBRUARY 3, 1950

1135

SB 228. By Senator Clary of the 29th:
A bill to amend an act to create and establish a new charter for the Town of Harlem; and for other purposes.
The report 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 750. By Mr. Kemp of Clayton:
A bill to create and incorporate the City of Lake Tara; and for other purposes.

Senator Swint of the 26th offered the following amendment:
Amend HB 750 by striking the following in Section 2:
"thence Easterly Six Hundred Fifty (650) feet, more or less, to the East side of a public road running along the East side of the Central of Georgia Railroad; thence South along the East side of said public road Nine Hundred Fifteen (915) feet, more or less to a made corner; Thence Westerly Nineteen Hundred Eighty Seven (1987) feet to a made corner; thence North One Hundred Sixty Two (162) feet to the South side of Dixie Drive; thence Westerly along the South side of Dixie Drive Eleven Hundred Forty Eight (1148) feet and the point of beginning. A plat of said area being in the Office of the Clerk of said City and by reference made a part of this description,"
and inserting in lieu thereof as follows :
"thence Easterly four hundred (400) feet more or less to the East side of State Highway 54; thence southerly along the East side of said Highway 54 nine hundred fifteen (915) feet, more or less, to a made corner; thence westerly seventeen hundred eighty-seven (1787) feet, more or less, to a made corner; thence north one hundred sixty-two (162) feet to the south side of Dixie Drive; thence westerly along the south side of Dixie Drive eleven hundred forty-eight (1148) feet to a made corner and the point of beginning, a plat of said area being in the office of the Clerk of said city and by reference made a part of this description."
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.

HB 911. By Messrs. Bargeron and Cates of Burke:
A bill to amend an act incorporating the Town of Sardis in the County of Burke; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1136

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 913. By Messrs. Britton and Bledsoe of Whitfield:
A bill to amend the charter of the City of Dalton by increasing the amount of pension from $50.00 to $100; and for other purposes.
The report 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 850. By Messrs. Myers and Murr of Sumter:
A bill to amend an act to revise and consolidate the several acts granting corporate authority to the City of Americus, to confer additional power upon the mayor and city council of Americus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 852. By Mr. Mathews of Peach:
A bill to amend the charter of the City of Ft. Valley as amended by an act of the General Assembly approved August 13, 1909, so as to provide that the mayor of the City of Ft. Valley, and his successors in office, shall, by virtue of his office be a member of the board of water and light commissioners of the City of Ft. Valley; and for other purposes.
The report 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 910. By Messrs. Ellis and Vickers of Coffee:
A bill to amend an act approved December 18, 1900, so as to change, enlarge and extend the corporate limits of the City of Douglas, in Coffee 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.

A sealed communication was received from His Excellency, the Governor, through Honorable Benton Odum, executive secretary.

FRIDAY, FEBRUARY 3, 1950

1137

Senator Pilcher of the 19th asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
.The Senate went into executive session at 10 :40 o'clock.

The following communication was dispatched to His Excellency the Governor, through George D. Stewart, Secretary of the Senate:

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

February 3, 1950

Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows :
Nominations sent to the Senate by you this date, February 3, 1950, were confirmed as follows :
Miss Lillian Presnell, of the County of Thomas, to be a Member of the Board of Examiners of Nurses for a term beginning September 29, 1949, and ending September 23, 1951. The vote on this confirmation was ayes 41, nays 0.
Mrs. Myra Bonner, of Baldwin County, to be a Member of the Board of Examiners of Nurses, for a term beginning September 29, 1949, and ending September 23, 1951. The vote on this confirmation was ayes 41, nays 0.
Honorable Hamilton Burch, of Lowndes County, to be Solicitor of the City Court of Valdosta, for a term beginning 27th day of December, 1949, and ending December 11, 1953. The vote on this confirmation was ayes 41, nays 0.
Honorable Frank B. Stow, of Hall County, to be Assistant Attorney General, for a term beginning March 15, 1949, and continuing at the pleasure of the Governor and Attorney General, as provided by law. The vote on this confirmation was ayes 41, nays 0.
Dr. W. R. Gilbert, of Spalding County, to be a Member of the Georgia State Board of Examiners in Optometry, for a term beginning September 6, 1950, and ending September 6, 1953. The vote on this confirmation was ayes 41, nays 0.
Dr. S. H. Yarbrough, of Muscogee County, to be a Member of the Board of Dental Examiners, for a term beginning August 1, 1950, and ending August 1, 1955. The vote on this confirmation was ayes 41, nays 0.
Dr. F. W. Allen, of Elbert County, to be a Member of the State Board of Veterinary Examiners, for a term beginning September 16, 1950, and ending September 16, 1955. The vote on this confirmation was ayes 41, nays 0.

1138

JOURNAL OF THE SENATE,

Honorable Stephen Graham Bland, of Webster County, to be a Member of the Georgia Citizens Council, for a term beginning July 1, 1950, and ending July 1, 1954, The vote on this confirmation was ayes 41, nays 0.
Honorable John Gordon Knox, Jr., of Jeff Davis County, to be a Member of the Georgia Citizen Council, for a term beginning July 1, 1950, and ending July 1, 1954. The vote on this confirmation was ayes 41, nays 0.
Honorable Elmore C. Thrash, of Richmond County, to be a Member of the Georgia Citizens Council, for a term beginning July 1, 1950, and ending July 1, 1954. The vote on this confirmation was ayes 41, nays 0.
Honorable Frank Craton, of Chattooga County, to be a Member of the Georgia Citizens Council, for a term beginning July 1, 1950, and ending July 1, 1954. The vote on this confirmation was ayes 41, nays 0.
Honorable Harold Gates, of Taylor County, to be a Member of the Georgia Citizens Council, for a term beginning July 1, 1950, and ending July 1, 1954. The vote on this confirmation was ayes 41, nays 0.
Honorable Reese Vaughn, of Monroe County, to be a Member of the Georgia Citizens Council, for a term beginning July 1, 1950, and ending July 1, 1954. The vote on this confirmation was ayes 41, nays 0.
Respectfully yours,
George D. Stewart

The Senate reconvened in regular session at 11 o'clock A. M. and resumed the regular order of business.
The following general bills and resolutions were read the third time and put upon their passage:
SR 89. By Senators Ayers of the 13th, Smith of the 37th, and Stark of the 35th:
A RESOLUTION
Proposing to the qualified voters an amendment to Paragraph VII, Section I, Article V of the Constitution of the State of Georgia, so as to increase the compensation of the Lieutenant Governor from $2,000 per annum to $5,000 per annum; to provide for the submission of the amendment for ratification or rejection of the people; to repeal all conflicting laws; and for other purposes.
Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same:
Section 1.
Upon the approval of this Resolution in the manner hereinafter provided, Paragraph VII of Section I of Article V, the same relating to the Lieutenant Governor, be and the same is hereby amended by striking from the second sentence of said paragraph the following figures "$2,000," and substituting in lieu thereof the figure "$5,000," so that said paragraph as amended shall read as follows:

FRIDAY, FEBRUARY 3, 1950

1139

"There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be president of the Senate and shall receive the sum of $5,000 per annum. In case of the death, resignation, or disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability, shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.

Section 2.
When this amendment shall have been approved by the requisite two thirds of the members of each House of the General Assembly of the State of Georgia, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and 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. At said election the ballots shall have printed thereon, "For amendll,lent to Paragraph VII, Section I, Article V of the Constitution of the State of Georgia, to increase the compensation of the Lieutenant Governor from $2,000 per annum to $5,000 per annum" and "against amendment to Paragraph VII, Section I, Article V of the Constitution of the State of Georgia, to increase the compensation of the Lieutenant Governor from $2,000 per annum to $5,000 per annum". If a majority of the qualified voters at said election shall vote "for" the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the State shall make proclamation thereof.

Section 3.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1140

JOURNAL OF THE SENATE,

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

Ayers Blalock Boyett Brooks Bryant Cochran Daniel Davis Florence Foster Garrett Grayson Harris

Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Overby

Peterson Pilcher Purdom Roddenberry Rowland Saunders Sims Smith Stark Tarver Turner Ursrey Zellner

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

SB 192. By Senator Harrison of the 17th:
A bill providing for the formation of non-profit telephone cooperative corporations; providing the rights, powers, and duties of such cooperatives; provide classification with regard to jurisdiction of Public Service Commission; regulating issuance of obligation by such cooperatives; providing classification of obligations and the membership certificates and shares of stock of such cooperatives with respect to regulations; authorizing construction, maintenance and operation of telephone lines; authorizing the power of eminent domain; and for other purposes.

The Committee on Public Utilities offered the following substitute:
A BILL
An Act providing for the formation of nonprofit, telephone cooperative corporations for the purpose of engaging in furnishing telephone service in rural areas to the widest practicable number of users of such service; providing for the rights, powers and duties of such cooperatives, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such cooperatives; providing for the payment of such obligations and the rights of the holders thereof, and the classification of such obligations and the membership certificates and shares of stock of such cooperatives with respect to regulation; authorizing existing corporations organized for the same general purposes to convert hereunder, and become subject hereto, and to consolidate and convert hereunder; authorizing such cooperatives to construct, maintain and operate telephone lines along, upon and under and across publicly owned lands and public thoroughfares; to exercise the power of eminent domain and to exercise any other powers

FRIDAY, FEBRUARY 3, 1950

1141

necessary, convenient or appropriate to accomplish the purpose for which such cooperatives are organized; and providing for the merger, consolidation and dissolution of such cooperatives.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
SECTION 1. Short Title. This Act may be cited as the "Rural Telephone Cooperative Act."
SECTION 2. Purpose. Cooperative, nonprofit corporations may be organized under this Act for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service.
SECTION 3. Definitions. In this Act:
(a) "Cooperative" means any corporation organized under this Act or which becomes subject to this Act in the manner hereinafter provided; and
(b) "Person" means any natural person, firm, association, corporation, business trust, or partnership.
(c) "Telephone service" means any communication service whereby voice communication through the use of electricity and wire connections between the transmitting and receiving apparatus is the principal intended use thereof, and shall include all telephone lines, facilities or systems used in the rendition of such service.
(d) "Rural area" means any area within this State which is located outside (1) the boundaries of an incorporated or unincorporated city, town, village, or borough having a population in excess of one thousand inhabitants according to the last preceding Federal census, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village, or borough.
(e) "Telephone company" means any natural person, firm, association, corporation, partnership, cooperative, non-profit, membership corporation, or limited dividend or mutual association owning, leasing or operating any line, facility or system used in the furnishing of telephone service within this State.
SECTION 4. Powers. A cooperative shall have power:
(a) To sue and be sued in its corporate name;
(b) To have an initial existence for a term of fifty years with right of renewal for one or more like terms unless a shorter term is stated in the Articles of Incorporation;
(c) To adopt a corporate seal and alter the same;
(d) To furnish, improve and expand telephone service in rural areas to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten per centum of the number of its members, provided, however, that, without regard to said ten per centum limitation, telephone service may be made available by a cooperative through interconnection of facilities to any number of subscribers of other telephone systems, and through pay stations to any number of users; and provided, further, that a cooperative which acquires existing telephone

1142

JOURNAL OF THE SENATE,
facilities in rural areas may continue service to persons, not in excess of forty per centum of the number of its members, who are already receiving service from such facilities without requiring such persons to become members but such persons may become members upon such terms as may be prescribed in the bylaws; and provided, further, that no cooperative shall furnish any telephone service in any area or territory professed to be served by any telephone company unless such telephone company is unable or unwilling to furnish or extend reasonably adequate telephone service in such area or territory;
(e) To construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines, facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized; provided, that no cooperative shall construct, purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities or system, lands, buildings, structures, plants and equipment, exchanges, or any other real or personal property, tangible or intangible, within (1) the boundaries of any incorporated or unincorporated city, town, village, or borough within this State having a population in excess of one thousand inhabitants to the last preceding Federal census, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village or borough;
(f) To connect and interconnect its telephone lines, facilities or systems with other telephone lines, facilities or systems; provided, that any such connection or interconnection shall be in such manner and according to such specifications as will avoid interference with or hazards to existing telephone lines, facilities or systems;
(g) To make its facilities available to persons furnishing telephone service within or without this State;
(h) To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights, privileges, licenses and easements;
(i) To issue membership certificates and non-voting shares of stock as hereinafter provided;
(j) To borrow money and otherwise contract indebtedness, and to issue or guarantee notes, bonds, and other evidences of indebtedness, and to secure the payment thereof by mortgage, pledges, deed of trust, or security deed, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, or revenues;
(k) To construct, maintain and operate telephone lines along, upon, under and across publicly owned lands and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges and causeways;

FRIDAY, FEBRUARY 3, 1950

1143

(I) To exercise the power of eminent domain in the manner provided by the laws of this State for the exercise of such power by other corporations constructing or operating telephone lines, facilities or systems;
(m) To become a member of other cooperatives or corporations or to own stock therein;
(n) To conduct its business and exercise its powers within or without this State;
(o) To adopt, amend and repeal bylaws;
(p) To make any and all contracts necessary, convenient or appropriate for the full exercise of the powers herein granted; and
(q) To do and perform any other acts and things, and to have and exercise any other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized.
SECTION 5. Power of Superior Court and the Judges thereof. The Superior Court shall have power, by compliance with the provisions of this Act, to create cooperatives, to approve amendments to articles of incorporation of cooperatives, to approve articles of conversion and combined articles of consolidation and conversion of existing corporations proposing to become subject to the provisions of this Act, to approve articles of consolidation of cooperatives, to approve articles of merger of cooperatives, and to approve articles of dissolution of coperatives. The judges of the Superior Court are authorized and empowered to make orders and decrees pursuant to this Act in vacation at chambers in the county where the application for such order or decree is pending or in any county forming a part of the judicial circuit in which the application is pending, in the same manner and as fully and amply as the said Judges could do in term time.
SECTION 6. Name. The name of the cooperative shall include the words "Telephone" and "Cooperative," and the abbreviation "Inc." unless, in an affidavit made by its president and vice-president, and filed wi~h the Clerk of the Superior Court of the county in which the principal office of the cooperative is located, and with the Secretary of State, or in an affidavit made by a person signing articles of incorporation, consolidation, merger or conversion, which relate to such cooperative, and presented concurrently with the presentation for approval of any such articles to the Superior Court or a Judge thereof, and filed with the Secretary of State, it shall appear that the cooperative desires to do business in another state and is or would be precluded therefrom by reason of the inclusion of such words or either thereof in its name. This section shall not apply to any corporation which becomes subject to this Act by complying with the provisions of section 31 of the Act, or which does business in this State pursuant to section 39 of this Act and which elects to retain a corporate name which does not comply with this section.
SECTION 7. Incorporators. Five or more persons, including cooperatives, may organize a cooperative in the manner hereinafter provided.
SECTION 8. Articles of Incorporation. Articles of incorporation of a cooperative shall recite that they are executed pursuant to this Act and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of the incorporators; and

1144

JOURNAL OF THE SENATE,
(4) the names and addresses of tis trustees; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of its business, including provisions for the issuance of non-voting shares of stock as hereinafter provided. Such articles shall be signed by each incorporator and acknowledged by at least two of the incorporators, or on their behalf, if they are cooperatives. It shall not be necessary to recite in the articles of incorporation of a cooperative the purpose for which it is organized or any of its corporate powers. If a cooperative desires to issue non-voting shares of stock, its articles of incorporation shall state: (1) the total number of such shares of stock which may be issued and the par value of each share; (2) the fixed or maximum rate of dividends on the par value of such shares of stock, in either case not exceeding four per centum per annum, and whether dividends shall be cumulative or noncumulative; (3) whether such shares of stock may be issued to members only or to members and non-members; (4) the maximum number of such shares of stock which may be owned by any person; and (5) the terms and conditions on which such shares of stock may be transferred, redeemed and retired.
SECTION 9. Presentation of Articles to Superior Court or Judge Thereof for Approval of Same. The articles of incorporation, executed and acknowledged in accordance with section 8 of this Act, shall be presented, by application signed by two of the persons who signed the articles of incorporation, to the Superior Court of the county in which the principal office of the cooperative is to be located, or to the Judge of the Superior Court of that county in vacation, or in the event that the Judge of the Superior Court of said county is absent from the circuit, disqualified, or for illness or other reason can not act in the premises, then to any Judge of the Superior Court of this State. The application shall be accompanied by a certificate of the Secretary of State declaring that the name of the proposed cooperative is not the name of any other then existing corporation registered in the records of the Secretary of State, and by such affidavits as may be required by applicable provisions of this Act.
SECTION 10. Order of Judge. Upon presentation of the Articles of Incorporation to the Superior Court, or to the Judge of the Superior Court, as stated above, the Judge shall examine the same and if it shall appear to the Judge that the articles of incorporation are legitimately within the purview and intention of the laws of this State, the judge shall pass an order approving the articles of incorporation. The application, including the articles of incorporation, and the order thereon, shall constitute the charter of the cooperative named therein.
SECTION 11. Filing of Application and Articles of Incorporation. The applicants shall file the application, including the articles of incorporation, with the order of the Judge thereon, in the office of the Clerk of the Superior Court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewith deposit with and pay to said Clerk the fee hereinafter provided for.
SECTION 12. Affidavit of Publisher. The applicants shall submit to the Clerk, along with the articles of incorporation, an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation in the county where the principal office of the cooperative is to be located, that there has been deposited with said newspaper the cost of publishing four insertions of the articles of incorporation and order of the Judge thereon once a week for four weeks.

FRIDAY, FEBRUARY 3, 1950

1145

SECTION 13. Advertisement. When to be Published. The first of said advertisements shall appear within one week after the filing of the articles of incorporation as provided in section 11 unless otherwise ordered by the court. It shall not be necessary that any of the advertisements appear prior to the granting by the Judge of the charter.
SECTION 14. Certified Copies of Application and Order. Upon the filing of the articles of incorporation with the order of the Judge thereon with the Clerk of the Superior Court and the fee being paid as aforesaid, the Clerk shall forthwith deliver to the applicants or their attorney two certified copies of the articles of incorporation and the order of the Judge thereon, and the filing of the Clerk thereon and receipt for the cost which has been paid to the Clerk.
SECTION 15. Copy Filed with Secretary of State. Upon receiving the two certified copies of said articles of incorporation and order of Judge thereon, the applicants or their attorney shall present the same to the Secretary of State for registration and recordation and shall concurrently therewith pay to the Secretary of State for the use of the State, the fee hereinafter provided for.
SECTION 16. Certificate of Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of articles of incorporation with order of the Judge thereon, which articles of incoroporation with the order of the Judge thereon constitute the charter of the corporation as granted by the Superior Court, a certificate in substantially the following form:

State of Georgia
Office of the Secretary of State
Ex Officio Corporation Commissioner
This is to certify thaL________________________ (the name of the corporation) has been duly incorporated under the laws of the State of Georgia, on the_________ day of_________________________, 19_________ , for a period of___________years from said date, in accordance with the certified copy hereto attached, and that a certified copy of the articles of incorporation constituting the charter of said corporation has duly been filed in the office of the Secretary of State and the fees therefor paid, as provided by law.
Witness my hand and official seal, this__________day of______________________ , 19_______ ,

Secretary of State, ex-officio Corporation Commissioner of the State of Georgia.
SECTION 17. Certified Copies as Evidence. Such certified copies of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the cooperative, and of the nature and contents of its charter.
SECTION 18. When Corporate Existence Begins. The corporate existence of the cooperative shall begin at the time of the filing of the articles of incorporation, with the Judge's order thereon, with the Clerk of the Superior Court, but the cooperative shall not be licensed to trans-

1146

JOURNAL OF THE SENATE,
act any business until it shall have received the certificate from the Secretary of State in the manner hereinbefore prescribed.
SECTION 19. Bylaws. The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger or consolidation. Thereafter the members shall adopt, amend or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members, directors and shareholders, if any, and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this Act or with its articles of incorporation.
SECTION 20. Members and Shareholders. (a) Each incorporator of a cooperative shall be a member thereof but no other person may become a member thereof unless such other person agrees to use telephone service furnished by the cooperative when it is made available through its facilities. Membership in a cooperative shall be evidenced by a certificate of membership which shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership, provided that ownership of shares of stock, if any are authorized, shall not be a condition of membership in the cooperative.
(b) In case the issuance of shares of stock is provided for in the articles of incorporation, ownership thereof shall be evidenced by share certificates. No share of stock shall be issued except for cash, or for property at its fair value, in an amount equal to the par value of such share of stock.
(c) Membership and share certificates shall contain such provisions, consistent with this Act and the articles of incorporation of the cooperative, as shall be prescribed by the bylaws.
SECTION 21. Meetings of Members. An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws.
(b) Special meetings of the members may be called by the president, by the board of directors, by any three directors, or by not less than 200 members of ten per centum of all members, whichever shall be the lesser.
(c) Except as otherwise provided in this Act, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than ten days nor more than twenty-five days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail with postage prepaid addressed to the member at his address as it appears on the records of the cooperative.
(d) Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative having not more than 500 members, shall be ten per centum of all members, present in person, and of a cooperative having more than 500 members,

FRIDAY, FEBRUARY 3, 1950

1147

shall be fifty members or two per centum of all members, whichever is greater, present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice.
(e) Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but, if the bylaws so provide, may also be by mail.
SECTION 22. Waiver of Notice. Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person shall attend such meeting, such attendance shall constitute a waiver of notice of such meeting, unless such person participates therein solely to object to the transaction of any business because the meeting has not been legally called or convened.
SECTION 23. Board of Directors. (a) The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative which is a member thereof. The bylaws shall prescribe the number of directors, their qualifications, other than those prescribed in this Act, the manner of holding meetings of the board of directors and of electing successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Directors shall not receive any salaries for their services as such, and, except in emergencies, shall not receive any salaries for their services in any other capacity without the approval of the members. The bylaws may, however, prescribe a fixed fee for attendance at each meeting of the board of directors and may provide for reimbursement of actual expenses of attendance.
(b) The directors of a cooperative named in any articles of incorporation, consolidation, merger, conversion or combined consolidation and conversion shall hold office until the next annual meeting of the members and until their successors are elected and qualify. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next annual meeting of the members, except as otherwise provided in this Act. Each director shall hold office for the term for which he is elected and until his successor is elected and qualifies.

(c) Instead of electing all the directors annually, the bylaws may provide that half of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members and that the remaining directors shall be elected to serve until the second succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the second succeeding annual meeting after their election. Instead of electing all of the directors annually or bi-annually, the bylaws may provide that one-third of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members, and that one-third shall be elected to serve until the second succeeding annual meeting of the members and that the remaining directors shall be elected to serve until the third succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the third Ucceeding annual meeting after their election.

1148

JOURNAL OF THE SENATE,

(d) A majority of the board of directors shall constitute a quorum.
(e) The board of directors may exercise all of the powers of a cooperative not conferred upon the members by this Act, or its articles of incorporation or bylaws.
SECTION 24. Districts. The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, including without limitation, the nomination and election of directors and the election and functioning of district delegates. Such delegates, who shall be members, may nominate and elect directors. The bylaws shall prescribe the boundaries of the districts, or the manner of establishing such boundaries, and the manner of changing such boundaries, and the manner in which such districts shall function. No member at any district meeting and no district delegate at any meeting shall vote by proxy or by mail.
SECTION 25. Officers. The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer, who shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director he shall cease to hold such office. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it deems necessary or advisable and shall prescribe their powers and duties. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws.
SECTION 26. Amendment of Articles of Incorporation. A cooperative may amend its articles of incorporation by complying with the following requirements, provided, however, that a change of location of principal office may be effected in the manner set forth in section 27 of this Act. The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached thereto the proposed amendment. If the proposed amendment, with any changes, is approved by the affirmative vote of not less than two-thirds of those members voting thereon at such meeting, articles of amendment shall be executed and acknowledged on behalf of the cooperative by the president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite that they are executed pursuant to this Act and shall state; (1) the name of the cooperative; (2) the address of its principal office; and (3) the amendment to its articles of incorporation. The president or vice-president executing such articles of amendment shall make and annex thereto an affidavit stating that the preceding provisions of this section in respect of the amendment set forth in such articles were duly complied with.
An application for approval of the articles of amendment, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of the cooperative shall be presented to and approved by the Superior Court, or the Judge thereof in vacation, filed with the Clerk of the Superior Court of the county in which the principal office of the cooperative is located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as hereinafter prescribed. Upon such filing the amendment shall be deemed to be effective.
SECTION 27. Change of Location of Principal Office. A cooperative . may, upon authorization of its members or board of directors, change the

FRIDAY, FEBRUARY 3, 1950

1149

location of its principal office by compliance with the following requirements: An application for approval of such change shall be presented to and approved by the Superior Court of the county in which the principal office of the cooperative is to be located, or to the Judge of the Superior Court in vacation, filed with the Clerk of the Superior Court of said county and with the Secretary of State and published, in the same manner as an application for incorporation. Said application with the approval of the Judge thereon shall also be filed with the Clerk of the Superior Court of each county in which the principal office of the cooperative has previously been located. The fees to be paid at the time of such filing shall be as hereinafter prescribed.

SECTION 28. Consolidation. Any two or more cooperatives (each of which is hereinafter designated a "consolidating cooperative"), may consolidate into a new cooperative (hereinafter designated the "new cooperative"), by complying with the following requirements:
' (a) The proposition for the consolidation of the consolidating eo-
operatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be submitted to a meeting of the members of each consolidating cooperative, the notice of which shall have attached thereto a copy of the proposed articles of consolidation;
(b) If the proposed consolidation and the proposed articles of consolidation, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each consolidating cooperative voting thereon at each such meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this act and shall state: (1) the name of each consolidating cooperative and the address of its principal office; (2) the name of the new cooperative and the address of its principal office; (3) a statement that each consolidating cooperative agrees to the consolidation; (4) the names and addresses of the directors of the new cooperative; and (5) the terms and conditions of the consolidation and the mode of carrying the same into effect, ineluding the manner in which members and shareholders, if any, of the consolidating cooperatives may or shall become members and shareholders, respectively, of the new cooperative; and may contain any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business of the new cooperative. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall make and annex thereto an affidavit stating that the preceding provisions of this section in respect of such articles were duly complied with by such cooperative.
(c) An application for approval of the articles of consolidation, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each consolidating cooperative, shall be presented to and approved by the Superior Court, or the Judge thereof in vacation, filed with the Clerk of the Superior Court of the county in which the principal office of the new cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall. be hereinafter prescribed. Upon such filing the consolidation shall be deemed to be effective.

1150

JOURNAL OF THE SENATE,
SECTION 29. Merger. Any one or more cooperatives (each of which is hereinafter designated a "merging cooperative"), may merge into another cooperative (hereinafter designated the "surviving cooperative"), by complying with the following requirements:
(a) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be submitted to a meeting of the members of each merging cooperative and of the surviving cooperative, the notice of which shall have attached thereto a copy of the proposed articles of merger;
(b) If the proposed merger and the proposed articles of merger, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at each such meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this act and shall state: (1) the name of each merging cooperative and the address of its principal office; (2) the name of the surviving cooperative and the address of its principal office; (3) a statement that each merging cooperative and the surviving cooperative agree to the merger; (4) the names and addresses of the directors of the surviving cooperative; and (5) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members and shareholders, if any, of the merging cooperatives may or shall become members and shareholders, respectively, of the surviving cooperative; and may contain any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business of the surviving cooperative. The president or vice-president of each cooperative executing such articles of merger shall make and annex thereto an affidavit stating that the preceding provisions of this section in respect of such articles were duly complied with by such cooperative.
(c) An application for approval of the articles of merger, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each merging cooperative, shall be presented to and approved by the Superior Court, or the Judge thereof in vacation, filed with the Clerk of the Superior Court of the county in which the principal office of the surviving cooperative is located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as hereinafter prescribed. Upon such filing the merger shall be deemed to be effective.
SECTION 30. Effect of Consolidation or Merger. (a) In the case of a consolidation the existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger ;
(b) All the rights, privileges, immunities and franchises and all property, real and personal, including without limitation applications for membership, all debts due on whatever account and all other choses

FRIDAY, FEBRUARY 3, 1950

1151

in action, of each of the consolidating or merging cooperatives shall be deemed to be transferred to and vested in the new or surviving cooperative without further act or deed;
(c) The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives and any claim existing or action or proceeding pending by or against any of the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving cooperative may be substituted in its place; and
(d) Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger.
SECTION 31. Conversion and Combined Consolidation and Conversion of Existing Corporations. (a) Any corporation organized under the laws of this state and furnishing or having the corporate power to furnish telephone service may be converted into a cooperative by complying with the following requirements and shall thereupon become subject to this act with the same effect as if originally organized under this act:
(1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be submitted to a meeting of the members or stockholders of such corporation, or in case of a corporation having no members or stockholders, to a meeting of the incorporators of such corporation, the notice of which shall have attached thereto a copy of the proposed articles of conversion; (2) If the proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of such corporation voting thereon at such meeting, or, if such corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of those shares of the capital stock of such corporation represented at such meeting and voting thereon, or, in the case of a corporation having no members and no shares of its capital stock outstanding, by the affirmative vote of not less than twothirds of its incorporators, articles of conversion in the form approved shall be executed and acknowledged on behalf of such corporation by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of conversion shall recite that they are executed pursuant to this act and shall state: (i) the name of the corporation and the address of its principal office prior to its conversion into a cooperative; (ii) the statute or statutes under which it was organized; (iii) a statement that such corporation elects to become a .non-profit Telephone Cooperative subject to this act; (iv) its name as a cooperative; (v) the address of the principal office of the cooperative; (vi) the names and addresses of the directors of the cooperative; and (vii) the manner in which members, stockholders or incorporators of such corporation may or shall become members of the cooperative; and may contain any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business of the cooperative, including provisions for the issuance of non-voting shares of stock as provided for in section 8 of this act. If the articles of conversion shall make provision for the issuance of such shares of stock, they shall also state the manner in which members, stockholders or incorporators of such corporation may or shall become shareholders of the cooperative

1152

JOURNAL OF THE SENATE,
The president or vice-president executing such articles of conversion shall make and annex thereto an affidavit stating that the provisions of this section were duly complied with in respect of such articles. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative, and an application for approval thereof, including such articles and the prescribed affidavit, signed and acknowledged by the president or vice-president of the corporation seeking to be converted into a cooperative, shall be presented to and approved by the Superior Court, or the Judge thereof in vacation, filed with the Clerk of the Superior Court of the county in which the principal office of the cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for original incorporation. The fee to be paid at the time of such filing shall be as hereinafter prescribed. Upon such filing the conversion shall be deemed to be effective.
(b) Any two or more corporations organized under the laws of this state and furnishing or having the corporate power to furnish telephone service may, if otherwise permitted to consolidate by the laws of this state, consolidate into a cooperative subject to this act, with the same effect as if originally organized under this act, by complying with the following requirements :
(1) The proposition for the consolidation into a cooperative and the proposed articles of consolidation and conversion, with any amendments, shall be approved by each consolidating corporation in accordance with the statute or statutes under which it was organized and the provisions of subsection (a) of this section;
(2) The articles of consolidation and conversion in the form approved shall be executed, acknowledged and sealed in the manner prescribed in subsection (a) of this section and in the statute or statutes under which the consolidating corporations were organized. The articles of consolidation and conversion shall state that they are executed pursuant to this act and such statute or statutes, that each consolidating corporation elects that the new corporation shall be a cooperative, and in addition shall contain all other information required by such statute or statutes and by paragraph (2) of subsection (a) of this section; and may contain any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business of the cooperative. The president or vice-president executing such articles of consolidation and conversion shall make and annex thereto an affidavit stating that the preceding provisions of this section and of the statute or statutes under which the consolidating corporations were organized were duly complied with in respect of such articles. The articles of consolidation and conversion shall be deemed to be the articles of incorporation of the cooperative, and an application for approval thereof, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each consolidating corporation, shall be presented to and approved by the Superior Court or the Judge thereof in vacation, filed with the Clerk of the Superior Court of the county in which the principal office of the cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid upon such filing shall be as hereinafter prescribed. Upon such filing the consolidation and conversion shall be deemed to be effective.

FRIDAY, FEBRUARY 3, 1950

1153

SECTION 32. Dissolution. (a) A cooperative which has not commenced business may be dissolved by presenting to the Superior Court of the county where its principal office is located, or to the Judge of the Superior Court in vacation, articles of dissolution which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators and which will state: (1) the name of the cooperative; (2) the address of its principal office; (3) that the cooperative has not commenced business; (4) that any sums received by the cooperative, less any part thereof disbursed for expenses of the cooperative, have been returned or paid to those entitled thereto; (5) that no debt of the cooperative is unpaid; and (6) that a majority of the incorporators elect that the cooperative be dissolved. The Judge shall examine into the facts and if he shall find the same to be true, shall pass and enter an order that the cooperative is dissolved. Whereupon the incorporators shall deliver the articles of dissolution and the order of the judge thereon to the Clerk of the Superior Court of the county where the principal office of the cooperative is located, who upon payment of the cost as hereinafter set out shall deliver two certified copies of the articles of dissolution and the order of the judge thereon to the incorporators or their attorney who shall forthwith deliver one of said copies to the Secretary of State for recording.
(b) A cooperative which has commenced business may be dissolved in the following manner: The proposition to dissolve shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The members at any such meeting shall approve, by the affirmative vote of not less than a majority of all members of the cooperative, the proposition that the cooperative be dissolved. Upon such approval, a certificate of election to dissolve (hereinafter designated the "certificate"), executed and acknowledged on behalf of the cooperative by its president or vice-president under its seal, attested by its secretary, and stating: (1) the name of the cooperative; (2) the address of its principal office; and (3) that the members of the cooperative have duly voted that the cooperative be dissolved, shall together with an affidavit made by its president or vicepresident executing the certificate, stating that the statements in the certificate are true, be attached to a petition to the Superior Court of the county in which the principal office of the cooperative is located, or to the judge thereof in vacation, who shall examine into the facts alleged in the petition and the certificate, and if he shall find the same to be true and the relief prayed for within the purview and intent of this act, he shall grant the same by proper order. Whereupon the same shall be forthwith filed in the office of the Clerk of the Superior Court of the county in which the principal office of the cooperative is located and the cooperative shall cease to carry on its business except to the extent necessary for the winding up thereof, but its corporate existence shall continue until the final order of dissolution has been made and entered by the judge and filed in the office of the clerk of said county and in the office of the Secretary of State. The board of directors shall immediately upon filing of the certificate with the order of the judge thereon in the office of the Clerk of Superior Court, cause notice of the dissolution proceedings to be mailed to each known creditor of and claimant against the cooperative and the certificate and the order of the judge thereon to be published once a week for four consecutive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located. The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its prop-

1154

JOURNAL OF THE SENATE,
erty and assets, pay and discharge its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, and to do all other things required to wind up its business, and after paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, shall distribute any remaining sums, first, to shareholders, if any, for the pro rata return of the par value of their shares, together with any accrued dividends, second, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage, and, third, to members for the pro rata repayment of membership fees. Any sums then remaining shall be distributed among its members and former members in proportion to their patronage. The board of directors shall thereupon authorize the execution of articles of dissolution, which shall be executed and acknowledged on behalf of the cooperative by its president or vice-president, and its seal shall be affixed thereto and attested by its secretary. The articles of dissolution shall recite that they are executed pursuant to this act and shall state (1) the name of the cooperative; (2) the address of its principal office; (3) the date on which the certificate of election to dissolve with the order of the judge thereon was :filed in the office of the Clerk of the Superior Court; (4) that there are no actions or suits pending against the cooperative; (5) that all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor; and (6) that the preceding provisions of this subsection have been duly complied with. The president or vice-president executing the articles of dissolution shall make and annex thereto an affidavit stating that the statements made therein are true. An application for a :final order of dissolution, accompanied by the articles of dissolution and the prescribed affidavit, shall be presented to the Superior Court of the county in which the principal office of the cooperative is located, or to the Judge of the Superior Court in vacation who, upon determination that preceding provisions of this section have been complied with, shall grant to the cooperative a final order of dissolution. Said order shall be filed in the office of the clerk of said county and with the Secretary of State, and upon such filing the dissolution shall be deemed effective. The fees to be paid at the time of the filings provided for in this section shall be as hereinafter prescribed.
SECTION 33. Nonprofit Operation. A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or its contracts with members and patrons shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit and cooperative character. In the case of a cooperative authorized to issue shares of stock, such bylaws or contracts shall provide that no moneys shall be paid or credits given on the basis of patronage except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the articles of incorporation of the cooperative, and such bylaws or contracts shall otherwise be consistent with the cooperative's obligations in respect of such shares of stock.
SECTION 34. Disposition of Property. (a) The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or

FRIDAY, FEBRUARY 3, 1950

1155

to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to United States of America or any agency or instrumentality thereof. Any such mortgage or mortgages or deed or deeds of trust shall be exempt from mortgage recordation tax, now existing or hereafter imposed by this state.

(b) A cooperative may not otherwise sell, mortgage, lease or otherwise dispose of or encumber all or a substantial portion of its property unless such sale, mortgage, lease or other disposition or encumbrance is authorized by the affirmative vote of not less than two-thirds of all the members of the cooperative; provided, however, that nonwithstanding any other provision of this act, or any other provision of law, the board of directors may, upon the authorization of a majority of those members of the cooperative present at a meeting of the members thereof, the notice of which shall have set forth the proposed action, sell, lease or otherwise dispose of all or a substantial portion of its property to another cooperative or a foreign corporation doing business in this state pursuant to this act or to the holder or holders of any notes, bonds or other evidences of indebtedness issued to United States of America or any agency or instrumentality thereof.

SECTION 35. Non-liability of Members and Shareholders for Debts of Cooperative. No member or shareholder shall be liable or responsible for any debts of the cooperative and the property of the members and shareholders shall not be subject to execution therefor.

SECTION 36. Recordation of Mortgages-Effect Thereof. Any mortgage, deed of trust or other instrument executed by a cooperative or foreign corporation doing business in this state pursuant to this act, which effect real and personal property and which is recorded in the real property records in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded, filed or indexed as provided by law in the proper office in such county as a mortgage of personal property, provided, however, that such instrument shall be indexed on the chattle mortgage record of said county although recorded already upon the real estate mortgage record. All after-acquired property of such cooperative or foreign corporation described or referred to as being mortgaged or pledged in any such mortgage, deed of trust or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative or foreign corporation, whether or not such property was in existence at the time of the execution of such mortgage, deed of trust or other instrument. Recordation of any such mortgage, deed of trust or other instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation, with respect to property owned by such cooperative or foreign corporation at the time of the execution of such mortgage, deed of trust or other instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such mortgage, deed of trust or other instrument shall, after recordation thereof, continue in existence and of record for the period of time specified therein without the refiling thereof or the filing of any renewal certificate, affidavit or other supplemental information required by the laws relating to the renewal, maintenance or extension of liens upon personal property.

1156

JOURNAL OF THE SENATE,

SECTION 37. Construction Standards. Construction of telephone

lines and facilities by a cooperative shall, as a minimum requirement,

comply with the standards of the National Electrical Safety Code in

effect at the time of such construction, and shall be in such manner and

according to such specifications as will avoid interference with or hazards

to existing telephone lines, facilities or systems.



SECTION 38. Limitation of Actions. All rights of action accruing against any cooperative organized, or foreign corporation doing business in this state, pursuant to this act, growing out of the acquisition of rights of ways, easements, or the occupying of lands of others by said cooperative or foreign corporation, shall be barred at the end of twelve months from the date of the accrual of such cause of action. In cases where any such cooperative or foreign corporation takes possession of the lands of others without having obtained an easement or without having condemned said property as herein provided, and said cooperative or foreign corporation continues to use any such land of another in accordance with the rights and powers granted to said cooperative or foreign corporation by this act, and said owners of such lands take no legal steps to prevent the occupancy of said lands by said cooperative or foreign corporation, the rights of said owners of such lands shall be limited to whatever damages may have been caused to his realty by such occupation, and the same shall be barred upon the expiration of six months after such unauthorized occupancy begins.
SECTION 39. Trustees, Officers, Members, or Shareholders-Notaries. No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, trustee, member or shareholder of such cooperative.
SECTION 40. Foreign Corporations. Any foreign nonprofit or cooperative corporation furnishing or authorized to furnish telephone service and owning or operating telephone lines or facilities in an adjacent state may construct or acquire extensions of such lines in this state a~d operate such extensions without complying with any statute of this state pertaining to the qualification of foreign corporations for the doing of business in this state. Any such corporation shall, before constructing or operating such extensions, by an instrument executed and acknowledged on its behalf by its president or vice-president under its seal attested by its secretary, and filed with the Secretary of State, designate the Secretary of State its agent to accept service of process on its behalf. Thereafter, with respect to its operations in this state, such corporation shall have only the rights, powers, privileges and immunities of a cooperative organized under this act. In the event any process shall be served upon the Secretary of State, he shall forthwith forward the same by registered mail to such corporation at the address thereof specified in the aforesaid instrument.

SECTION 41. Fees. The Clerk of Superior Court shall charge and collect for :

(a) Filing articles of incorporation.------------------------------$5.00 (b) Filing articles of amendment.......____________________________________________ 5.00
(c) Filing articles of consolidation or merger________________________________ 5.00 (d) Filing articles of conversion____________________________________________________ 5.00
(e) Filing articles of consolidation and conversion________________________ 5.00

FRIDAY, FEBRUARY 3, 1950

1157

(f) Filing certificate of election to dissolve___________________________________ 5.00 (g) Filing articles of dissolution.----------------------------------~----------------- 5.00 (h) Filing order approving change of principal office_______________ 5.00 (i) 15c per 100 words for recording any of the foregoing. (j) $1.00 for each certified copy of any of the foregoing issued.

The Secretary of State shall charge and collect the following fees for his.services:
(a) Filing articles of incorporation__________________________________________$ - (b) Filing articles of amendment___________________________________________ (c) Filing articles of consolidation or merger________________________ (d) Filing articles of conversion_____________________________________ (e) Filing articles of consolidation and conversion_________________ (f) Filing certificate of election to dissolve______________________________ (g) Filing articles of dissolution____________________________________ (h) Filing order approving change of principal office_______________
SECTION 42. Exemption from Excise and Income Taxes-License Fee. Each cooperative and each foreign corporation doing business in
this state pursuant to this act shall pay annually, on or before the first
day of July, to the Secretary of State, a fee of ten dollars, but shall be exempt from all other excise and income taxes whatsoever.
SECTION 43. Connection and interconnection of Facilities. The lines, facilities or systems of any cooperative or foreign corporation doing business in this state pursuant to this act and the lines, facilities or systems of any telephone company may, upon such terms and conditions as may be mutually agreeable to such cooperative or foreign corporation and such telephone company, be interconnected in order to provide continuous lines of communication for the subscribers of any such cooperative, foreign corporation or telephone company. In the event any such cooperative or foreign corporation and any such telephone company shall be unable to agree upon the terms and conditions of such interconnection, including compensation therefor, the Public Service Commission shall, upon the request of either party, establish terms and conditions with respect to such interconnection which shall be reasonable and nondiscriminatory.
SECTION 44. Jurisdiction of the Public Service Commission. Cooperatives and foreign corporations doing business in this state pursuant to this act shall be subject to the jurisdiction and supervision of the Public Service Commission of this state in the same manner and in every respect as any telephone company owning, leasing, or operating a public telephone service or telephone line in this state.
SECTION 45. Securities Act Exemption. The proVIsions of the Securities Act of Georgia shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative or foreign corporation doing business in this state pursuant to this act to United States of America or any agency or instrumentality thereof, or to any mortgage, deed of trust or other instrument executed to secure the same. The provisions of said Securities Act shall not apply to the issuance of membership certificates, shares of stock or any other evidence of member, shareholder or patron interest by any cooperative or any such foreign corporation.

1158

JOURNAL OF THE SENATE,

SECTION 46. Construction of Act. This act is complete in itself and shall be controlling. This act shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things.
SECTION 47. Separability of Provisions. If any provision of this act, or the application of such provision to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby.
SECTION 48. Effective Date. This act shall be effective immediately.

On the adoption of the substitute, the ayes were 33, nays 0.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HR 154. By Messrs. Greene of Crisp, Twitty of Mitchell and Wetherington of Echols:
A resolution fixing official name and designation of "Georgia Veterans Memorial Park".
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.

HB 883. By Messrs. Greene of Crisp, Briscoe of Walton, Twitty of Mitchell, Witherington of Wilcox, Sumner of Worth and Twiggs of Habersham:
A bill to provide for the granting by the Director of State Parks, historic sites and monuments to veterans' organizations chartered by the Congress of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was pas:seu.

SR 67. By Senator Lunsford of the 9th:
A resolution to rescind the Humber Resolution No. 69 of 1946 listing Georgia as one of the states requesting world government.

FRIDAY, FEBRUARY 3, 1950 Senator LeCraw of the 52nd offered the following substitute:

1159

A RESOLUTION
WHEREAS, the deep desire of the great masses of the people of the world is for a just and lasting peace; and
WHEREAS, there are still a few free nations, friendly to America and well experienced in the practice of democracy; and
WHEREAS, we might be able to achieve a needed strength in federal union with these free and friendly nations, thereby taking us a step away from a third world war, and a definite step toward world cooperation; and
WHEREAS, the Senior U. S. Senator from Georgia is one of the sponsors of the Atlantic Union Resolution now before the Congress of the United States, and
WHEREAS, this resolution which is known as SB 57 and HB 107-111, seeks only to explpre the possibilities of peace based on law within the framework of the United Nations Charter, the exact wording of which is as follows:
"RESOLVED BY THE SENATE (The House of Representatives concurring), That the President is requested to invite the democracies which sponsored the North Atlantic Treaty to name delegates, representing their principal political parties to meet this year with delegates of the United States in a Federal Convention to explore how far their peoples, and the peoples of such other democracies as the convention may invite to send delegates, can apply among them, within the framework of the United Nations Charter, the principle of free federal union."
NOW, THEREFORE, BE IT RESOLVED by the State Senate of Georgia, the House concurring, that we endorse the principles contained in the Atlantic Union Resolution;
RESOLVED FURTHER That this General Assembly express the utmost confidence in the U.S. Senators and Representatives from Georgia to handle this important matter to the best interest of the people of Georgia, the United States and the world;
RESOLVED FURTHER, That copies of this Resolution be sent to each of the members of Congress from Georgia and the same be entered on the records of our state.
Senator LeCraw of the 52nd moved that SR 67 and the substitute be indefinitely postponed.
On the motion to postpone, the ayes were 29, nays 5, and the motion prevailed.

HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Gross of Stephens:
A bill to amend an act entitled "an act to abolish the Agricultural and Industrial Development Board of Georgia; and for other purposes.

1160

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 25, nays 9.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Pilcher of the 19th moved that when the Senate adjourn, it stand adjourned until 11 o'clock Monday morning, and the motion prevailed.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock Monday morning.

MONDAY, FEBRUARY 6, 1950

1161

Senate Chamber, Atlanta, Georgia Monday, February 6, 1950

The Senate met pursuant to adjournment this morning at 11 o'clock and was called to order by the president.
Scripture reading and prayer was offered by the chaplain, Rev. Harscourt E. Waller, Jr., Vicker of St. John's Episcopal Church, Bainbridge, Georgia.
By unanimous consent, the roll call was dispensed with.
Senator Tarver of the 48th reported that the journal of Friday's proceedings had been examined and found correct.
Senator Pilcher of the 19th moved that the Senate reconsider its action of Friday on the following bill of the House :
HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Gross of Stephens: A bill to amend an act entitled "an act to abolish the Agricultural and Industrial Development Board of Georgia; and for other purposes.
On the motion to reconsider, the ayes were 37, nays 1.
The motion prevailed, and the bill took its place at the foot of the calendar.

Senator Lunsford of the 9th moved that the Senate reconsider its action of Friday on the following resolution of the Senate:

SR 67. By Senator Lunsford of the 9th:
A resolution to rescind the "Humber" Resolution No. 69 of 1946" listing Georgia as one of the states requesting world government.

Senator Lunsford of the 9th 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:

Ansley Blalock Davis Dykes Foster Garrett

Gary Lunsford Massey Newton Pittman Purdom

Rackley
Sims Staten Ursrey

Those voting in the negative were Senators:

Ayers Boyett Clary
Cochran Coleman Daniel Florence Higginbotham

Housley Jones Land, 51st
Land, 24th Layton LeCraw Overby Pilcher

Rich Roddenberry Rowland Stark
Swint Tarver Wright Zellner

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

1162

JOURNAL OF THE SENATE,

On the motion to reconsider, the ayes were 16, nays 24 and the motion was lost. By unanimous consent, the journal was confirmed. Senator Pilcher of the 19th 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 committee. 4. Second reading of bills and resolutions, favorably reported by the com-
mittees. 5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. 7. The right granted to the president to call up any bill on the calendar. The consent was granted.

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

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

HB 946. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colbert in the County of Madison; and for other purposes.

HB 1029. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to Article VII, Section 4, paragraph 1, sub-paragraph 15, of the Constitution of Georgia, so as to authorize the General Assembly of Georgia with respect to Bibb County to enact law or laws whereby a pension or retirement plan or plans may be constituted for all or any persons elected or appointed; and for other purposes.
HB 1028. By Messrs. Vandiver, Miller, and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment, so as to ratify and validate acts passed since the federal census of 1940, and which affect Bibb County, its courts; and for other purposes.

HR 199-1052a. By Messrs. Alverson, Smith, Walton of l<'ulton and Hubert of DeKalb:
A resolution proposing to the qualified voters of Georgia, an amendment to Paragraph XXIII, Section VII, Article III, of the Georgia Constitution so as to authorize the General Assembly to create Fulton County Independent Governmental Authorities and to grant them certain powers; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1163

HR 187-1023b. By Mr. Holloway of Schley:
A resolution proposing to the qualified voters of Georgia an amendment to Article 8, Section 5, paragraph 1, of the Constitution of Georgia so as to provide for the election of members of the county board; and for other purposes.

HR 186. By Mr. Summerour of Dawson:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, to provide for the election of members of the county board of education of Dawson County by the people; and for other purposes.

HR 183a. By Mr. Lewis of Hancock:
A resolution to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I of the Constitution so as to provide for the election of members of the county board of education of Hancock County by the people; and for other purposes.
HR 182. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I of the Constitution to provide that upon the extension of the city limits of Atlanta the territory embraced therein shall become a part of the Atlanta Independent School System; and for other purposes.
HR 181. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, paragraph IV of the Constitution to provide for homestead exemption in the City of Atlanta; and for other purposes.
HR 180. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, paragraph I, of the Constitution, to provide that the City of Atlanta may assume part of the Fulton County School Bonds if the city limits are extended; and for other purposes.
HR 179. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Paragraph VI, Section I, Article XI of the Constitution so as to require the tax receiver, collector or commissioner to receive tax returns and collect taxes due the City of Atlanta; and for other purposes.
HR 178. By Mr. Mashburn of Forsyth:
A resolution proposing an amendment to Article VII, Section VII, paragraph I, of the Constitution of Georgia in regard to bonds of Forsyth County; and for other purposes.

1164

JOURNAL OF THE SENATE,

HR 171. By Mr. Byrd of Taylor:
A resolution proposing to the qualified voters an amendment to Article VIII, Section V, paragraph I of the Constitution of the State of Georgia, so as to provide for the division of Taylor County into nine school districts and for the election of members of the county board of education from such school districts ; and for other purposes.

HR 148. By Messrs. Hubert, Howard, McWhorter of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to paragraph IV, Section 1, 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 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.

HR 142. By Mr. Johnson of Hall.
A resolution compensating for InJUries by State Highway Department employee to Mr. Marion Murphy; and for other purposes.

HR 137. By Messrs. Hollis, Dicus, Pickard of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, paragraph I of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County may make and levy special assessments for street improvements; and for other purposes.

HR 136. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, paragraph 1 of the Constitution of Georgia, to provide that the board of county commissioners of Fulton County, et cetera shall supplement from the said county's treasury the salaries of each of the judges of the Atlanta Judicial Circuit by the sum of $6,000.00 per annum; and for other purposes.

HR 134. By Messrs. Hollis, Dicus and Pickard of Muscogee.
A resolution to propose an amendment that Muscogee County, Georgia may issue and sell "street improvement bonds" without the assent of a majority of the qualified voters of said county.

HR 132. By Messrs. Alverson, Smith, and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia, to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, may exceed 7% of the assessed value incurred by Fulton County Board of Education, but shall not exceed 12% thereof; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1165

HR 131. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, paragraph IV, of the Constitution of Georgia to provide that the homestead exemption from taxation shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education; and for other purposes.

HR 129. By Messrs. Robertson and Hill of Meriwether:
A resolution proposing to the qualified voters an amendment to Article 8, Section 5, paragraph 1 and an amendment to Article 8, Section 6, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Meriwether County into school districts, and for the election of members of the county board of education from such school district; and for other purposes.

HR 124. By Messrs. Durden and Davis of Dougherty.
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, paragraph 1 of the Constitution of Georgia, 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 Albany and the existing school district in the County of Dougherty; and for other purposes.

HR 83. By Messrs. Kidd and Jennings of Baldwin:
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 Baldwin County into school districts ; and for other purposes.

HR 77. By Messrs. Smith, Walton and Alverson of Fulton.
A resolution to propose to the qualified voters of Georgia an amendment to Article VII, Section V, paragraph I of the Constitution of Georgia of 1945 to authorize Fulton County to contribute to the support of stateowned institutions within its limits; and for other purposes.

HB 1084. By Mr. Hurst of Quitman:
A bill to provide that the clerk of the Superior Court of Quitman County shall also be the clerk of the court of ordinary of said county and shall have the powers to give bond, etc.; and for other purposes.

HB 1066. By Messrs. Hubert, Howard 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; and for other purposes.

HB 1065. By Messrs. Hubert, Howard 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; and for other purposes.

1166

JOURNAL OF THE SENATE,

HB 1064. By Messrs. 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 for other purposes.

HB 1063. By Messrs. 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; and for other purposes.

HB 1062. By Mr. Wilkes of Cook:
A bill to repeal an act approved December 20, 1899 entitled an act to establish a new charter for the Town of Sparks, County of Berrien, and all amendments thereto, so as to repeal the charter of the Town of Sparks; and for other purposes.

HB 1060. By Mr. Wilkes of Cook:
A bill to repeal an act approved July 29, 1919 entitled an act to incorporate the City of Adel and all amendments thereto, so as to repeal the charter of the City of Adel; and for other purposes.

HB 1059. By Mr. Baggett of Grady:
A bill to amend an act entitled, "an act to establish the city court of Cairo, in and for the County of Grady; and for other purposes.

HB 1058. By Mr. Best of Clay:
A bill to repeal an act entitled, "an act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton, in the County of Clay"; and for other purposes.

HB 1055. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

HB 1054. By Messrs. Alverson, Walton and Smith of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.

HB 1053. By Messrs. Salter and Freeman of Upson:
A bill to increase the compensation of the chairman of the board of commissioners of roads and revenues of Upson County; and for other purposes.

HB 1052. By Messrs. McGee, Hood and Page of Chatham:
A bill to amend the act entitled "an act 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.

MONDAY, FEBRUARY 6, 1950

1167

HB 1047. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend the charter of the City of Hapeville and the several acts amendatory thereof; and for other purposes.

HB 1046. By Messrs. Bell and Cohen of Richmond:
A bill to amend an act, Georgia Laws 1947, page 70 so as to arrange the registration list of Richmond County, Georgia, alphabetical by names instead of alphabetical by streets; and for other purposes.

HB 1043. By Mr. McGarity of Henry:
A bill to amend an act known as "amending charter of McDonough" and acts amendatory thereof, by amending the charter of the Town of McDonough, in the County of Henry, to extend the corporate limits of the said City of McDonough; and for other purposes.

HB 1031. By Mr. Pannell of Murray:
A bill to amend the act creating the board of roads and revenues of Murray County, so as to increase the salary of the clerk of said board from twenty ($20.00) dollars per month to one hundred ($100) dollars per month; to provide for a referendum; to repeal conflicting laws; and for other purposes.

HB 1024. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta, to authorize the levy and collection of a tax by said city upon consumers of electricity, gas, or other products or services of public utility companies for a period of two years only; and for other purposes.

HB 1016. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.

HB 1008. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1915, which was a bill creating the municipal court of Columbus, and entitled "an act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create a municipal court; and for other purposes.

HB 999. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; to alter, extend and redefine the corporate limits of said city; and for other purposes.

HB 992. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act known as the Georgia Building Safety Law (Georgia Laws, 1947, p. 1452) so as to authorize cities having a population of more than 250,000 to enact building safety ordinances; and for other purposes.

1168

JOURNAL OF THE SENATE,

HB 982. By Mr. Cook of Chattooga:
A bill to amend an act approved March 10, 1941, Georgia Laws 1941, pp. 621-634, entitled an act to establish the City Court of Chattooga County; and for other purposes.

HB 976. By Messrs. Abney and Campbell of Walker:
A bill to be entitled "an act to require candidates in primary elections for members of the General Assembly in all counties with a population of not less than 31,020 and not more than 31,030, according to the census of 1940, to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes.

HB 970. By Mr. Tuten of Bacon:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Bacon, and to provide for the election of members thereof, to define their duties and powers and prescribe their qualifications; and for other purposes.

HB 942. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act abolishing the justice of peace courts and the establishment of the municipal court of Atlanta as heretofore amended, to provide for the increase in the salary of the chief judge of said court; and for other purposes.

HB 988. By Mr. Cagle of Pickens:
A bill to amend the act creating the office of tax commissioner of Pickens County, Georgia; and for other purposes.

HB 1006. By Mr. Miller of Miller:
A bill to amend an act approved March 2nd, 1935, establishing a city court in and for the County of Miller; changing the method of compensating the solicitor of said court; and for other purposes.

HB 1069. By Messrs. 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.

HB 912. By Messrs. Mathews and Baker of Clarke and Campbell of Oconee:
A bill to supplement the salary of the judge of the superior courts of the Western Circuit so as to allow expenses for clerical hire, office and library expense; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1169

The House has adopted the following resolutions of the House to wit:

HR 213. By Mrs. Blitch of Clinch and others:
A resolution relative to authorizing the Governor to accept a gift of property from Mrs. Stellanova B. Osborn, and expressing appreciation for said gift.

HR 206. By Messrs. Boone of Wilkinson, Malone of Laurens and others:
A resolution memorializing the Georgia delegation in Congress to seek the passage of proper legislation honoring and commemorating the Honorable Dudley Mays Hughes by having his name inscribed upon certain United States postage stamps, and for other purposes.

HR 212. By Messrs. Page, Hood and McGee of Chatham:
A resolution relative to memorializing the President of the United States, the Congress of the United States and others to reduce the tolls of the Panama Canal; and for other purposes.

HB 938. By Mrs. Blitch of Clinch:
A bill entitled, "an act to amend the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.

HB 936. By Mrs. Blitch of Clinch:
A bill to amend the act creating the charter for the City of Homerville so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.
HB 930. By Messrs. Alexander and Duncan of Carroll:
A bill to amend the act approved November 23, 1901 creating and adopting a new charter for the Town of Temple, and all acts amendatory thereof; and for other purposes.

HB 928. By Mr. Summerour of Dawson:
A bill to provide in counties of the State of Georgia having a population of not less than four thousand (4,000) nor more than five thousand (5,000), according to the federal census of 1940, and any future federal census, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes.
HB 927. By Mr. Swindle of Berrien:
A bill to amend the charter of the Town of Alapaha, Berrien County, Georgia, to empower the mayor and aldermen to levy one per cent. ad valorem taxes on the property in said town ; and for other purposes.

1170

JOURNAL OF THE SENATE,

HB 873. By Messrs. Boone of Wilkinson, Harden of Ben Hill and others:
A bill to appropriate money for relief of W. J. Bush, 105 year old veteran of the Civil War and the last living veteran that Georgia sent to the Armies of the South; and for other purposes.

HB 1042. By Messrs. Bell, Cohen and Coleman, of Richmond:
A biii to amend an act approved February 25, 1949, which increases the clerks in the tax receiver's office from 2 to 4 in counties with a certain population; and for other purposes.

HB 368. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to abolish the office of tax receiver and tax collector, and to create in lieu of the same the office of county tax commissioner of Floyd County, Georgia; and for other purposes.

HB 966. By Messrs. Robertson and Hiii of Meriwether: A bill to amend the act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester, to extend and redefine the corporate limits of said city; and for other purposes.
HB 1002. By Messrs. Alverson and Walton of Fulton: A bill to amend an act establishing a local government commiSSion in Fulton County, to provide for the extension of the existence of the said commission; and for other purposes.
HB 1039. By Messrs. Malone and Kellam of Laurens: A biii to provide for ample support and maintenance, and improvement and expansion of the Dublin Public School System ; to provide more revenue for such purposes; and for other purposes.
HB 993. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act establishing a new charter for the City of East Point, to provide that the said city may assess the cost of laying water lines outside the city limits upon petition; and for other purposes.

HB 1038. By Messrs. Johnson and Barton of Hall :
A bill to amend (Georgia Laws 1949, page 788) being an act entitled an act to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
HB 1011. By Messrs. Willingham and Reed of Cobb:
A bill to amend, consolidate and supersede the several acts incorporating the City of Kennesaw, in the County of Cobb, State of Georgia and to create a new charter of said corporation; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1171

HB 1061. By Mr. Wilkes of Cook:
A bill to incorporate the City of Adel; to include certain portions of territory in the Town of Sparks, and territory now included in the City of Adel; and for other purposes.

HB 1079. By Messrs. Cohen, Bell and Coleman 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 Constitution of the State of Georgia.

HB 1010. By Messrs. Adams and McKelvey of Polk:
A bill to amend an act of the General Assembly of Georgia, establishing the city court of Polk County, in the City of Cedartown, and all acts amendatory thereof, by conferring upon the judge of said city court juvenile jurisdiction; and for other purposes.

HB 948. By Mr. Boone of Wilkinson:
A bill to incorporate the Town of Ivey in Wilkinson County; and for other purposes.

HB 971. By Mr. Tuten, of Bacon:
A bill to amend an act entitled "an act to create a new charter for the Town of Alma now in Bacon County; and for other purposes.

HB 987. By Messrs. Galloway and Vickers of Colquitt:
A bill to incorporate the Town of Berlin, in the County of Colquitt, State of Georgia, and to grant certain power and privileges to said town; to create a new charter; to provide a municipal government; to provide for a mayor and council; and for other purposes.

HB 1012. By Mr. Lockett of Randolph:
A bill to create a method of election of a mayor and council in and for the Town of Shellman; and for other purposes.

HB 991. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, and the several acts amendatory thereof; and for other purposes.

HB 1081. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1884-85, entitled an act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor; and for other purposes.

HB 941. By Messrs. Page and McGee of Chatham:
A bill to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, particularly with respect to certain land of said town ; and for other purposes.

1172

JOURNAL OF THE SENATE,

HB 1086. By Messrs. Pickard, Dicus, and Hollis of Muscogee:
A bill to amend an act to establish a city court in the City of Columbus, for Muscogee County, and to provide for the appointment of judge and solicitor thereof; and for other purposes.

HB 1078. By Messrs. Ellis of Coffee, Henderson of Atkinson and others:
A bill to create a division of the office of Secretary of State to be known as the Georgia State Museum; and for other purposes.

HB 1048. By Messrs. Howard, Hubert and McWhorter of DeKalb, Kemp of Clayton and others:
A bill to carry into effect paragraph one, Section three, Article six of the Constitution, to add one additional judge of the Superior Court for the Stone Mountain Circuit; and for other purposes.
HB 986. By Mr. Cagle of Cherokee:
A bill to amend an act of the General Assembly of Georgia, approved July 26, 1922, amending an act of July 29, 1919, and the act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 1913; and for other purposes.
HB 983. By Messrs. Walton, Alverson and Smith of Fulton:
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.
HB 980. By Mr. Griffin of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by authorizing the mayor and council to elect or appoint a recorder for the City of Eatonton; and for other purposes.
HB 979. By Mr. Griffith of Putnam:
A bill to repeal Section 11 of an act approved August 12, 1921, creating a new board of commissioners for the County of Putnam; and for other purposes.
HB 978. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by repealing subsection (4), Section 28, providing for a board of tax assessors to be elected by the people; and for other purposes.
HB 973. By Messrs. Adams of Evans, Smiley of Liberty and others:
A bill to amend an act known as the "Revenue Certificate Law of 1937" by adding to Section 2 provisions whereby counties may purchase lands held in fee from the Government of the United States; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1173

HB 972. By Messrs. Alverson, Walton, and Smith of Fulton:
A bill to amend an act to establish the criminal court of Atlanta, to provide an increase in the salaries of the judges and solicitor general of said court; and for other purposes.

HB 954. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide for the scientific appraisal of all taxable property in Atlanta and Fulton County; and for other purposes.

HB 945. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to provide for the extension of the city limits to include "Sylvan Hills" and "Claire Drive"; and for other purposes.

HB 944. By Messrs. Alverson, Walton, and Smith of Fulton:
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.

HB 943. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the Code of Georgia of 1933, Section 21-105, so as to fix the salary of the coroners in all counties of 300,000 or more at not less than $5,000.00 per year and not more than $7,000.00 per year; and for other purposes.

HB 990. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, to regulate salaries of the judge, clerks, deputies clerk, sheriff and deputy sheriffs of the municipal court, City of Augusta; and for other purposes.

HB 1032. By Mr. Summerour of Dawson:

A bill to amend Section I of an act approved February 25, 1949, providing for the terms of the superior court of Dawson County; and for other purposes.
HB 1009. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act entitled, "an act to amend an act entitled an act to create the board of commissioners of roads and revenues of the County of Muscogee," so as to provide for holding regular and called sessions; and for other purposes.
HB 996. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, Section 88-205 to provide that in all counties with certain population, the publishing of rules of said counties shall be prima fasia evidence for such posting; and for other purposes.

1174

JOURNAL OF THE SENATE,

HB 1057. By Mr. Smith of Haralson:
A bill to amend an act setting up the salary of the treasurer of Haralson County; and for other purposes.

HB 953. By Messrs. Alverson, Smith and Walton of Fulton:
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; to provide "employees of the city" shall include retired officers and employees; and for other purposes.

HB 1021. By Mr. McCracken of Jefferson:
A bill to create and establish a new charter for the Town of Bartow, to declare the rights, powers and privileges of said corporation; and for other purposes.

HB 940. By Mr. Page of Chatham:
A bill to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, Georgia, so as to extend the corporate limits of said town ; and for other purposes.

HB 1022. By Mr. McCracken of Jefferson:
A bill to amend Code Section 92-4101 so that said section as amended shall provide "tax over one-half of one per cent. prohibited by any municipality provided that provisions of Sections 92-4101 and 92-4104 shall not apply to certain cities; and for other purposes.

HB 1014. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "an act to consolidate, amend and supersede the several acts incorporating the Town of Louisville, Georgia, in the County of Jefferson; and for other purposes.

HB 1071. By Messrs. 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.
HB 1004. By Mr. Wetherington of Echols:
A bill to amend an act of the Georgia Legislature of 1945 entitled, "an act to provide for the division of Echols County into three commissioner's districts; and for other purposes.
HB 1007. By Mr. Miller of Miller:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1175

HB 955. By Mr. Summerour of Dawson:
A bill to repeal an act which abolished the office of county treasurer of Dawson County, and provided the manner in which funds of such county could be disbursed; and for other purposes.

HB 995. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, Section 88-203 pertaining to authority of county boards of health in counties with certain population; and for other purposes.
HB 1090. By Messrs. Galloway and Vickers of Colquitt:
A bill to amend an act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt; to fix the terms of the mayor and council of said town; and for other purposes.

HB 1093. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend an act approved March 24, 1939 entitled 'an act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in counties with a certain population, to regulate in said county, outside the limits of any city or town which now bas authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road; and for other purposes.

HB 969. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend Section 114-101 of the Code of Georgia of 1933 as amended, to carry out as to all counties in the state having a certain population the authority contained in Article VII, Section IV, paragraph I, which provided counties to levy taxes "to provide for workmen's compensation and retirement or pension funds for officers and employees"; and for other purposes.
HB 1077. By Mr. Smith of Haralson: A bill to amend an act creating a board of commissioners of roads and revenues for Haralson County, so as to reduce the expense account allowed the county commissioners; and for other purposes.
HB 956. By Mr. Jones of Lumpkin. A bill to amend an act consolidating the offices of tax receiver and tax collector of Lumpkin County and creating the office of tax commissioner; and for other purposes.
HB 1082. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta and the several acts amendatory thereof, to provide for the extension of the city limits; and for other purposes.

HB 1003. By Mr. Dunn of Seminole:
A bill to amend an act approved August 26, 1931, amending the charter of the City of Donalsonville, Seminole County; and for other purposes.

1176

JOURNAL OF THE SENATE,

HB 1023. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham, to authorize the mayor and council of said city to create the office of recorder for said City of Pelham ; and for other purposes.

HB 1092. By Messrs. McWhorter, Hubert and Howard of DeKalb.
A bill to amend an act approved March 20, 1943 entitled 'an act to create and establish for DeKalb County a DeKalb County water works advisory board; and for other purposes.

HB 1094. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved August 21, 1906 entitled an act to authorize the election of a commissioner of roads and revenues for the County of DeKalb; so as to provide that the commissioner of roads and revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures relating to such budget periodically to each grand jury of said county; and for other purposes.

HB 1070. By Messrs. 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.

HB 1000. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act approved August 3, 1927, entitled "an act to reenact the charter of the City of Macon ; to amend Section 2 of said act by adding thereof description of new territory to become a part of the city; and for other purposes.

HB 1001. By Messrs. Robertson and Hill of Meriwether:
A bill to amend an act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester; to authorize the city to close to public use certain street; and for other purposes.
HB 1072. By Messrs. Howard, Hubert and McWhorter of DeKalb.
A bill to amend an act approved August 17, 1909, providing a new charter for the Town of Decatur, so as to provide that a person desiring to offer for election as commissioner of said city shall specify the incumbent whom such candidate desires to oppose; and for other purposes.
HB 985. By Messrs. Davis and Durden of Dougherty.
A bill to amend the act of 1949, page 1622, entitled an act to provide for the regulation of the installation of warm air heating equipment; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1177

HB 1068. By Messrs. Hubert, Howard 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.

HB 1067. By Messrs. 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 for other purposes.

HB 1017. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908 approved August 17, 1908, creating a charter for the Town of Chamblee; so as to include additional territory and expand the corporate limits of said municipality; and for other purposes.

HB 809. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to delegate to and to authorize and empower the commissioners of roads and revenues of Muscogee County to increase or decrease the salaries of the clerk of the superior court of Muscogee County; and for other purposes.
HB 1018. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes.
HB 1095. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act known as the Georgia Building Safety Code, Georgia Laws 1947, page 1452, so as to authorize counties having a population of 300,000 or more according to the United States census of 1940 or any future United State census to enact and enforce building safety codes in lieu of the provisions of said Georgia Building Safety Law; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 134. By Senator Massey of the 44th:
A bill to amend an act abolishing the offices of tax collector and tax receiver of Dade County; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:

1178

JOURNAL OF THE SENATE,

SR 24. By Senator Grayson of the 1st:
A resolution providing that the State Librarian furnish certain law books to Chatham County; and for other purposes.

SB 147. By Senator Grayson of the 1st:
A bill calling for a referendum election of the voters of Chatham County and City of Savannah to decide certain questions ; and for other purposes.

SB 143. By Senator Grayson of the 1st:
A bill to amend an act amending the charter of the mayor and aldermen of the City of Savannah; and for other purposes.

SB 141. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to alter and revise zoning and planning laws; and for other purposes.

SB 135. By Senator Zellner of the 22nd:
A bill to amend an act in reference to the compensation of the commissions of roads and revenues of Monroe County; and for other purposes.

SB 212. By Senator Grayson of the 1st: A bill providing for a new registration of the qualified voters of Chatham County; and for other purposes.
SB 211. By Senator Grayson of the 1st: A bill to amend the charter incorporating the mayor and aldermen of the City of Savannah; and for other purposes.
SB 205. By Senator Wright of the 5th: A bill to amend an act amending the charter of the City of Waycross; and for other purposes.
SB 190. By Senator Land of the 24th: A bill to amend an act creating a board of commissioners of Muscogee County; and for other purposes.
SB 180. By Senator McCoy of the 4th: A bill to amend the charter of the City of Folkston; and for other purposes.
SB 174. By Senator Zellner of the 22nd: A bill to amend the charter of the City of Forsyth; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1179

SB 170. By Senator Land of the 51st:
A bill to amend an act in reference to the Municipal Court of Macon; and for other purposes.

SB 162. By Senator McCoy of the 4th:
A bill to provide for accounting of fines and forfeitures of Charlton County; and for other purposes.

SB 151. By Senator Grayson of the 1st:
A bill to amend an act creating the Municipal Court of Savannah; and for other purposes.

SB 149. By Senator Grayson of the 1st:
A bill to authorize mayor and aldermen of the City of Savannah to convey rights of way; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to wit:
SB 144. By Senator Grayson of the 1st: A bill authorizing the mayor and aldermen of the City of Savannah to incur an additional debt under the terms of paragraph 3, section 7, article 7 of the Constitution ; and for other purposes.
SB 150. By Senator Grayson of the 1st: A bill authorizing the mayor and aldermen of Savannah to reassess property; and for other purposes.
SB 213. By Senator Grayson of the 1st: A bill to amend the charter of the mayor and aldermen of the City of Savannah affecting the pension system for the employees of the mayor and aldermen; and for other purposes.
SB 145. By Senator Grayson of the 1st: A bill amending the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House, to wit:
HB 489. By Messrs. Walton, Smith and Alverson of Fulton: A bill to amend section 21-105 of the Code of Georgia of 1933 so as to fix the salary and compensation of coroners in counties having a population of 300,000 or more; and for other purposes.

1180

JOURNAL OF THE SENATE,

The House has adopted the following resolutions of the Senate, to wit:

SR 73. By Senator Pilcher of the 19th:
A resolution commending the Buckhead Century Club and the press for their fine entertainment on Wednesday, January 18, 1950; and for other purposes.

SR 75. By Senators Dykes of the 14th, Purdom of the 46th, and others: A resolution commending Senator Willis Smith for his position in defending the junior colleges of Georgia.
SR 81. By Senator Grayson of the 1st: A resolution inviting the Honorable James F. Byrnes to address a joint session of the General Assembly; and for other purposes.
SR 93. By Senator Blalock of the 36th: A resolution that the Reverend Billy Graham be invited to address a joint session of the General Assembly; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees :
SB 241. By Senator Eve of the 18th: A bill to amend the charter of the City of Augusta by repealing certain acts establishing the office of commissioners of public safety; and for other purposes.
Referred to the Committee on Municipal Government.
SB 242. By Senator Eve of the 18th:
A bill to amend the charter of the City of Augusta so as to abolish the office of commissioner of public safety and to delegate the powers vested in that office to the civil service commission; and for other purposes.
Referred to the Committee on Municipal Government.
SB 243. By Senator Eve of the 18th:
A bill to provide for absentee voting in municipal elections to establish a voters' list for use in the City of Augusta; to provide a method of challenging voters ; and for other purposes.
Referred to the Committee on Municipal Government.
HB 938. By Mrs. Blitch of Clinch: A bill entitled "An act to amend the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 6, 1950

1181

HB 936. By Mrs. Blitch of Clinch:
A bill to amend the act creating the charter for the City of Homerville so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.
Referred to the Committee on Municipal Government.

HB 930. By Messrs. Alexander and Duncan of Carroll: A bill to amend the act approved November 23, 1901, creating and adopting a new charter for the Town of Temple, and all acts amendatory thereof; and for other purposes..
Referred to the Committee on Municipal Government.
HB 928. By Mr. Summerour of Dawson: A bill to provide in counties of the State of Georgia having a population of not less than four thousand (4,000) , according to the Federal census of 1940, and any future Federal census, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 927. By Mr. Swindle of Berrien:
A bill to amend the charter of the Town of Alapaha, Berrien County, Georgia, to empower the mayor and aldermen to levy one per cent. ad valorem taxes on the property in said town; and for other purposes. Referred to the Committee on Municipal Government.
HB 873. By Messrs. Boone of Wilkinson, Harden of Ben Hill, and others: A bill to appropriate money for relief of W. J. Bush, 105 year old veteran of the Civil War and the last living veteran that Georgia sent to the Armies of the South; and for other purposes.
Referred to the Committee on Appropriations.
HB 1042. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, which increases the clerks in the tax receiver's office form 2 to 4 in counties with a certain population; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 368. By Messrs. Covington, Scoggin and Moulton of Floyd:
A bill to abolish the office of tax receiver and tax collector, and to create in lieu of the same the office of county tax commissioner of Floyd County, Georgia; and for other purposes. Referred to the Committee on Counties and County Matters.

1182

JOURNAL OF THE SENATE,

HB 966. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester, to extend and redefine the corporate limits of said city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1002. By Messrs. Alverson and Walton of Fulton:
A bill to amend an act establishing a local government commission in Fulton County, to provide for the extension of the existence of the said commission; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1039. By Messrs. Malone and Kellam of Laurens: A bill to provide for ample support and maintenance, and improvement and expansion of the Dublin public school system; to provide more revenue for such purposes; and for other purposes.
Referred to the Committee on Municipal Government.
HB 993. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend an act establishing a new charter for the City of East Point, to provide that the said city may assess the cost of laying water lines outside the city limits upon petition; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1038. By Messrs. Johnson and Barton of Hall: A bill to amend (Georgia Laws 1949, page 788), being an act entitled an act to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 1011. By Messrs. Willingham and Reed of Cobb: A bill to amend, consolidate and supersede the several acts incorporating the City of Kennesaw, in the County of Cobb, State of Georgia, and to create a new charter of said corporation; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1061. By Mr. Wilkes of Cook: A bill to incorporate the City of Adel; to include certain portions of territory in the Town of Sparks, and territory now included in the City of Adel; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 6, 1950

1183

HB 1079. By Messrs. Cohen, Bell and Coleman 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 Constitution of the State of Georgia.
Referred to the Committee on Amendments to the Constitution.

HB 1010. By Messrs. Adams and McKelvey of Polk:
A bill to amend an act of the General Assembly of Georgia, establishing the City Court of Polk County, in the City of Cedartown, and all acts amendatory thereof, by conferring upon the judge of said city court juvenile jurisdiction; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 948. By Mr. Boone of Wilkinson: A bill to incorporate the Town of Ivey in Wilkinson County.
Referred to the Committee on Municipal Government.

HB 971. By Mr. Tuten of Bacon: A bill to amend an act entitled "An act to create a new charter for the Town of Alma in Bacon County; and for other purposes.
Referred to the Committee on Municipal Government.

HB 987. By Messrs. Galloway and Vickers of Colquitt:
A bill to incorporate the Town of Berlin, in the County of Colquitt, State of Georgia, and to grant certain power and privileges to said town; to create a new charter; to provide a municipal government; to provide for a mayor and council; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1012. By Mr. Lockett of Randolph: A bill to create a method of election of a mayor and council in and for thee Town of Shellman; and for other purposes.
Referred to the Committee on Municipal Government.

HB 991. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend an act establishing a new charter for the City of East Point, and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1081. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1884-85, entitled "An act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor; and for other purposes.
Referred to the Committee on Counties and County Matters.

1184

JOURNAL OF THE SENATE,

HB 941. By Messrs. Page and McGee of Chatham:
A bill to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, particularly with respect to certain land of said town ; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1086. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act to establish a city court in the City of Columbus, for Muscogee County, and to provide for the appointment of a judge and solicitor thereof; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1078. By Messrs. Ellis of Coffee, Henderson of Atkinson, and others:
A bill to create a division of the office of Secretary of State to be known as the Georgia State Museum; and for other purposes.
Referred to the Committee on State of the Republic.

HB 1048. By Messrs. Howard, Hubert and McWhorter of DeKalb, Kemp of Clayton, and others :
A bill to carry into effect paragraph one, section three, article six of the Constitution, to add one additional judge of the superior court for the Stone Mountain Circuit; and for other purposes.
Referred to the Committee on General Judiciary.

HB 986. By Mr. Cagle of Cherokee:
A bill to amend an act of the General Assembly of Georgia, approved July 26, 1922, amending an act of July 29, 1919, and the act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 1913; and for other purposes.
Referred to the Committee on Municipal Government.
HB 983. By Messrs. Walton, Alverson and Smith of Fulton:
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 the Committee on Municipal Government.
HB 980. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by authorizing the mayor and council to elect or appoint a recorder for the City of Eatonton; and for other purposes. Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 6, 1950

1185

HB 979. By Mr. Griffith of Putnam:
A bill to repeal section 11 of an act approved August 12, 1921, creating a new board of commissioners for the County of Putnam; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 978. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by repealing sub-section (4), section 28, providing for a board of tax assessors to be elected by the people; and for other purposes.
Referred to the Committee on Municipal Government.

HB 973. By Messrs. Adams of Evans, Smiley of Liberty, and others:
A bill to amend an act known as the "Revenue Certificate Law of 1937" by adding to section 2 provisions whereby counties may purchase lands held in fee from the Government of the U. S.; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 972. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to provide an increase in the salaries of the judges and solicitor general of said court; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 954. By Messrs. Alver~>on, Walton and Smith of Fulton:
A bill to provide for the scientific appraisal of all taxable property in Atlanta and Fulton County; and for other purposes.
Referred to the Committee on Municipal Government.

HB 945. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to provide for the extension of the city limits to include "Sylvan Hills" and "Claire Drive"; and for other purposes.
Referred to the Committee on Municipal Government.

HB 944. By Messrs. Alverson, Walton and Smith of Fulton:
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 the Committee on Municipal Government.

HB 943. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the Code of Georgia of 1933, section 21-105, so as to fix the salary of the coroners in all counties of 300,000 or more at not less than $5,000.00 per year and not more than $7,000.00 per year; and for other purposes.
Referred to the Committee on Counties and County Matters.

1186

JOURNAL OF THE SENATE,

HB 946. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colbert in the County of Madison; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1029. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to Article VII, Section 4, paragraph 1, sub-paragraph 15, of the Constitution of Georgia, so as to authorize the General Assembly of Georgia with respect to Bibb County to enact a law or laws whereby a pension or retirement plan or plans may be constituted for all or any persons elected or appointed; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HB 1028. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment, so as to ratify and validate acts passed since the Federal census of 1940, and which affect Bibb County, its courts; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 199. By Messrs. Alverson, Smith and Walton of Fulton and Hubert of DeKalb:
A resolution proposing to the qualified voters of Georgia, an amendment to paragraph XXIII, Sec. VII, Article III, of the Ga. Constitution so as to authorize the General Assembly to create Fulton County independent governmental authorities and to grant them certain powers; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 187. By Mr. Holloway of Schley:
A resolution proposing to the qualified voters of Georgia an amendment to Article 8, Section 5, paragraph 1, of the Constitution of Georgia so as to provide for the election of members of the county board; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 186. By Mr. Summerour of Dawson:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, to provide for the election of members of the county board of education of Dawson County by the people; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

MONDAY, FEBRUARY 6, 1950

1187

HR 183. By Mr. Lewis of Hancock:
A resolution to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I, of the Constitution so as to provide for the election of members of the county board of education of Hancock County by the people; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 182. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I of the Constitution to provide that upon the extension of the city limits of Atlanta the territory embraced therein shall become a part of the Atlanta independent school system; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 181. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, paragraph IV of the Constitution to provide for homestead exemption in the City of Atlanta; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 180. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, paragraph I, of the Constitution, to provide that the City of Atlanta may assume part of the Fulton County school bonds if the city limits are extended; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 179. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to paragraph I, Section I, Article XI of the Constitution so as to require the tax receiver, collector or commissioner to receive tax returns and collect taxes due the City of Atlanta; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 178. By Mr. Mashburn of Forsyth:
A resolution proposing an amendment to Article VII, Section VII, paragraph I, of the Constitution of Georgia in regard to bonds of Forsyth County; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 171. By Mr. Byrd of Taylor:
A resolution proposing to the qualified voters an amendment to Article VIII, Section V, paragraph I of the Constitution of the State of Georgia, so as to provide for the division of Taylor County into nine school

1188

JOURNAL OF THE SENATE,

districts and for the election of members of the county board of education from such school districts; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 148. By Messrs. Hubert, Howard and McWhorter 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 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.
Referred to the Committee on Amendments to the Constitution.

HR 142. By Mr. Johnson of Hall:
A resolution compensating for injuries by State Highway Department employee to Mr. Marion Murphy; and for other purposes.
Referred to the Committee on Appropriations.

HR 137. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, paragraph I of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County may make and levy special assessments for street improvements; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 136. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, paragraph 1 of the Constitution of Georgia, to provide that the board of county commissioners of Fulton County, etcetera, shall supplement from the said county's treasuray the salaries of each of the judges of the Atlanta Judicial Circuit by the sum of $6,000.00 per annum; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 134. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A resolution to propose an amendment that Muscogee County, Georgia, may issue and sell 'street improvement bonds" without the assent of a majority of the qualified voters of said county.
Referred to the Committee on Counties and County Matters.
HR 132. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, may exceed 7% of the assessed value

MONDAY, FEBRUARY 6, 1950

1189

incurred by Fulton County board of education, but shall not exceed 12% thereof; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

HR 131. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, section I, paragraph IV, of the Constitution of Georgia to provide that the homestead exemption from taxation shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 129. By Messrs. Robertson and Hill of Meriwether:
A resolution proposing to the qualified voters an amendment to Article 8, Section 5, paragraph 1 and an amendment to Article 8, Section 6, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Meriwether County into school districts, and for the election of members of the county board of education from such school district; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 124. By Messrs. Durden and Davis of Dougherty:
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, paragraph 1 of the Constitution of Georgia, 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 Albany and the existing school district in the County of Dougherty; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 83. By Messrs. Kidd and Jennings of Baldwin:
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 Baldwin County into school districts; and for other purposes.
Referred to the Committee on Amendments to the Constitution.
HR 77. By Messrs. Smith, Walton and Alverson of Fulton:
A resolution to propose to the qualified voters of Georgia an amendment to Article VII, Section V, paragraph I of the Constitution of Georgia of 1945 to authorize Fulton County to contribute to the support of stateowned institutions within its limits; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

1190

JOURNAL OF THE SENATE,

HB 1084. By Mr. Hurst of Quitman:
A bill to provide that the clerk of the Superior Court of Quitman County shall also be the clerk of the court of ordinary of said county and shall have the powers to give bond, etc.; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1066. By Messrs. Hubert,Howard 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; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1065. By Messrs. Hubert, Howard 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; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1064. By Messrs. 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 for other purposes.
Referred to the Committee on Municipal Government.

HB 1063. By Messrs. 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; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1062. By Mr. Wilkes of Cook:
A bill to repeal an act approved December 20, 1899, entitled an act to establish a new charter for the Town of Sparks, County of Berrien, and all amendments the1eto, so as to repeal the charter of the Town of Sparks; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1060. By Mr. Wilkes of Cook:
A bill to repeal an act approved July 29, 1919, entitled an act to incorporate the City of Adel and all amendments thereto, so as to repeal the charter of the City of Adel; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 6, 1950

1191

HB 1059. By Mr. Baggett of Grady:
A bill to amend an act entitled "An act to establish the City Court of Cairo, in and for the County of Grady; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1058. By Mr. Best of Clay:
A bill to repeal an act entitled "An act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton, in the County of Clay"; and for other purposes.
Referred to the Committee on Temperance.

HB 1055. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1054. By Messrs. Alverson, Walton and Smith of Fulton:
A bill establishing a new charter for the City of East Point, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1053. By Messrs. Salter and Freeman of Upson:
A bill to increase the compensation of the chairman of the board of commissioners of roads and revenues of Upson County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1052. By Messrs. McGee, Hood and Page of Chatham:
A bill to amend the act entitled "An act 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 the Committee on Counties and County Matters.

HB 1047. By Messrs. Walton, Smith and Alverson of Fulton: A bill to amend the charter of the City of Hapeville and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1046. By Messrs. Bell and Cohen of Richmond:
A bill to amend an act (Georgia Laws 1947, page 70) so as to arrange the registration list of Richmond County, Georgia, alphabetical by names instead of alphabetical by streets; and for other purposes.
Referred to the Committee on Counties and County Matters.

1192

JOURNAL OF THE SENATE,

HB 1043. By Mr. McGarity of Henry:
A bill to amend an act known as "amending charter of McDonough" and acts amendatory thereof, by amending the charter of the Town of McDonough, in the County of Henry, to extend the corporate limits of the said City of McDonough; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1031. By Mr. Pannell of Murray:
A bill to amend the act creating the board of roads and revenues of Murray County, so as to increase the salary of the clerk of said board from twenty ($20.00) dollars per month to one hundred ($100.00) dollars per month; to provide for a referendum; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1024. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta, to authorize the levy and collection of a tax by said city upon consumers of electricity, gas or other products or services of public utility companies for a period of two years only; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1016. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1008. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1915, which was a bill creating the Municipal Court of Columbus, and entitled "An act to abolish justice courts and the office of justice of the peace and notary public ex-officia justice of the peace, and to establish and create a municipal court; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 999. By Messrs. Langdale and Mathis of Lowndes: A bill to amend the charter of the City of Valdosta; to alter, extend and redefine the corporate limits of said city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 992. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act known as the Georgia Building Safety Law (Georgia Laws 1947, p. 1452) so as to authorize cities having a population of more than 250,000 to enact building safety ordinances; and for other purposes.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 6, 1950

1193

HB 982. By Mr. Cook of Chattooga:
A bill to amend an act approved March 10, 1941, Georgia Laws 1941, pp. 621-634, entitled an act to establish the City Court of Chattooga County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 976. By Messrs. Abney and Campbell of Walker:
A bill to require candidates in primary elections for members of the General Assembly in all counties with a population of not less than 31,020 and not more than 31,030, according to the census of 1940, to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 942. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act abolishing the justice of peace courts and the establishment of the Municipal Court of Atlanta as heretofore amended, to provide for the increase in the salary of the chief judge of said court; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 988. By Mr. Cagle of Pickens:
A bill to amend the act creating the office of tax commissioner of Pickens County, Georgia; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 1006. By Mr. Miller of~Miller:
A bill to amend an act approved March 2nd, 1935, establishing a city court in and for the County of Miller; changing the method of compensating the solicitor of said court; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 1069. By Messrs. 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 Counties and County Matters.
HB 912. By Messrs. Matthews and Baker of Clarke and Campbell of Oconee:
A bill to supplement the salary of the judge of the superior courts of the Western circuit so as to allow expenses for clerical hire, office and library expense; and for other purposes.
Referred to the Committee on Special Judiciary.

1194

JOURNAL OF THE SENATE,

HR 206. By Messrs. Boone of Wilkinson, Malone of Laurens, and others:
A resolution memorializing the Georgia delegation in Congress to seek the passage of proper legislation honoring the commemorating the Honorable Dudley Mays Hughes by having his name inscribed upon certain United States postage stamps; and for other purposes.
Referred to the Committee on State of the Republic.

HB 1007. By Mr. Miller of Miller: A bill to amend, consolidate and supersede the several acts, incorporating the City of Colquitt; and for other purposes.
Referred to the Committee on Municipal Government.

HB 955. By Mr. Summerour of Dawson:
A bill to repeal an act which abolished the office of the county treasurer of Dawson County, and provide the manner in which funds of such county could be disbursed; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 995. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, section 88-203, pertaining to authority of county boards of health in counties with certain population ; and for other purposes.
Referred to the Committee on Public Health.

HB 1090. By Messrs. Galloway and Vickers of Colquitt:
A bill to amend an act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt; to fix the terms of the mayor and council of said town; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1093. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend an act approved March 24, 1939, entitled an act to grant to the commissioners of roads and revenues or other authority having charge of the fiscal affairs in counties with a certain population, to regulate in said county, outside of the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 969. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend section 114-101 of the Code of Georgia of 1933 as amended to carry out as to all counties in the state having a certain population the authority contained in Article VII, Section IV, paragraph I, which provided counties to levy taxes to provide for workmen's compensation and retirement of pension funds for officers and employees"; and for other purposes.
Referred to the Committee on Amendments to the Constitution.

MONDAY, FEBRUARY 6, 1950

1195

HB 1077. By Mr. Smith of Haralson:
A bill to amend an act creating a board of commissioners of roads and revenues for Haralson County, so as to reduce the expense account allowed the county commissioners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 956. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Lumpkin County and creating an office of tax commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1082. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to establish a new charter for the City of Atlanta and the several acts amendatory thereof, to provide for the extension of the city limits; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1003. By Mr. Dunn of Seminole:
A bill to amend an act approved August 26, 1931, amending the charter of the City of Donalsonville; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1023. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham, to authorize the mayor and council of said city to create the office of recorder for said City of Pelham; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1092. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved March 20, 1943, entitled "An act to create and establish for DeKalb County a DeKalb County water works advisory board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1094. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved August 21, 1906, entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalb; so as to provide that the commissioner of roads and revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures relating to such budget periodically to each grand jury for said county; and for other purposes.
Referred to the Committee on Counties and County Matters.

1196

JOURNAL OF THE SENATE,

HB 1070. By Messrs. 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 1000. By Messrs. Vandiver, Miller and Trice 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; to amend section 2 of said act by adding thereof description of new territory to become a part of the city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1001. By Messrs. Robertson and Hill of Meriwether:
A bill to amend an act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester; to authorize the city to close to public use certain streets; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1072. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 17, 1909, providing a new charter for the Town of Decatur, so as to provide that a person desiring to offer for election as commissioner of said city shall specify the incumbent whom such candidate desires to oppose; and for other purposes.
Referred to the Committee on Municipal Government.
HB 985. By Messrs. Davis and Durden of Dougherty:
A bill to amend the act of 1949, page 1622, entitled an act to provide for the regulation of the installation of warm air heating equipment; and for other purposes.
Referred to the Committee on Public Utilities.

HB 1068. By Messrs. Hubert, Howard 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; and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1067. By Messrs. Howa1d, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 17, 1909, creating and establishing a new charter for the Town of Decatur, now City of Decatur; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 6, 1950

1197

HB 809. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to delegate to and to authorize and empower the commissiOners of roads and revenues of Muscogee County to increase or decrease the salaries of the clerk of the Superior Court of Muscogee County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1018. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act establishing the charter for the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1095. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act known as the Georgia Building Safety Code so as to authorize counties having a population of 300,000 or more according to~he U.S. census of 1940 or any future U.S. census to enact and enforce bullding safety codes in lieu of the provisions of said Georgia Building Safety Law; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 990. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, to regulate salaries of the judge, clerks, deputies clerk, sheriff and deputy sheriffs of the municipal court, City of Augusta; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1032. By Mr. Summerour of Dawson:
A bill to amend section 1 of an act approved February 25, 1949, providing for the terms of the superior court of Dawson County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1009. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act entitled "An act to amend an act to create the board of commissioners of roads and revenues of the County of Muscogee" so as to provide for holding regular and called sessions; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 996. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, section 88-205, to provide that in all counties with certain population the publishing of rules of said counties shall be prima facie evidence for such posting; and for other purposes.
Referred to the Committee on Counties and County Matters.

1198

JOURNAL OF THE SENATE,

HB 1057. By Mr. Smith of Haralson:
A bill to amend an act setting up the salary of the treasurer of Haralson County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 953. By Messrs. Alverson, Smith and Walton of Fulton:
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; to provide "employees of the city" shall include retired officers and employees; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1021. By Mr. McCracken of Jefferson:
A bill to create and establish a new charter for the Town of Bartow to declare the rights, powers and privileges of said corporation; and for other purposes.
Referred to the Committee on Municipal Government.

HB 940. By Mr. Page of Chatham:
A bill to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, so as to extend the corporate limits of said town; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1022. By Mr. McCracken of Jefferson:
A bill to amend Code section 92-4101 so that said section as amended shall provide "tax over one-half of one percent, prohibited by any municipality provided that provisions of section 92-4101 to 92-4104 shall not apply to certain cities; and for other purposes. Referred to the Committee on Special Judiciary. HB 1014. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "An act to consolidate, amend and supersede the several acts incorporating the Town of Louisville, in the County of Jefferson; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1071. By Messrs. 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, in the County of DeKalb, and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.
HB 1004. By Mr. Witherington of Echols:
A bill to amend an act of the Georgia Legislature of 1945, entitled "An act to provide for the division of Echols County into three commissioner's districts ; and for other purposes.
Referred to the Committee on Counties and County Matters.

MONDAY, FEBRUARY 6, 1950

1199

Mr. Pittman of the 42nd 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 239. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Ayers of the 13th 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 937. Do Pass.
SB 238. Do Pass.
HB 892. Do Pass.
Respectfully submitted, Ayers of 13th District, Chairman

Mr. Ansley of the lOth District, chairman of the Committee on Motor Vehicles, submitted 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 933. Do Pass.

Respectfully submitted, Ansley of lOth District, Chairman

1200

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 238. By Senator Harrison of the 17th:
A bill to provide for a salary for the court reporter of the Ogeechee Judicial Circuit; and for other purposes.

SB 239. By Senator Eve of the 18th:
A bill to amend Code section 30-107 by changing the time of residence for a person to obtain a divorce from twelve months to six months; and for other purposes.

HB 892. By Messrs. Bolton and Harper of Spalding:
A bill to consolidate the office of tax receiver and tax collector of Spalding County; and for other purposes.

HB 933. By Messrs. McMillan of Washington, Ray of Warren, Lewis of Hancock, and others :
A bill to amend chapter 95-19 of the Code of Georgia of 1933, known as the Grade Cro~Jing Elimination Act; and for other purposes.

HB 937. By Mrs. Blitch of Clinch:
A bill to amend the act creating the board of commissioners of roads and Revenue for Clinch County; and for other purposes.

The following local bills of the Senate were read the third time and put upon their passage:
SB 236. By Senator Florence of the 39th: A bill to repeal an act creating a nine member board of commissioners of roads and revenue for Douglas County; to 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 237. By Senator Florence of the 39th:
A bill to create the office of commissioner of roads and revenue for Douglas County; to provide for the election of such commissioners; provide for salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 6, 1950 The following resolutions were read and adopted:

1201

SR 94. By Senator Pilcher of the 19th:
A resolution that the members of the Senate express sympathy to Senator Knox Gholston of the 30th District, who is absent because of illness.

SR 95. By Senator Pilcher of the 19th:
A resolution authorizing the Lieutenant Governor as President of the Senate and the Secretary of the Senate hold their offices open for the transacting and completing their official duties and for payment of necessary official expenses.

The following general bills of the Senate and House were read the third time and put upon their passage:
HB 745. By Messrs. Salter and Freeman of Upson:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission so as to authorize said commission to issue certificates of public convenience and necessity to telephone corporations, companies, or persons, firms or associations owning, leasing or operating a telephone service or telephone line in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 136. Bq Senator Roddenberry of the 3rd:
A bill to provide for state control and regulation over all state property and streets adjacent to same; to provide for state control and jurisdiction of streets or highways adjacent to state owned 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Rodenberry of the 3rd asked unanimous consent that SB 136 be immediately transmitted to the House, and the consent was granted.
SB 207. By Senator Roddenberry of the 3rd:
A bill to regulate identification of sellers of cattle and hogs within this state; to provide for registering of name and address with license tag number of automobile or truck of each seller by the operator of auction sales barn and other buyers of live stock and hogs; and for other purposes.

1202

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 225. By Senator Smith of the 37th:
A bill to amend Code section 84-1401 dealing with counties in which it is necessary to obtain license to engage in the real estate business by changing the population figures to 25,000; and to amend Code section 84-1409 by granting the commission discretionary power to grant temporary brokers licenses; and for other purposes.
Senator Garrett of the 53rd offered the following amendment:
Amend SB 225 by striking the figures "25,000" wherever it appears in said bill and inserting in lieu thereof the figures "22,000".
On the adoption of the amendment, the ayes were 18, nays 12, 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 28, nays 7.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cochran of the 7th asked unanimous consent that SB 225 be immediately transmitted to the House, and the consent was granted.

SB 193. By Senator Harrison of the 17th:
A bill to amend an act known as the Electric Membership Corporation Act to permit the division of corporation territory into districts for various purposes; and for other purposes.
Senator Pilcher of the 19th offered the following amendment:
Amend SB 193 by adding a new section to be numbered as Section 5 and to read as follows :
"All laws and parts of laws in conflict with this act in conflict herewith, be and the same are hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

MONDAY, FEBRUARY 6, 1950

1203

SB 181. By Senator Overby of the 33rd:
A bill to repeal the act creating juvenile courts in certain counties, approved August 16, 1915 (Ga. Laws 1915), page 35 as amended, all of which acts are codified as chapter 24-24 of the Code of Georgia; and for other purposes.

Senator Overby of the 33rd offered the following amendment:
Amend SB 181 by inserting a new section to be known as section 35 and renumber the repealing clause to read as follows:
"This act shall become effective January 1, 1951, and within 30 days thereafter, the judges of the superior courts shall make the appointments as hereinafter provided and set in operation the various district courts."
The amendment was adopted.

Senator Land of the 24th offered the following amendment:
Amend SB 181 by striking therefrom entirely paragraph 6 of Section 5.
The amendment was adopted.
Senator Overby of the 33rd offered the following amendment:
Amend SB 181 as follows:
By striking that portion of sub-section 4 of section 5 of said bill which reads as follows :
"Provided that upon the recommendation of a majority of the judges of the superior court whose circuit or parts of circuits are embraced within the juvenile court district, such salary shall be augmented by the counties composing the juvenile court district and to be prorated in accordance with the population of each county and paid from county funds"
and by inserting in lieu thereof the following language:
"Provided that upon the recommendation of a majority of the several boards of county commissioners, or of ordinaries in counties embraced within the juvenile court district, such salary shall be augmented by the counties comprising the juvenile court district and to be prorated in accordance with the population of each county and paid from the county funds"
so that sub-section 4 of section 5 of SB 181 as amended will read as follows:
"(4) Compensation of the judge shall be five thousand ($5,000) dollars per annum to be paid by the State. Provided: that upon the recommendation of a majority of the several Boards of County Commissioners, or of ordinaries in counties which have no Board of County Commissioners, of the counties embraced within the juvenile court district, such salary shall be augmented by the counties comprising the juvenile court district and to be prorated in accordance with the population of each county and paid from county funds; further provided that those counties in which juvenile courts are now organized and are being paid

1204

JOURNAL OF THE SENATE,

out of county funds shall continue to pay the salary of the judge and other court personnel and operating expenses of the court in the amounts and under the same rules and regulations as are now being paid, provided the combined salary paid to the judge by the county and state shall not exceed the maximum amount paid to superior court judges serving in the district, in which instance the county shall deduct that amount which is in excess of the maximum salary being paid to superior court judges. The state shall pay the expenses of all juvenile court judges when outside of their home county in the same manner and form as paid to the superior court judges."
By striking sub-section 4 (b) of section 7 of said SB 181.
The amendment was adopted.

Senator Overby of the 33rd offered the following amendment:
Amend SB 181 by striking section 4 in its entirety and inserting a new section 4 to read as follows :
SECTION 4. Juvenile Court Districts. The entire state is divided into twenty-three juvenile court districts with jurisdiction, powers, duties and responsibilities as hereinafter set out, as follows:
(1) Composed of the counties of Dade, Walker, Catoosa, Whitfield, Murray, Chattooga and Floyd.
(2) Composed of the counties of Fannin, Gilmer, Gordon, Bartow, Pickens and Cherokee.
(3) Composed of the counties of Union, Towns, Rabun, Lumpkin, White, Habersham, Stephens, Dawson, Hall, Banks and Forsyth.
(4) Composed of the counties of Polk, Paulding, Cobb, Haralson, Douglas and Carroll.
(5) Composed of the county of Fulton.
(6) Composed of the counties of DeKalb, Clayton, Rockdale and Newton.
(7) Composed of the counties of Gwinnett, Barrow, Jackson, Walton, Oconee, Morgan and Greene.
(8) Composed of the counties of Franklin, Hart, Madison, Elbert, Clarke, Oglethorpe, Wilkes and Lincoln.
(9) Composed of the counties of Heard, Coweta, Fayette, Spalding, Troup, Meriwl;lther, Pike and Upson.
(10) Composed of the counties of Henry, Butts, Jasper, Putnam, Lamar, Monroe and Jones.
(11) Composed of the counties of Taliaferro, Warren, McDuffie, Hancock, Glascock, Jefferson, Baldwin and Washington.
(12) Composed of the counties of Columbia, Richmond and Burke.
(13) Composed of the counties of Harris, Talbot, Taylor, Muscogee, Chattahoochee and Marion.

MONDAY, FEBRUARY 6, 1950

1205

(14) Composed of the counties of Crawford, Bibb, Peach and Houston.
(15) Composed of the counties of Twiggs, Wilkinson, Johnson, Bleckley, Laurens, Treutlen, Pulaski, Dodge, Wheeler, Montgomery and Telfair.
(16) Composed of the counties of Emanuel, Jenkins, Screven, Candler, Bulloch, Effingham, Toombs, Tattnall and Evans.
(17) Composed of the counties of Chatham, Bryan, Liberty and Long.
(18) Composed of the counties of Stewart, Webster, Schley, Macon, Sumter, Dooly, Quitman, Randolph, Terrell, Lee, Crisp and Clay.
(19) Composed of the counties of Wilcox, Worth, Turner, Ben Hill, Irwin, Tift, Coffee, Jeff Davis and Atkinson.
(20) Composed of the counties of Appling, Wayne, Mcintosh, Brantley, Glynn and Camden.
(21) Composed of the counties of Calhoun, Dougherty, Early, Baker, Miller, Mitchell, Seminole, Decatur and Grady.
(22) Composed of the counties of Colquitt, Cook, Berrien, Thomas, Brooks and Lowndes.
(23) Composed of the counties of Bacon, Pierce, Ware, Lanier, Clinch, Charlton and Echols.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 156. By Senator Grayson of the 1st: A bill to create the Georgia Turnpike Authority; and for other purposes.

Senators Zellner of the 22nd, Rodenberry of the 3rd and Ursery of the 54th offered the following amendment:
Amend SB 156 by striking out the period at the end of the first sentence of section XI and inserting in lieu thereof, a semicolon and adding the following:
"provided that a sufficient number of gas stations shall be authorized to be established in each service area along such turnpike to permit reasonable competition by private business in the public interest."
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 41, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

1206

JOURNAL OF THE SENATE,

The following resolution of the House was read and adopted:
HB 213. By Mrs. Blitch of Clinch, and others :
A resolution to authorize the Governor to accept a gift of property from Mrs. Stellanova B. Osborn, and expressing appreciation for said gift.

SR 78. By Senator Grayson of the 1st:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VI, Section V, paragraph 5 (Code Sup. 2-4001) of the Constitution of Georgia, so as to authorize the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia, to fix their authority while so acting; and for other purposes.
SECTION I. Be it resolved by the General Assembly of the State of Georgia that Article VI, Section V, paragraph I (Code Sup. 2-4001) of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof the following:
Provided, however, that the Judge of the Superior Court of the Eastern Judicial Circuit of Georgia may hereafter, in his discretion, designate the judge of the City Court of Savannah, or the Chief Judge of the Municipal Court of Savannah, or both, as judges pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the Superior Court of Chatham County, and said judges pro hac vice, shall possess the rights and powers vested in the Judge of said Superior Court for such period and in such matters as the Judge of the Superior Court may designate, by order.
SECTION II. 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 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 Chatham County, Georgia, for two months previous to the time of holding the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots,
"For ratification of amendment to Article VI, Section V, paragraph 1 (Code Sup. 2-4001) of the Constitution of Georgia authorizing the designation of Pro Hac Vice Judges in the Eastern Judicial Circuit of Georgia, etc."
and all persons opposed to the adopting of said amendment shall have written or printed on their ballots,
"Against ratification of amendment to Article VI, Section V, paragraph 1 (Code Sup. 2-4001) of the Constitution of Georgia authorizing the designation of Pro Hac Vice Judges in the Eastern Judicial Circuit of Georgia, etc."
If a majority of the electors voting thereon in the state as a whole and also a majority of said electors, voting thereon in Chatham County

MONDAY, FEBRUARY 6, 1950

1207

shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the General Assembly, the said amendment shall become a part of Article VI, Section V, Paragraph I, of the Constitution of the state, and the Governor shall make his proclamation thereof.
SECTION III. That if and in the event that said proposed amendment is approved as provided by law, upon the Governor issuing his proclamation as provided by law the provisions of said constitutional amendment shall become effective and said resolution shall be self executing without the necessity of further or additional legislation.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an amendment to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton
Mason Massey McCoy Newton Peterson Pilcher Pittman Purdom

Rackley
Rich Roddenberry Rowland Saunders Sims Stark Staten Swint Tarver Turner Ursrey Wright Zellner

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

On the adoption of the resolution, the ayes were 46, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 150. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah by authorizing the city to adopt ordinances providing for the assessment and reassessment of real estate and personal property; to provide for notice to owners of assessments; to provide for filing of protests and hearings; and for other purposes.
The House amendment was as follows:
By Messrs. Hood, McGee and Page of Chatham:
Amend SB 150 by striking Section 2 and inserting a new Section 2 to

1208

JOURNAL OF THE SENATE,

read as follows: "The Mayor and Aldermen shall only have authority to levy taxes on any reassessment of property as of January 1, of each year hereafter."
Senator Grayson of the 1st moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 30, nays 0, and the amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 144. By Senator Grayson of the 1st:
A bill authorizing the mayor and aldermen of the City of Savannah to incur an additional debt under terms of Paragraph III, Section VII, Article VII of the Constitution; and for other purposes.
The House offered the following amendments:
By Messrs. Hood and McGee of Chatham:
Amend SB 144 by adding to Section 1 a new subparagraph to be entitled subparagraph 6 to read as follows: (6) Provided, however, that an amount not to exceed five hundred thousand ($500,000) dollars of such additional debt referred to in subparagraph 1, shall be utilized by the mayor and aldermen of the City of Savannah for the improvement, maintenance and installation of sewerage and drainage systems of the City of Savannah and for the elimination of pollution now existing.
By Messrs. Hood, McGee and Page of Chatham:
Amend SB 144 by adding to Paragraph 3 of Section 1 the following language: "The mayor and aldermen of the City of Savannah are hereby expressly prohibited from expending any funds acquired under the provisions of this bill until such time as they have actually levied a separate tax sufficient to pay the principle and interest of the debt and have made provisions to keep the revenue derived from said tax in a separate fund to be used only for the retirement of principle and interest of the debt incurred hereunder."
Senator Grayson of the 1st moved that the Senate agree to the House amendments.
On the motion to agree the ayes were 30, nays 0, and the amendments were agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 145. By Senator Grayson of the 1st:
A bill amending the charter of the mayor and aldermen of the City of Savannah; and for other purposes.

MONDAY, FEBRUARY 6, 1950

1209

The House amendments were as follows:
By Messrs. Hood and McGee of Chatham:
Amend SB 145 by strikng Section 2 thereof and inserting a new Section 2 to read as follows: "Be it further enacted that the mayor and aldermen are hereby prohibited from levying taxes on property included in the annexation under this bill until such time as the mayor and aldermen of the City of Savannah have furnished the following city services to the owners of property living within the annexed areas to wit: city water, city sewerage, city garbage disposal, city fire protection, city police protection, city drainage and the laying out and grading of city streets. It being the intent of this act that all streets within the annexed areas are hereby dedicated to the City of Savannah for use as streets."
By Messrs. Hood and McGee of Chatham:
Amend SB 145 by striking Section 3 thereof and inserting a new Section 3 to read as follows: "Be it further enacted that after the furnishing of services as hereinbefore set forth, the mayor and aldermen of the City of Savannah shall before levying and collecting taxes against property owners within the annexed areas, give tax credit to all persons, firms, or cooperations who have at their own expense installed water mains, sewerage mains and paved streets. Said tax credits for water mains for sewerage mains shall be in an amount equal to the reasonable value of the cost of installation of the same. Tax credits for streets paved shall be in an amount equal to one-third of the cost of the laying of said pavement. No payments in tax credits shall be made for water mains or sewerage mains unless the same are utilized by the City as part of their water or sewerage system. Persons, firms, or cooperations shall be deemed to mean those persons, firms, or cooperations who are the owners of property after the furnishing of services and at the time of the beginning of taxation of said property and shall be extended to include their assigns and successors in title. In the event of disagreement between the City of Savannah and any property owner, the question shall be submitted to arbitration as provided by state law."
By Messrs. Page, Hood and McGee of Chatham:
Amend Section 1 of SB 145 as follows: By striking from line 23 of said Section 1 the word "across" as same appears in line 23, and substituting in lieu thereof the word "following," so as amended said Section 1 shall read as follows :
"Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority aforesaid that from and after the passage of this act the corporate limits of the City of Savannah are hereby extended to include the land and improvements and property located within the following boundaries as herein after set forth :
Beginning at a point where the northern line of DeRenne Avenue intersects with the western line of the Middleground Road, thence eastward along the northern line of DeRenne Avenue to its intersection with the western line of the Skidaway Road ,thence north along the western line of the Skidaway Road to its intersection with the northern line of the Old Thunderbolt Shell Road, thence along the northern line of said Shell Road to its intersection with the northwestern line of Placentia Canal, thence along this line of the Placentia Canal to its intersection with the south line of Victory Drive to the western line of Levy Avenue, thence along the western line of Levy Avenue projected across Bona-

1210

JOURNAL OF THE SENATE,

venture Road to its intersection with the old right of way of the Savannah Electric & Power Company, thence following the old right of way of the Savannah Electric & Power Company to the eastern line of Maryland Avenue projected, thence along the east line of Maryland Avenue projected to the southern line of Bolton Street projected, thence west along the southern line of Bolton Street projected to the east line of Laurel Avenue, thence northward along the eastern line of Laurel Avenue to the projected intersection of the south property line of Deptford Homes with Laurel Avenue, thence eastward along the south property line of Deptford Homes to the eastern property line of Deptford Homes, thence north along that property line to its intersection with the southern line of the old Central of Georgia right of way to Tybee, thence along the southern line of said Central of Georgia right of way in a western direction to the projected east property line of Moses Rogers Grove, thence north across the Central of Georgia right of way and President Street extension along the eastern property line of Moses Rogers Grove to its intersection with the north property line of Moses Rogers Grove, thence along the northern line west to the eastern line of Shipyard Road, thence south along the eastern line of Shipyard Road to the intersection with the southern line of the Central of Georgia right of way, thence westward along said southern line of the Central of Georgia right of way to its intersection with the present corporate limits at the eastern line of Pennsylvania Avenue.
Also beginning at the point where the western line of the Middleground Road intersects with the northern line of DeRenne Avenue northwardly along the west line of the Middleground Road to its intersection with the north line of Staley Street, thence eastwardly along north line of Staley Street to the western line of the Middleground Road, thence northwardly along said western line of the Middleground Road to the present city limits at its intersection with 62nd Street, thence following the western line of the present corporate limits as said line meanders to the point where the present corporate limits intersect with the northern line of the Louisville Road, thence westwardly along the northern line of the Louisville Road following the present city limits north and west to the intersection of said line with the eastern line of West Lathrop Avenue extended, thence across West Lathrop Avenue extended in a straight line produced and parallel to the Augusta Road and/or Bay Street extension to a point where said line intersects with the eastern line of U. S. 80, thence along the eastern line of U. S. 80 in a northern direction to its intersection with the northern line of the Augusta Road and/or Bay Street extension, thence across the Augusta Road and/or Bay Street extension to the north line of said Augusta Road and/or Bay Street extension, thence along the northern line of the Augusta Road and/or Bay Street extension in an eastern direction and across West Lathrop Avenue extended until it intersects with the western line of the present corporate limits."
Senator Grayson of the 1st moved that the Senate agree to the House amendments.
On the motion to agree, the ayes were 30, nays 0, and the amendments were agreed to.
Senator Pilcher of the 19th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

TUESDAY, FEBRUARY 7, 1950

1211

Senate Chamber, Atlanta, Georgia Tuesday, February 7, 1950

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:

Ansley Ayers Blalock Boyett Clary Coleman Daniel Davis Dykes Eve Foster Garrett Gary Grayson Harris

Harrison Higginbotham Housley Jones Land, 51st Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Stark Staten Swint Turner Wright Zellner

Senator Tarver of the 48th 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 Pilcher of the 19th 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 bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. 7. The right granted to the president to call up any bill on the calendar in
the order that he may desire. The consent was granted.

1212

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 to wit:

HB 1056. By Mr. Covington of Floyd:
A bill to repeal Code Section 84-927 relating to the authority of the State Board of Medical Examiners of Georgia to issue temporary license to certain aliens; and for other purposes.

HB 1080. By Messrs. Henderson of Atkinson, Ellis of Coffee and others:
A bill to amend the act known as the General Appropriations Act, approved February 25, 1949 by providing for an appropriation for the Georgia State Museum; and for other purposes.

HB 1099. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to repeal the law requiring a late primary for county officers in counties having a population of 200,000 or more; and for other purposes.

HB 1100. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to provide the extension of the city limits to include "Sherwood Forest" and "Armor Area"; and for other purposes.
HB 1102. By Messrs. Johnson and Barton of Hall:
A bill to authorize the board of commissioners of roads and revenues of Hall County to create and establish restricted zones or districts; and for other purposes.
HR 168. By Messrs. Davis of Bartow, Jenkins of Bartow and others:
A resolution that the Department of Parks is hereby authorized and directed to negotiate with the federal government for the leasing of said Allatoona Dam recreational area and to operate said recreational area; and for other purposes.

The House has adopted the following resolutions of the House, to wit:
HR 214. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others: A resolution requesting the Federal Power Commission to grant permits for the building and construction of pipe lines to serve Georgia with natural gas.
HR 217. By Messrs. Bell and Coleman of Richmond and Willingham of Cobb: A resolution to retain Oliver General Hospital; and for other purposes.

TUESDAY, FEBRUARY 7, 1950

1213

The House has agreed to the Senate amendment to the following bills of the House, to wit:

HB 381. By Messrs. Willingham of Cobb and Davis of Bartow:
A bill to amend an act relating to the revocation of certificate of certified public accountants; and for other purposes.

HB 127. By Messrs. Howard of DeKalb, Smith of Fulton, Smith of Emanuel and others:
A bill to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years; and for other purposes.

HB 478. By Mr. Gross of Stephens:
A bill to fix the compensation of the reporter and assistant reporter of the Supreme Court and Court of Appeals; and for other purposes.

HB 768. By Mr. Abney of Walker:
A bill to authorize the Governor to lease certain lands in Walker County to the Walker County Sportsman Club; and for other purposes.
HB 770. By Messrs. Abney of Walker and Briscoe of Walton:
A bill to amend Section 30-102 of the Code of Georgia of 1933, which section relates to the grounds for the granting of a total divorce; and for other purposes.
HB 884. By Messrs. Page of Chatham, Hollis and Pickard of Muscogee:
A bill to authorize the Georgia Department of Public Health to pay from funds which might become available from the appropriation for the State Tuberculosis Sanatorium, or from other sources, to cities and counties the cost, or any part of the cost, of maintaining institutions; and for other purposes.
HB 886. By Mr. Twitty of Mitchell:
A bill to further regulate the sales and delivery of malt beverages, to provide for penalties for violation of this fact and for other purposes.
HB 934. By Messrs. Davis and Jenkins of Bartow and others:
A bill to amend the act known as the General Appropriations Act, so as to appropriate an additional $25,000.00 to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona Dam recreational area; and for other purposes.
HB 935. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others: A bill to amend an act entitled "an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.

1214

JOURNAL OF THE SENATE,

HB 949. By Messrs. Smith of Emanuel, and Ray of Warren:
A bill to amend an act approved February 25, 1949, entitled General Appropriation Act, changing the appropriation of the Department of Revenue; and for other purposes.

HB 952. By Messrs. Bolton and Harper of Spalding:
A bill to repeal an act approved December 20, 1897; to incorporate the City of Sunny Side; and for other purposes.

HB 981. By Messrs. McMillan of Washington, MeWhorter of DeKalb and others:
A bill to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons; and for other purposes.

HB 1033. By Messrs. Gross of Stephens, and Twitty of Mitchell:
A bill to amend Chapter 92-31 of the Code of Georgia of 1933 relating to income taxes and the imposition, rate and computation of such income taxes; and for other purposes.

HB 1036. By Messrs. Covington of Floyd, Gross of Stephens and others:
A bill to amend Section 56-1413 of the Code of Georgia of 1933, relating to the power and authority of incorporated mutual or cooperative fire insurance companies to make contracts of insurance or reinsurance; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees:
SB 244. By Senator Eve of the 18th:
A bill to exempt any municipal corporation having a population of between 65,000 and 70,000 according to the U. S. census of 1940 or any future census from the provisions of Section 92-7601 of the Code of Georgia of 1933, so as to authorize a lower rate of interest on assessments for streets and sewers; and for other purposes.
Referred to the Committee on Municipal Government.
SB 245. By Senator Dykes of the 14th:
A bill to amend the act approved February 18, 1943 (Ga. Laws 1943, pages 284-288) which Act is entitled: "An act to reorganize the State Department of Law by repealing Code Sections 40-1607, 40-1608 and 40-1609, relating to the Department of Law, Attorney General; to fix salaries; and for other purposes.
Referred to the Committee on General Judiciary.

TUESDAY, FEBRUARY 7, 1950

1215

HB 127. By Messrs. Howard of DeKalb, Smith of Fulton, Smith of Emanuel and others:
A bill to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 478. By Mr. Gross of Stephens:
A bill to fix the compensation of the reporter and assistant reporter of the Supreme Court and Court of Appeals; and for other purposes.
Referred to the Committee on General Judiciary.

HB 768. By Mr. Abney of Walker:
A bill to authorize the Governor to lease certain lands in Walker County to the Walker County Sportsman Club; and for other purposes.
Referred to the Committee on Conservation.

HB 770. By Messrs. Abney of Walker and Briscoe of Walton:
A bill to amend Section 30-102 of the Code of Georgia of 1933, which section relates to the grounds for the granting of a total divorce; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 884. By Messrs. Pope of Chatham, Hollis and Pickard of Muscogee:
A bill to authorize the Georgia Department of Public Health to pay from funds which might become available from the appropriation for the State Tuberculosis Sanatorium, or from other sources, to cities and counties the cost, or any part of the cost, of maintaining institutions; and for other purposes.
Referred to the Committee on Public Welfare.
HB 886. By Mr. Twitty of Mitchell:
A bill to further regulate the sales and delivery of malt beverages to provide for penalties for violation of this fact; and for other purposes.
Referred to the Committee on Temperance.
HB 934. By Messrs. Davis and Jenkins of Bartow and others:
A bill to amend the act known as the General Appropriations act so as to appropriate an additional $25,000 to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona Dam recreational areas; and for other purposes.
Referred to the Committee on Appropriations.

1216

JOURNAL OF THE SENATE,

HB 935. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A bill to amend an act entitled "an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
Referred to the Committee on Education.

HB 949. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to amend an act approved February 25, 1949, entitled General Appropriation Act, changing the appropriation of the Department of Revenue; and for other purposes.
Referred to the Committee on Appropriations.

HB 952. By Messrs. Bolton and Harper of Spalding:
A bill to repeal an act approved December 20, 1897, to incorporate the City of Sunny Side; and for other purposes.
Referred to the Committee on Municipal Government.

HB 981. By Messrs. McMillan of Washington, McWhorter of DeKalb and others:
A bill to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons; and for other purposes.
Referred to the Committee on Public Welfare.

HB 1033. By Messrs. Gross of Stephens and Twitty of Mitchell:
A bill to amend Chapter 92-31 of the Code of Georgia of 1933 relating to income taxes and the imposition, rate and computation of such income taxes; and for other purposes.
Referred to the Committee on Finance.

HB 1036. By Messrs. Covington of Floyd, Gross of Stephens and others:
A bill to amend Section 56-1413 of the Code of Georgia of insurance companies to make contracts of insurance of reinsurance; and for other purposes.
Referred to the Committee on Insurance.

HB 1056. By Mr. Covington of Floyd:
A bill to repeal Code Section 84-927 relating to the authority of the State Board of Medical Examiners of Georgia to issue temporary license to certain aliens; and for other purposes.
Referred to the Committee on Public Welfare.

HB 1080. By Messrs. Henderson of Atkinson, Ellis of Coffee and others:
A bill to amend the act known as the General Appropriations Act, approved February 25, 1949 by providing for an appropriation for the Georgia State Museum; and for other purposes.
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 7, 1950

1217

HB 1099. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to repeal the law requiring a late primary for county officers in counties having a population of 200,000 or more; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 1100. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to provide the extension of the city limits to include "Sherwood Forest" and "Armour Area"; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1102. By Messrs. Johnson and Barton of Hall:
A bill to authorize the board of commissioners of roads and revenues of Hall County to create and establish restricted zones or districts; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 168. By Messrs. Davis of Bartow, Jenkins of Bartow and others:
A resolution that the Department of Parks is hereby authorized and directed to negotiate with the federal government for the leasing of said Allatoona Dam recreational area and to operate said recreational area; and for other purposes.
Referred to the Committee on Appropriations.

The following resolutions of the Senate and House were read and adopted:
SR 96. By Senator Lunsford of the 9th: A resolution that action be taken to obtain necessary funds and letting of contract for building partition in rear of Senate Chamber to enclose rooms for office workers of Senate by request of the Committee on Halls and Rooms.
HR 217. By Messrs. Bell and Coleman of Richmond and Willingham of Cobb: A resolution to retain Oliver General Hospital; and for other purposes.

Mr. Overby of the 33rd 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

1218

JOURNAL OF THE SENATE,

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 813. Do Pass. HB 864. Do Pass. SB 240. Do Pass. HB 882. Do Pass. HB 862. Do Pass. HB 977. Do Pass. SB 183. Do Pass.
Respectfully submitted, Overby of 33rd District, Chairman

Mr. Turner of the 34th 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 recommendation:

HB 170. Do Pass.

Respectfully submitted, Turner of 34th District, Chairman

Mr. Swint of the 26th 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 House and has instructed me as chairman, to report the same back to the Senate with the following recommendations:

HB 867. Do Pass.

Respectfully submitted, Swint of 26th District, Chairman

TUESDAY, FEBRUARY 7, 1950

1219

Mr. Tarver of the 48th District, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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 896. Do Pass. HB 608. Do Pass.

Respectfully submitted, Tarver of 48th District, Chairman

Mr. Ansley of the lOth District, chairman of the Committee on Motor Vehicles, submitted 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 1026. Do Pass.

Respectfully submitted, Ansley of lOth District, Chairman

Mr. Zellner of the 22nd 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 686. Do Not Pass.

Respectfully submitted, Zellner of 22nd District, Chairman

Mr. Higginbotham of the 31st 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 232. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

1220

JOURNAL OF THE SENATE,

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations has had under consideration the follow-
ing bills and resolutions of the House, and has instructed me as chairman, to report the same back to the Senate with the following recommendations:
HB 878. Do Pass. HR 166. Do Pass. HR 123. Do Pass. HB 100. Do Pass. HB 923. Do Pass. HR 133. Do Pass.
Respectfully submitted, Purdom of 46th District, Chairman

Mr. Ayers of the 13th 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 914. Do Pass. Respectfully submitted,
Ayers of 13th District, Chairman

Mr. Gary of the 13th District, chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. President: Your Committee on Western and Atlantic Railroad has had under considera-
tion 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 728. Do Pass. Respectfully submitted,
Gary of 12th District,
Chairman

TUESDAY, FEBRUARY 7, 1950

1221

Mr. Stark of the 35th District, chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:
Your Committee on Game and Fish 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 188. Do Pass.

Respectfully submitted, Stark of 35th District, Chairman

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:
Mr. President: Your Committee on Conservation 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 962. Do Pass. Respectfully submitted, Wright of 5th District, Chairman

Mr. Smith of the 37th 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 has instructed me as chairman, to report the same back to the Senate with the following recommendations:

HB 926. Do Pass: HB 842. Do Pass. HB 824. Do Pass. HB 68. Do Pass. HB 841. Do Pass. HB 902. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

1222

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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 Governor:
SB 168. Respectfully submitted,
Housley of 32nd District,
Chairman

Senator Housley of the 32nd 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 136. SB 193. SB 207. SB 225. SB 236. SB 237. SB 156. SB 181. SR 78.
Respectfully submitted, Housley of 32nd District, Chairman
The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time :
SB 183. By Senator Lunsford of the 9th: A bill to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, disguised or covered as to conceal the identity of the wearer while upon the public ways of this state; and for other purposes.

TUESDAY, FEBRUARY 7, 1950

1223

SB 232. By Senator Newton of the 47th: A bill to amend an act approved August 20, 1906, incorporating the Town of Funston; fix terms of mayor and council; filing vacancies of same; fixing qualifications; and for other purposes.

SB 240. By Senator Overby of the 33rd:
A bill to amend the act creating the office of Supervisor of Purchj!ses, by providing that after contracting that after certification by the supervisor of purchases to different departments, they may requisition materials and equipment required by them from the supply so certified; and for other purposes.

HR 166. By Mr. Kennedy of Tattnall:
A resolution, the Senate concurring, that the State Board of Corrections be authorized and directed to pay the Clerk of Superior Court of Tattnall County, J. H. Kicklighter the amount of $794.75 total costs due in habeaus corpus proceedings; and for other purposes.

HB 878. By Messrs. Ray of Warren, Smith of Emanuel, and Campbell of Oconee: A bill to amend an act approved February 25, 1949 the same being known as the "General Appropriation Act" by increasing the appropriation for the cost of operating the Milk Control Board from $67,000 to $80,000; to repeal all conflicting laws; and for other purposes.
HB 882. By Messrs. Hand and Twitty of Mitchell and Smith of Emanuel: A bill to place the employees of the State Revenue Commissioner under the Merit System provided by Act of February 4, 1943; and for other purposes.
HR 123. By Mr. Twitty of Mitchell: A resolution to compensate A. C. Simmone, father of Lanora Simmone, a minor who was permanently injured by a truck owned and operated by the State of Georgia; and for other purposes.
HR 133. By Messrs. Miller, Trice and Vandiver of Bibb: A resolution to authorize the Governor of Georgia to pay to the City of Macon the sum of $3,435.95 as reimbursement to said city of the state's proportionate share of cost of paving, at request of the state; and for other purposes.
HR 188. By Mrs. Blitch of Clinch: A resolution to authorize the Governor to sell five (5) acres of land located in Clinch County; and for other purposes.

1224

JOURNAL OF THE SENATE,

HB 68. By Messrs. Gross of Stephens, Hollis, of Muscogee, Mathis of Lowndes and others.
A bill to amend Section 13-2048 of the Code of Georgia of 1933, said section relating to the payment of the deposit of a deceased intestate depositor to certain persons other than the representatives of his estate; and for other purposes.

HB 100. By Messrs. Howard and Hubert of DeKalb:
A bill to compensate Dr. Fred Curtis for the death of his wife, Mrs. Annie Mae Curtis, an employee of the state, who was killed in the state office building on October 26, 1945; and for other purposes.
HB 170. By Messrs. Grover of Troup and Harden of Turner:
A bill to create and establish a Board of Funeral Service and to fix and prescribe the powers, duties and authority thereof; and for other purposes.

HB 608. By Mr. Ray of Warren:
A bill governing and regulating distribution, sale, or transportation of insecticides, fungicides, rodenticides, and other economic poisons; and for other purposes.
HB 914. By Mr. Aycock of Jenkins:
A bill to amend an act creating the office of tax commissioner of Jenkins County; to provide and fix compensation and duties of said office; and for other purposes.
HB 896. By Messrs. Rogers of Heard, Ellis of Coffee and others :
A bill creating a centralized service in the Department of Agriculture for the purpose of recording brands, marks and identification of all domestic animals in order to determine legal ownership; and for other purposes.
HB 902. By Messrs. Willingham and Reed of Cobb:
A bill to amend subsection 24-2714 of the Annotated Code of Georgia so as to provide for the elimination of a filing docket in the office of the clerk of the superior courts of said state; and for other purposes.
HB 926. By Messrs. Howard of DeKalb, Davis of Bartow and others:
A bill to amend the Georgia Safety Fire Commissioner Act to make clear the provisions for subsistence allowance for the Georgia Safety Fire Commissioner; and for other purposes.
HB 923. By Messrs. Mangum of Columbia, Drinkard of Lincoln and others:
A bill to authorize and direct the state treasurer to pay to the Counties of Columbia and Lincoln, and such other counties as may hereafter become entitled, certain funds due same, arising from the Flood Control Act; and for other purposes.

TUESDAY, FEBRUARY 7, 1950

1225

HB 962. By Mr. Jones of Lumpkin:
A bill to extend the provisions of the Merit System Act approved February 4, 1943, to include the employees of the State Department of Mines, Mining and Geology; and for other purposes.

HB 977. By Messrs. Aycock of Jenkins and Walton of Fulton:
A bill amending the act of the General Assembly creating senatorial districts; and for other purposes.

HB 1026. By Mr. McCracken of Jefferson:
A bill to amend Chapter 68-6 of the Georgia Code of 1933, as amended, dealing with the regulation by the Georgia Public Service Commission of common carriers; and for other purposes.
HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the W & A railroad ; and for other purposes.
HB 813. By Messrs. Evitt of Catoosa, Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act approved March 28, 1935, codified as title 91, public property, part 1, state property, chapter 91-1, section 91-111, authority of commission to lease, etc.; and for other purposes.
HB 841. By Messrs. McCracken of Jefferson, Pannell of Murray and others:
A bill to provide for the payment of costs to clerks of the superior courts, in all the counties of this state in which said clerks are paid on a fee basis, for services rendered in felony cases from county funds whether the defendant is convicted or acquitted; and for other purposes.
HB 867. By Mr. Twitty of Mitchell:
A bill to amend subsection four of section one of the Employees Retirement System Act approved February 3, 1949; and for other purposes.
HB 824. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend an act approved March 9, 1945, entitled "an act to provide for the creation of the office of Judge of the Superior Court, Emeritus; so as to strike from said act the words "continuous" and "continuously" wherever the same may appear therein; and for other purposes.
HB 842. By Messrs. McCracken of Jefferson, Abney of Walker, Scoggins of Floyd and others:
A bill to repeal Code Section 24-2729 of the Code of Georgia of 1933, and to enact a new section in lieu thereof; and for other purposes.

1226

JOURNAL OF THE SENATE,

HB 862. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend Section 29-420 of the Code of Georgia of 1933, which section relates to the method of recording instruments affecting title to land; and for other purposes.

HB 864. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to authorize the ordinary in counties of this state to install and use photostatic or other photographic equipment; and for other purposes.

The following local bills were read the third time and put upon their passage: HB 892. By Messrs. Bolton and Harper of Spalding:
A bill to consolidate the office of tax receiver and tax collector of Spalding County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 937. By Mrs. Blitch of Clinch: A bill to amend the act creating the board of commissiOners of roads and revenues for Clinch County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering a House amendment to the Senate substitute:
HB 489. By Messrs. Walton, Smith and Alverson of Fulton: A bill to amend Section 21-105 of Code of 1933 so as to fix salaries of coroners in counties having a population of 300,000 or more; and for other purposes.
The House amendment was as follows: By Messrs. Alverson, Walton and Smith of Fulton:
Amend HB 489 as follows: Beginning with the words "A bill" strike all of said substitute and insert the following:
A BILL To be entitled an Act to amend the Code of Georgia of 1933, Section 21-105 pertaining to coroners' fees to provide for the payment of an annual salary in lieu of such fees in counties of this state having a

TUESDAY, FEBRUARY 7, 1950

1227

population of 300,000 or more according to the present or any future United States census; so as to increase the salary of the coroner in such counties and to provide that the salary of the coroner in such counties shall be not less than $5,000.00 per year and not more than $7,000.00 per year, payable in equal monthly installments; to authorize the payment of certain expenses incidental to the office of the coroner in such counties out of county funds; 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 from and after the passage of this act:

Section 1. Section 21-105 of the Code of Georgia of 1933, pertaining to coroners' fees is hereby amended by adding the following language thereto:

"Provided, however that in any county of this state having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary of not less than $5,000.00 per year and not more than $7,000.00 per year which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer.
"Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office,"
so that said Section 21-105 as amended shall read:

"Coroners' fees shall be as follows, to wit:

Summoning an inquest on a dead body and returning an

inquisition __

__________________________________________________ ----$10.00

Furnishing coffin and burial expenses___________________________________ 15.00

"When performing the duties of a sheriff, his fees are the same as a sheriff's.
"No coroner shall receive out of the county treasury more than $1,500.00 per annum, either as fees for holding inquests or for burying the dead bodies.

"Provided, however, that in any county of this state having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary of not less than $5,000.00 per year and not more than $7,000.00 per year which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer.

"Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office."
Section 2. All laws or parts of laws in conflict herewith are hereby repealed.

1228

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 31, nays 0, and the amendment was agreed to.

Senator Blalock of the 36th asked unanimous consent that the following bill be withdrawn from the Committee on Temperance, read the second time and recommitted:
HB 1013. By Messrs. Vickers and Galloway of Colquitt and Twitty of Mitchell:
A bill to provide for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.
The consent was granted.

The following general bills of the Senate and House were read the third time and put upon their passage:
HB 604. By Messrs. McMillan of Washington, Meeks of Union, Blitch of Clinch, Sills of Candler, Lewis of Hancock and Terrell of Floyd:
A bill to create a Jekyll Island State Park Authority; and for other purposes.
Senator Cochran of the 7th offered the following substitute:
A BILL
To be entitled "An act to create the Jekyll Island State Park Authority and empower said authority with rights, powers, authority, and privileges, necessary to hold, improve, maintain, beautify, repair, rebuild, lease, manage, regulate, administer, finance, Jekyll Island and certain property on or adjacent thereto, to define projects that the authority may undertake, issue revenue anticipation certificates of the authority payable from earnings and revenues, to pay the cost of projects, provide for the collection and for the pledging of revenues and other charges for the payment of such certificates and for the cost of maintenance, operation and repair of the projects, execute trust indentures to secure the payment of such certificates and defining the rights of the holders of such certificates, provide that no debt of the state shall be incurred in the exercise of any of the powers granted by this act, exempt such certificates from taxation, and make them legal investments, authorize the issuance of refunding certificates, fix the rate of interest thereon, fix the venue or jurisdiction of actions relating to any provisions of this act and the time within which such action must be brought, invest the state auditor with the power and duty to examine all books and records of the authority, provide for the separate enactment of each provision of this act, to provide for the sale of those portions of the Jekyll Island property, not necessary for public purposes, to vest title to the Jekyll Island property, both real and personal, in the authority; to repeal conflicting laws; and for other purposes."

TUESDAY, FEBRUARY 7, 1950

1229

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. This bill may be cited as the "Jekyll Island State Park Authority Act."
SECTION 2. There is hereby created a body corporate and politic to be known as the Jekyll Island State Park Authority, which shall be deemed to be an instrumentality and agency of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. It shall have perpetual existence.
SECTION 3. The authority shall consist of five members to be appointed by the Governor from the state at large. The term of one member shall expire July 1, 1954, the term of another member shall expire July 1, 1956, the term of another shall expire July 1, 1958, the term of another shall expire July 1, 1960, and the term of the remaining member shall expire on July 1, 1962. Their successors shall be appointed for terms of ten years, from the dates of expiration of their respective terms, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the authority shall be eligible to succeed himself or any other member. Future vacancies and replacements upon the authority shall be appointed by the Governor. The authority shall elect one of its members as chairman and one vice-chairman and shall elect a secretary and treasurer who need not necessarily be a member of the authority. A majority of the authority shall constitute a quorum. The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
SECTION 4. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income and expenditures of every kind, which shall be subject to examination by the state auditor.
SECTION 5. As used in this act, the following words and terms shall have the following meanings:
(a) The word "authority" shall mean the Jekyll Island State Park Authority created by this act.
(b) The word "project" shall be deemed to include any hotel, cottage, apartment house, public building, school, utility, dock, facility, water course, airport, golf course, tennis court, and other resort recreational facilities of every kind and character deemed by the authority necessary or convenient for the efficient development and operation, either or both of Jekyll Island and the adjacent marshes and marsh islands, hereinafter more fully described.
(c) The word "park" shall mean Jekyll Island State Park.
SECTION 6. The authority shall have power:
(a) to have a seal and alter the same at pleasure;
(b) to acquire, hold and dispose of real and personal property, either or both, for its corporate purposes;

1230

JOURNAL OF THE SENATE,
(c) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation;
(d) to make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; the several counties and municipalities of the state and any and all departments or agencies of the state are hereby authorized to enter into leases or agreements with the authority upon such terms and for such purposes as they deem advisable;
(e) to improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, to be located on property owned by the authority, or on property owned by the State of Georgia and placed under the control of the authority by this act or otherwise, the cost of any such project to be paid from its income, the proceeds of revenue anticipation certificates of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia;
(f) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(g) to borrow money for any of its corporate purposes and to
issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(h) to exercise any power usually possessed by private corporation performing similar functions, which is not in conflict with the Constitution and laws of this state;
(i) to do all things necessary or convenient to carry out the powers expressly given in this act;
(j) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner coming within the purposes or powers of the authority;
(k) to do any and all other acts and things in this act authorized or required to be done, whether or not included in the general powers in this section mentioned.
(1) to receive gifts, donations or contributions from any person, firm or corporation;
(m) to hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this authority;
(n) to enter into a project to construct a toll bridge across Jekyll Creek for access to said Jekyll Island, and to charge such

TUESDAY, FEBRUARY 7, 1950

1231

tolls for the use thereof as in the opinion of the authority are necessary or proper.
SECTION 7. The authority is authorized and directed to certify to the Governor from time to time any portions of the property described in Section 10 of this act that in the opinion of the authority is not necessary for use in the development and maintenance of the said park or for public purposes, and thereupon the Governor is authorized and directed to sell the same at public outcry to the highest bidder, upon such terms as he may deem for the interests of the state, and may make the necessary conveyances for the same, and may include such covenants restricting the uses to which the said land or portion or portions may be put: Provided, that such sale shall be advertised in one or more newspapers having a general circulation in said state once a week for four weeks next preceding the date of the sale. The proceeds of any such sales shall be paid into the state treasury.
SECTION 8. The Budget Bureau is hereby authorized to make such allotments from time to time from the proceeds of such sale or from the state emergency fund to the credit of the authority in the state treasury as may be deemed necessary or proper for the purpose of furthering the development of said park and the purposes of the authority and the Budget Bureau is authorized to issue its warrants on the funds in favor of the said authority.
SECTION 9. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, rights and privileges of value of every nature accruing to the authority shall be used for the sole purpose of beautifying, improving, developing, enlarging, maintaining, administering, managing, and promoting Jekyll Island State Park at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia.
SECTION 10. Title to the following described property is hereby vested in the authority as trustees for the purposes and uses herein set forth, to wit: All of Jekyll Island and the marshes and marsh islands adjacent and adjoining, all as described in a certain decree of condemnation rendered in Glynn Superior Court in a certain cause entitled "State of Georgia vs. Certain Real Property, Jekyll Island Club, Inc. Et AI. on the 4th day of October, 1947 and no other department or branch of the State shall have any authority or rights thereon or therein except for the enforcement of the penal laws of this state, together with all personal property of the State located thereon. The authority shall take such property subect to all outstanding leases and contracts. The real property aforesaid shall be subject to alienation only in the manner hereinbefore set forth.
SECTION 11. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in such sum as the authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of m-ojects may determine. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding four (4%) per centum per annum, payable semi-annually,

1232

JOURNAL OF THE SENATE,
shall mature at such time or times, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
SECTION 12. Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 13. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the-execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized and shall not have held such office.
SECTION 14. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation withln the state.
SECTION 15. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than four (4%) per centum per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
SECTION 16. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner

TUESDAY, FEBRUARY 7, 1950

1233

be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.
SECTION 17.. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
SECTION 18. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 19. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects, including a combination of projects. Any resolution, providing for the issuance of revenue bonds under the provisions of this act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 20. Credit of state not pledged. Revenue bonds issued under the provisions of this act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section; provided, however, such funds as may be received from state appropriations or from any other source are hereby declared to be available and may be used by the authority for the performance of any obligation entered into by said authority.
SECTION 21. Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the con-

1234

JOURNAL OF THE SENATE,
struction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such othe1 provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
SECTION 22. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subect to such regulations as this Chapter and such resolution or trust indenture may provide.
SECTION 23. Sinking fund. The revenues, rents, and earnings derived from any particular project or combined project or any and all funds from any source received by the Authority or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4). any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of on over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption

TUESDAY, FEBRUARY 7, 1950

1235

of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
SECTION 24. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State.
SECTION 25. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable.
SECTION 26. Same; bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carryng on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.
SECTION 27. Same; exemption from taxation; covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision

1286

JOURNAL OF THE SENATE,
or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer and the income therefrom shall at all times be exempt from taxation within the State.
SECTION 28. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 29. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same, and any authority, subdivision, instrumentality or agency contracting with the Authority.
SECTION 30. Same; interests of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of any State agency or department shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 31. Acceptance of funds and contributions from any source. The Authority in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the constructiim of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
SECTION 32. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 33. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers confferred by other laws, and shall not be regarded as in derogation of any powers now existing.

TUESDAY, FEBRUARY 7, 1950

1237

SECTION 34. Liberal construction of Act. This Act being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof.
SECTION 35. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 36. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed.

Senator Overby of the 33rd offered the following substitute:
A BILL
To create the Jekyll Island State Park Authority and empower said Authority with all rights, powers, authority and privileges, whatsoever necessary to hold as lessee, improve, maintain, beautify, repair, rebuild, increase, extend, subdivide, sub-lease in any part, manage, regulate, administer, finance, issue revenue anticipation certificates of the Authority, payable from earnings and revenues, to pay the cost of projects, provide for the collection and for the pledging of revenues and other charges for the payment of such certificates and defining the rights of the holders of such certificates, provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act, exempt such certificates from taxation, authorize the issuance of refunding certificates, fix the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought, invest the State Auditor with the power and duty to examine all books and records of the Authority at the close of its fiscal year each year, provide for the separate enactment of each provision of this Act, repeal all laws and parts of laws in conflict with the provisions of this Act, render ultimately self-supporting that portion of Jekyll Island now owned by the State of Georgia and now known as Jekyll Island State Park; to grant hereby for and on the part of the State of Georgia a lease for a term of fifty (50) years of that portion of Jekyll Island now owned by the State of Georgia to the Jekyll Island State Park Authority created by this Act, upon consideration of a rental of one dollar per year, and certain other valuable considerations which will result in the operation of Jekyll Island as a State Park without expense to the State beginning one and one half years from the passage of this Act, said Authority as lessee to take the property subject to all contracts, leases, and obligations heretofore entered into by the State of Georgia and/or the Parks Department thereof; to assume hereby for and on the part of the State of Georgia to continue to pay all costs of, and receive all income from the existing facilities of said Island, for one and one-half years after the passage of this Act; to charge the Authority hereby created for and on the part of the State of Georgia with the faithful and honest performance of its consideration to the State for the leasehold herein granted and all other duties and obligations arising under this Act; and other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. This bill may be cited as the "Jekyll Island State Park Authority Act."

1238

JOURNAL OF THE SENATE,
Section 2. There is hereby created a body corporate and politic to be known as the Jekyll Island State Park Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall exist for fifty-two (52) years.
Section 3. The Authority shall consist of five members to be appointed by the Goveror from the State at Large. The original appointments shall be made in such manner that the term of one member shall expire July, 1954, the term of another member shall expire July 1, 1956, the term of another member shall expire July 1, 1958, the term of another shall expire July 1, 1960, and the term of the remaining member shall expire on July 1, 1962. Their successors shall serve for terms of ten years from the dates of expiration of their respective terms, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the Authority shall be eligible to succeed himself or any other member. Future vacancies and replacements of every character whatsoever, shall be filled by appointment of the Governor of the State of Georgia from a list of ten or more of reputable, interested, outstanding citizens, drawn up by this Authority and communicated to the Governor within 15 days of the occurrence of any vacancy. This list of eligible, interested citizens submitted by the Authority shall be certified by the Chairman of the Authority and the Secretary of State. Immediately upon the event of this Act becoming law the appointed members shall enter upon their duties, and their successors shall so begin their duties upon their respective appointments. The Authority shall elect one of its members as chairman and one vice-chairman and shall elect a secretary and treasurer who may not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
Section 4. The members of the Authority shall be accountable in all respects as trustees. The Authority shall keep suitable and proper books and records of all receipts, income and expenditures of every kind and shall submit for inspection all of the said books together with a proper statement of the Authority's financial position once a year on or about December 31st to the State Auditor.
Section 5. As used in this Act, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the Jekyll Island State Park Authority created by this Act.
(b) The word "Project" shall be deemed to include any subdivision, hotel, cottage, apartment house, public buildings, school, utility, dock, facility, water course, airport, bridge, golf course, tennis court, or other resort recreatipnal facility.
(c) The word "Park" shall mean Jekyll Island State Park.

TUESDAY, FEBRUARY 7, 1950

1239

Section 6. The Authority shall have power:
(a) to have a seal and alter the same at pleasure;
(b) to acquire, hold and dispose of personal property for its corporate purposes;
(c) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys and fix their compensation;
(d) to make contracts, and to execute all instruments necessary or conveD.ient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it caused to be subdivided, erected or acquired;
(e) to plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to extend, improve, equip, operate and manage projects as hereinabove defined, to be located on property owned or leased by the Authority, the cost of any such project to be paid from its income, the proceeds of revenue anticipation certificates of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia;
(f) to accept loans or grants, either or both, or money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(g) to borrow money for any of its corporate purposes and to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(h) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State;
(i) to do all things necessary or convenient to carry out the powers expressly given in this Act;
(j) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner coming within the purposes or powers of the Authority;
(k) to adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business;
(1) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this section mentioned.
(m) to receive gifts, donations or contributions from any person, firm or corporation;

1240

JOURNAL OF THE SENATE,
(n) to hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this Authority; and
(o) to do any other things necessary or proper to beautify, improve, and render self-supporting said Island Park, to make its facilities available to people of average incomes, and to advertise its beauties to the world.
Section 7. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, rights and privileges of value of every nature accruing to the Authority shall be used for the sole purpose of beautifying, improving, developing, enlarging, maintaining, administering, managing, and promoting Jekyll Island State Park at the lowest rates reasonable and possible for the benefit of the ordinary people of the State of Georgia.
Section 8. To the Authority is granted hereby for and on the part of the State of Georgia a lease for a term of fifty (50) years, beginning upon the date this Act becomes law, to all of that Island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of eleven thousand acres, more or less, lying East of the mainland coast of Georgia, County of Glynn, bounded upon its Easterly shore by the Atlantic Ocean; bounded upon its Northerly shore by Brunswick River; bounded upon its Westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded upon its Southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding, the State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947, in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official Deed Books of Glynn County as of the date of passage of this Act, all and each one of said conveyances being, by reference, expressly incorporated into this section of this Act and made, in their entireties, a part hereof; all rights, rights of way, water rights, immunities, easements, profits, appurtenances, and privileges thereof or relating thereto of every kind; all improvements, permanent or temporary, located thereon or dedicated to the use or service thereof; and in addition all personal property or property of any kind, of the State of Georgia, located thereon or dedicated to the use or service thereof; this lease to be for and in consideration of: (a) one dollar annually for each calendar year or fraction thereof paid in hand to and receipted for by the State Treasurer, (b) immediate preparation for subdivision and improvement, of not more than one-third of Jekyll Island into lots to be sub-leased by the Authority, (c) assumption by the Authority beginning one and one-half (Ph) years after the passage of this Act, of the deficits to be incurred in the operation of the public facilities of the Park at rates so moderate that all of the ordinary citizens of the State may enjoy them, (d) assumption of the Authority at that time of all other costs and operational deficits incurred by the said Park, (e) a covenant by the Authortiy to beautify, improve, and enlarge and promote the Park and its public facilities to the utmost of its ability and capacity, (f) a covenant by the Authority to maintain, repair and provide reserve funds to replace the facilities of the Park as is fitting, convenient, or necessary to the utmost of its abil-

TUESDAY, FEBRUARY 7, 1950

1241

ity and capacity, and (g) the reasonable compliance of the Authority with the provisions of this Act, provided further: the State of Georgia shall continue to receive all revenue from and pay all cost of the existing facilities, but shall have no right in or to, or responsibility for any new facilities, or said Park for one and one half years after the passage of this Act. Provided further; this lease from the State of Georgia is granted expressly subject to all existing contracts, leases and agreements on or relating to said property which by law must now expire at the end of the present gubernatorial term of office, but without prejudice to the right of the parties thereto to release the same to said Authority and the right of said Authority to procure release of the same.
Section 9. It is hereby found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the Authority for its leasehold, and privileges thereunder, is good and valuable and sufficient consideration therefor and that this action on the part of the Authority and the State is in the interest of the public welfare of the State of Georgia and its citizens.
Section 10. The Authority is empowered to survey, subdivide, improve and lease as subdivided and improved not more than one-third of Jekyll Island, the leased property described aforesaid.
Section 11. The leasing of the lots subdivided shall be for not more than 50 years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the Authority may deem wise; all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sub-lease by any tenant of the Authority shall be legal, without the approval of the Authority; no person, partnership, or corporation, except the Authority, may, during the life of the Authority, hold more than three (3) lots of the subdivision made upon Jekyll Island by the Authority.
Section 12. The lots subdivided by the Authority are to be leased in groups deemed appropriate, only after notice published once a week for four (4) weeks in the official organs of Glynn and Fulton Counties, at public auction or by sealed competitive bids, provided: that the Authority shall have the privilege of setting minimum prices below which no bid for lease shall be accepted, and provided further: that when in the opinion of the Authority the public welfare demands it, after first giving notice to the Attorney General of the particulars, the Authority may conclude any authorized lease by private negotiation.
Section 13. The Authority is directed, so soon as it shall be possible, to set aside to each and every County of the State of Georgia one lot of not less than one-half acre in area upon said Island, said lots to remain available for the use of said Counties, individually, for 50 years, provided: each County, individually, must provide suitable facilities for the use of its citizens upon its lot within five (5) years from the date on which it is set aside or forfeit this right, provided further: after lots dedicated to this purpose shall have been surveyed and set aside by said Authority, the assignment of individual lots to individual Counties shall be accomplished by chance with the Governor of the State or someone designated by him drawing the necessary chances at a public ceremony.
Section 14. The Authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and

1242

JOURNAL OF THE SENATE,
order and to enforce any and all zoning, user, and personal conduct restrictions upon the property and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the Nation, and the State; however, the Authority may delegate all or any part of performance of this function for a time or permanently to the State and/or the County in which the Park is located.
Section 15. The Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, subdivision, development, improvement, maintenance, and other charges incident thereto in connection with any facilities or projects as defined in this Act, and shall likewise have power to issue refunding certificates. The Authority may issue such types of certificates as may be determined by the Authority, including certificates on which principal and interest are payable: (a) exclusively from income or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects, (c) from revenues of the Authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues from any unit, subdivision and by mortgage of any project or any part thereof consisting of real or personal property of the Authority, except as prohibited by law.
Section 16. Neither the members of the Authority nor any person executing certificates on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of the Authority shall not be, and shall so state on the face thereof, a debt of the State of Georgia. Certificates of the Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom shall be exempt from all taxes.
Section 17. Certificates of the Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six per centum per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any certificate or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes.
Section 18. Certificates of the Authority shall be confirmed and validated in accordance with the procedure of Chapter 87-8, Code of Georgia, except as is lawfully prescribed, provided, or required otherwise by this Act and any or all of its provisions, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same; venue of such actions shall be Fulton County.
Section 19. Obligations of the Authority evidenced by certificates and

TUESDAY, FEBRUARY 7, 1950

1243

trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with the law as shall be determined by the Authority and the Authority may in such instruments provide for the pledging of all or any part of its gross or net rents, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges or rents and to further provide for the disposition or proceeds realized from the sale of any certificates and for the replacement of lost, destroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates.
Section 20. Undertakings of the Authority may likewise prescribe the procedure by which the certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by the Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations, or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with the laws of the State of Georgia and all other laws relating thereto.
Section 21. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions.
Section 22. While any of the revenue anticipation certificates issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely any of the interests and rights of the holders of such certificates, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and the holders of any such certificates, and upon the issuance of certificates under the provisions hereof, shall constitute a contract with the holders of such certificates.
Section 23. This Act being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof, and shall repeal all conflicting or contrary laws or acts whatsoever.
Section 24. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Senator Davis of the 27th moved that HB 604 be postponed until tomorrow morning.
On the motion to postpone, the ayes were 24, nays 5, and the motion prevailed.

1244

JOURNAL OF THE SENATE,

HB 458. By Messrs. Gowen of Glynn, Reed of Cobb, Alverson of Fulton, Twitty of Mitchell, and Ray of Warren:
A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; to authorize the justices of the Supreme Court of Georgia to enact rules and regulations in effectuating the purposes hereof; and for other purposes.

Senator Clary of the 29th offered the following amendments:
Amend HB 458 so that the provisions of this Act will not apply to anyone holding a degree from an accredited college provided he may pass the bar examination.

Senators Smith of the 37th and Land of the 24th offered the following amendments:
Amend HB 458 by striking from the caption of said bill the following: "to authorize the justices of the Supreme Court of Georgia to enact rules and regulations in effectuating the purpose hereof" Amend HB 458 by striking from section 1 of said act the following: "All of which education shall be subject to such rules and regulations as the justices of the Supreme Court shall prescribe." Amend HB 458 by adding to the paragraph just preceding the repealing clause the following: "The applicant for admission to the bar shall accompany a certificate by a licensed school teacher or the county school superintendent in the county in which he resides certifying as to his educational qualifications."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 229. By Senators Daniel of the 49th and Mason of the 28th:
A bill to amend an act of March 27, 1941, relating to adoption laws, so as to provide that when a child has been placed in a church orphanage the authorities thereof shall make the investigation in lieu of the State Department of Public Welfare; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Daniel of the 49th asked unanimous consent that SB 229 be immediately transmitted to the House, and the consent was granted.

TUESDAY, FEBRUARY 7, 1950

1245

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners" to provide for the qualifications of the members of said board; and for other purposes.

Senator Lunsford of the 9th offered the following amendment: Amend HB 600 by striking the word "physician" wherever they appear and substitute in lieu thereof the words "manipulators or practitioners."
The amendment was adopted. Senator Harrison of the 17th moved that HB 600 be indefinitely postponed. On the motion to postpone, the ayes were 14, nays 24, and the motion was lost.

Senator Rich of the 8th moved that HB 600 be postponed until tomorrow.
On the motion to postpone, the ayes were 22, nays 20, and the motion prevailed.
Senator Pilcher of the 19th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

1246

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, February 8, 1950

The Senate met pursuant to adjournment 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:

Ayers Blalock Boyett Bryant Clary Cochran Coleman Daniel Davis Dykes Foster Garrett Gary Grayson

Harris Harrison Higginbotham Jones Land, 51st Layton LeCraw Lunsford Mason Massey McCoy Newton Overby Pilcher

Purdom Rackley Rich Roddenberry Rowland Saunders Sims Staten Swint Tarver Turner Wright Zellner

The following Senators did not answer to their names: Ansley, Brooks, Eve, Florence, Gholston, Housley, Land of the 24th, Peterson, Pittman, Smith, Stark, Ursrey, and Williams.

Senator Tarver of the 48th 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 Pilcher of the 19th 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 bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. 7. The right granted to the President to call up any bill on the calendar. The consent was granted.

WEDNESDAY, FEBRUARY 8, 1950

1247

Senator Gary of the 12th asked unanimous consent that the following bill be withdrawn from the Committee on Temperance, read the second time and recommitted:

HB 1058. By Mr. Best of Clay:
A bill to repeal an act entitled "An act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton"; and for other purposes.
The consent was granted.

The following bill of the House was taken up for the purpose of considering a report of the Committee on Conference :
HB 176. By Messrs. Alverson and Walton of Fulton: A bill to amend an act creating the Civil Court of Fulton County; to increase the salaries of the judges; and for other purposes.

The conference committee report was as follows:
Mr. President,
and
Mr. Speaker:
Your Committee of Conference has had under consideration the disagreement of the House to the Senate amendment to HB 176, and begs leave to make the following recommendations:
1. That the Senate recede from its position in insisting on the amendment of the Senator from the 52nd and that said amendment be withdrawn from said bill.
2. That HB 176 be amended as follows:
That subsection (a) of section 1 of HB 176 be stricken in its entirety and a new subsection (a) of section 1 of said bill be substituted in lieu thereof, to read as follows:
"(a) By striking from said act as amended, the whole of Section 16 and substituting in lieu thereof a new section to be numbered 16 and to read as follows:
"Section 16. The annual salary of the Chief Judge of said Court shall be not less than Nine thousand ($9,000.00) dollars and not to exceed Eleven thousand ($11,000.00) dollars and the annual salary of the Associate Judges of said Court shall be not less than Eight thousand five hundred ($8,500.00) dollars and not to exceed Ten thousand five hundred ($10,500.00) dollars as shall be fixed from time to time by the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. Said salary shall be paid in equal monthly installments upon warrants approved by the Chairman of said Board of Commissioners and drawn upon the County Treasurer of Fulton County; provided, that no Judge or other official of said Court shall receive to his own use, any fees or perquisites of office."
Respectfully submitted, LeCraw of the 52nd, Turner of the 34th, Purdom of the 46th, On the part of the Senate
Alverson of Fulton, Smith of Fulton, Walton of Fulton,
On the part of the House

1248

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd moved that the Senate adopt the report of the Committee on Conference.
On the motion to adopt, the ayes were 30, nays 0, and the report was adopted.

The following resolution was read and adopted:
SR 96. By Senators Lunsford of the 9th, Stark of the 35th, Harrison of the 17th, Davis of the 27th, Garrett of the 53rd, Jones of the 38th, Rowland of the 21st, and Sims of the 2nd:
A resolution that action be taken to obtain necessary funds and letting of contract for building a partition in the rear of the Senate Chamber by request of Committee on Halls and Rooms; 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 resolution of the House, to wit:
HR 221. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gross of Stephens and Ray of Warren: A resolution by the House of Representatives, the Senate concurring, that the General Assembly convene in joint session in the halls of the House on Saturday, February 11th, at 11:15 a. m., for the purpose of hearing a message from His Excellency, the Governor.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 191. By Messrs. Howard of DeKalb, Meeks of Union, and others: A bill to amend the act approved February 18, 1943 which act is entitled: "An act to reorganize the State Department of Law"; and for other purposes.
HB 695. By Messrs. Alexander and Duncan of Carroll: A bill to amend section 114-101 of the Code of Georgia of 1933, relating to the definition of "employer" for purposes of the Workmen's Compensation Act; and for other purposes.
HB 731. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others: A bill to eliminate various nuisances, business, occupational and professional taxes; and for other purposes.
HB 801. By Mr. Willingham of Cobb: A bill to amend section 59-105 of the Georgia Code of 1933 relating to the compensation to be paid jury commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1249

HB 846. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "OldAge Assistance Act"; and for other purposes.

HB 907. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to create the position of associate commissioner; to provide for
the eligibility of persons for appointment to such positions; and for other purposes.

HB 931. By Messrs. Murr of Sumter, Matthews of Clarke, and others:
A bill to amend an act entitled an act to define reckless driving, and to prohibit the same; and for other purposes.

HB 932. By Messrs. Jones of Lumpkin, Gross of Stephens, and others:
A bill to amend Code section 42-808 of the Code of Georgia of 1933, as relating to prescribing, administering and dispensing of narcotics by a physician, dentist, etc.; and for other purposes.

HB 961. By Messrs. Gillis of Treutlen, Hall of Toombs, and others:
A bill to provide for the granting by the director of the State Parks Department to the Board of Regents certain property in the Hard Labor Creek State Park located in Morgan and Walton counties; and for other purposes.

HB 1041. By Messrs. Willis and Chastain of Thomas:
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers ; and for other purposes.

HB 1076. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "Aid to the Blind Act," to provide for the disposition of assistance check for the month in which the recipient dies; and for other purposes.

HB 1105. By Messrs. Cohen of Richmond, Smith of Emanuel, and others:
A bill to amend section 30-107 of the 1933 Code of Georgia relating to the period of petitioner's residence in state in action for divorce so as to reduce the residence period from twelve months to six months; and for other purposes.

HB 1108. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved January 31, 1946, :fixing the salaries of ordinaries of all counties with certain population; and for other purposes.

1250

JOURNAL OF THE SENATE,

HB 1109. By Messrs. Cohen of Richmond, Matthews of Clarke, and others:
A bill to amend Code section 30-112 of the Code of Georgia of 1933, to provide that the title to real property shall not be affected by the filing of a suit for divorce unless filed with the clerk where such real property is situated; and for other purposes.

HB 1111. By Messrs. Bledsoe and Britton of Whitfield:
A bill to change the time of holding the January and July terms of Whitfield Superior Court; and for other purposes.

HB 1113. By Mr. Sheffield of Brooks: A bill to abolish the City Court of Quitman; and for other purposes.

HR 210. By Messrs. Reed and Willingham of Cobb:
A resolution that the Department of Parks is hereby authorized and directed to negotiate with the Federal government for the leasing of Allatoona Dam recreational area; and for other purposes.

HR 128. By Mr. Pannell of Murray:
A resolution to provide for printing of official and statistical register of the state for the years 1944 to date; and for other purposes.

HR 163. By Messrs. Salter and Freeman of Upson:
A resolution to compensate Mrs. Martha H. Ellington for damages to her automobile resulting from an accident when hit by a car owned by the Department of Public Safety, and driven by a member of the Georgia State Patrol; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 175. By Messrs. Hood, McGee and Page of Chatham:
A resolution in regard to speed traps between the Savannah river and the St. Mary's river on the coastal highway known as U. S. 17; and for other purposes.

The following bills and resolutions of the Senate and House were read the first time and referred to the committees:
SR 97. By Senators Sta1k of the 35th and Land of the 24th:
A resolution to amend a resolution approved January 31, 1949, entitled "Athletic Associations, University of Georgia" and "Georgia School of Technology," which resolutions declared the said athletic associations to be a cooperation; and for other purposes. Referred to the Committee on University System of Georgia.

WEDNESDAY, FEBRUARY 8, 1950

1251

SR 98. By Senator Land of the 24th:
A resolution to amend a resolution approved January 31, 1949, entitled "Athletic Associations, University of Georgia" and "Georgia School of Technology" which resolutions declared the said athletic associations to be a cooperation; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1105. By Messrs. Cohen of Richmond, Smith of Emanuel, and others:
A bill to amend section 30-107 of the 1933 Code of Georgia relating to the period of petitioner's residence in state in action for divorce so as to reduce the residence period from twelve months to six months; and for other purposes.
Referred to the Committee on General Judiciary.

HB 1108. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved January 31, 1946, fixing the salaries of ordinaries of all counties with certain population; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1109. By Messrs. Cohen of Richmond, Matthews of Clarke, and others: A bill to amend Code section 30-112 of the Code of Georgia of 1933, to provide that the title to real property shall not be affected by the filing of a suit for divorce unless filed with the clerk where such real property is situated; and for other purposes.
Referred to Committee on Special Judiciary.
HB 1111. By Messrs. Bledsoe and Britton of Whitfield: A bill to change the time of holding the January and July terms of Whitfield Superior Court; and for other purposes.
Referred to Committee on Special Judiciary.
HB 1113. By Mr. Sheffield of Brooks: A bill to abolish the City Court of Quitman; and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 210. By Messrs. Reed and Willingham of Cobb: A resolution that the Department of Parks is hereby authorized and directed to negotiate with the Federal government for the leasing of Allatoona Dam recreational area; and for other purposes.
Referred to the Committee on Appropriations.

1252

JOURNAL OF THE SENATE,

HR 128. By Mr. Pannell of Murray:
A resolution to provide for printing of official and statistical register of the state for the year 1944 to date; and for other purposes.
Referred to the Committee on State of the Republic.

HR 163. By Messrs. Salter and Freeman of Upson:
A resolution to compensate Mrs. Martha H. Ellington for damages to her automobile resulting from an accident when hit by a car owned by the Department of Public Safety, and driven by a member of the Georgia State Patrol; and for other purposes.
Referred to the Committee on Appropriations.

HB 191. By Messrs. Howard of DeKalb, Meeks of Union, and others:
A bill to amend the act approved February 18, 1943, which act is entitled: "An Act to Reorganize the State Department of Law"; and for other purposes.
Referred to the Committee on General Judiciary.

HB 695. By Messrs. Alexander a~d Duncan of Carroll:
A bill to amend section 114-101 of the Code of Georgia of 1933, relating to the definition of "employer" for purpose of the Workmen's Compensation Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 731. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to eliminate various nuisances, business, occupational and professional taxes ; and for other purposes.
Referred to Committee on Finance.

HB 801. By Mr. Willingham of Cobb:
A bill to amend section 59-105 of the Georgia Code of 1933 relating to the compensation to be paid jury commissioners; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 846. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "OldAge Assistance Act"; and for other purposes.
Referred to Committee on Public Welfare.

HB 907. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to create the position of associate commissioner; to provide for the eligibility of persons for appointment to such positions; and for other purposes.
Referred to the Committee on State of the Republic.

WEDNESDAY, FEBRUARY 8, 1950

1253

HB 931. By Messrs. Murr of Sumter, Matthews of Clarke, and others:
A bill to amend an act entitled an act to define reckless driving, and to prohibit the same; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 932. By Messrs. Jones of Lumpkin, Gross of Stephens, and others:
A bill to amend Code section 42-808 of the Code of Georgia of 1933, as relating to prescribing, administering and dispensing of narcotics by a physician, dentist, etc.; and for other purposes.
Referred to the Committee on Public Health.

HB 961. By Messrs. Gillis of Treutlen, Hall of Toombs, and others:
A bill to provide for the granting by the director of the State Parks Department to the Board of Regents certain property in the Hard Labor Creek State Park located in Morgan and Walton counties; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1041. By Messrs. Willis and Chastain of Thomas:
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers; and for other purposes.
Referred to the Committee on Insurance.

HB 1076. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "Aid to the Blind Act," to provide for the disposition -of assistance check for the month in which the recipient dies; and for other purposes.
Referred to Committee on Public Welfare.

HR 175. My Messrs. Hood, McGee and Page of Chatham:
A resolution in regard to speed traps between the Savannah river and the St. Mary's river on the coastal highway known as U. S. 17; and for other purposes.
Referred to the Committee on State of the Republic.

Senator Land of the 24th asked unanimous consent that a copy of HB 1048 be established as the true and correct copy of the engrossed bill said to be lost.
The consent was granted.

1254

JOURNAL OF THE SENATE,

Mr. Brooks of the 50th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 77. Do Pass. HR 187. Do Pass. HR 178. Do Pass. HR 179. Do Pass. HB 969. Do Pass. HB 1028. Do Pass. HB 1029. Do Pass. HR 137. Do Pass. HR 180. Do Pass. HR 182. Do Pass. HR 181. Do Pass. SR 70. Do Pass. HR 124. Do Pass. HR 129. Do Pass. HR 131. Do Pass. HR 148. Do Pass. HR 149. Do Pass. HR 171. Do Pass. HR 183. Do Pass. HR 132. Do Pass.

Respectfully submitted, Brooks of 50th District Chairman

WEDNESDAY, FEBRUARY 8, 1950

1255

Mr. Higginbotham of the 31st 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 948. Do Pass.

HB 986. Do Pass.

HB 1014. Do Pass.

HB 1021. Do Pass.

HB 1060. Do Pass.

HB 927. Do Pass.

HB 1082. Do Pass.

HB 940. Do Pass.

HB 1090. Do Pass.

HB 1023. Do Pass.

HB 941. Do Pass.

HB 936. Do Pass.

HB 938. Do Pass.

HB 1062. Do Pass.

HB 966. Do Pass.

HB 1001. Do Pass.

Respectfully submitted,

Higginbotham of 31st District, Chairman

Mr. Higginbotham of the 31st 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 971. Do Pass.

HB 991. Do Pass.

HB 954. Do Pass.

HB 944. Do Pass.

HB 983. Do Pass.

HB 945. Do Pass.

HB 999. Do Pass.

HB 1017. Do Pass.

HB 980. Do Pass.

HB 978. Do Pass.

HB 1000. Do Pass.

HB 952. Do Pass.

HB 1061. Do Pass.

Respectfully submitted,

Higginbotham of 31st District, Chairman

1256

JOURNAL OF THE SENATE,

Mr. Ansley of the lOth District, chairman of the Committee on Motor Vehicles, submitted 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 506. Do Pass.

Respectfully submitted, Ansley of lOth District, Chairman

Mr. Smith of the 37th 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 245. Do Pass. HB 478. Do Pass.

Respectfully submitted,
Smith of 37th District, Chairman

Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

Your Committee on Appropriations 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:

HB 949. Do Pass.

HB 1080. Do Pass.

HB 229. Do Pass.

HR 23. Do Pass.

HR 91. Do Pass.

HR 125. Do Pass.

HR 174. Do Pass.

HR 176. Do Pass.

HB 934. Do Pass.

HB 168. Do Pass.

HB 873. Do Pass.

HR 142. Do Pass.

Respectfully submitted,
Purdom of 46th District, Chairman

WEDNESDAY, FEBRUARY 8, 1950

1257

Mr. Ayers of the 13th 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 988. Do Pass. HB 970. Do Pass. HB 1004. Do Pass as amended. HB 979. Do Pass. HB 368. Do Pass. HB 996. Do Pass. HB 1102. Do Pass. HB 990. Do Pass. HB 1099. Do Pass. HB 1002. Do Pass. HB 1031. Do Pass. HB 809. Do Pass as amended.
Respectfully submitted, Ayers of 13th District, Chairman

Mr. Ayers of the 13th 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 1006. Do Pass.

HB 1092. Do Pass.

HB 887. Do Pass.

HB 1052. Do Pass.

HB 895. Do Pass.

HB 740. Do Pass.

HB 1046. Do Pass.

HB 1038. Do Pass.

HB 1042. Do Pass.

HB 1059. Do Pass.

HB 928. Do Pass.

HB 956. Do Pass.

HB 1057. Do Pass. HB 976. Do Pass.

HB 943. Do Pass.

HB 972. Do Pass as amended.

HB 1032. Do Pass as amended.

HB 929. Do Pass as amended.

HB 942. Do Pass.

HB 1052. Do Pass.

Respectfully submitted,

Ayers of 13th District,

Chairman

1258

JOURNAL OF THE SENATE,

Mr. Higginbotham of the 31st 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:

HB 1011. Do Pass as amended.

HB 946. Do Pass.

HB 930. Do Pass.

SB 244. Do Pass.

HB 1024. Do Pass.

HB 1047. Do Pass.

HB 953. Do Pass.

Respectfully submitted,
Higginbotham of 31st District, Chairman

Mr. Pittman of the 42nd 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 1022. Do Pass.

HB 912. Do Pass.

HB 982. Do Pass.

HB 973. Do Pass.

HB 770. Do Pass.

HB 127. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation 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 1040. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

WEDNESDAY, FEBRUARY 8, 1950

1259

Mr. Higginbotham of the 31st 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:

HB 1003. HB 1012. SB 242. SB 243. SB 241. HB 900. HB 1039. HB 1007. HB 987. HB 1043.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Not Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Zellner of the 22nd 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 935. Do Pass.

Respectfully submitted, Zellner of 22nd District, Chairman

Mr. Saunders of the 25th District, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

Your Committee on Temperance 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 886. Do Pass.

HB 1058. Do Pass.

Respectfully submitted, Saunders of 25th District, Chairman

1260

JOURNAL OF THE SENATE,

Mr. McCoy of the 4th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 995. Do Pass.

HB 1056. Do Pass.

Respectfully submitted, McCoy of 4th District, Chairman

Mr. Land of the 24th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 1048. Do Pass.

Respectfully submitted, Land of 24th District, Chairman

Mr. Cochran of the 7th 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 bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 985. Do Pass.

Respectfully submitted, Cochran of 7th District, Chairman

WEDNESDAY, FEBRUARY 8, 1950

1261

Senator Housley of the 32nd 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 238. SB 229. SB 142. SB 240. SB 123. SB 202. SB 232. SB 234. SB 184. SR 80. SR 92.

Respectfully submitted, Housley of 32nd District, Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time:
SB 241. By Senator Eve of the 18th:
A bill to amend the charter of the City of Augusta by repealing certain acts establishing the office of Commissioner of Public Safety; and for other purposes.
SB 242. By Senator Eve of the 18th:
A bill to amend the charter of the City of Augusta so as to abolish the office of the Commissioner of Public Safety and to delegate the powers vested in that office to the civil service commission; and for other purposes.
SB 243. By Senator Eve of the 18th:
A bill to provide for absentee voting in municipal elections to establish a voters list for use in the City of Augusta; to provide a method of challenging voters; and for other purposes.
SB 244. By Senator Eve of the 18th:
A bill to exempt any municipal corporation having population of between 65,000 and 70,000 from provisions of Section 92-7601 of Code of 1933 so as to authorize lower rate of interest on assessments for streets and sewers; and for other purposes.

1262

JOURNAL OF THE SENATE,

SB 245. By Senator Dykes of the 14th:
A bill to amend "act to reorganize State Department Law" by repealing Code Sections 40-1607-1608-1609; relating to Department of Law, Attorney General; to fix salaries ; and for other purposes.

HB 229. By Mr. Dorsey of White:
A bill providing funds to compensate Mrs. Earl Roger Nix and two minor children for the death of their husband and father, an employee of the state, who was killed by an overturning tractor while cutting right-of-way for the State Highway Department, in White County; and for other purposes.

HB 368. By Messrs. Terrell and Moulton of Floyd:
A bill to abolish the offices of tax receiver and tax collector and to create in lieu thereof the office of County Tax Commissioner of Floyd County; and for other purposes.

HB 740. By Mr. Risner of Hart:
A bill to amend an act entitled "An act to create the office of commissioner of roads and revenue and bridges and a board of finance, consisting of three members in and for Hart County; and for other purposes.

HB 770. By Messrs. Abney of Walker and Briscoe of Walton:
A bill to amend Section 30-102 of the Code of Georgia of 1933, which section relates to the ground for the granting of a total divorce; and for other purposes.

HB 127. By Messrs. Howard of DeKalb, Smith of Fulton, Smith of Emanuel and others:
A bill to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years; and for other purposes.

HB 478. By Mr. Gross of Stephens:
A bill to fix the compensation of reporters and assistant reporters of Supreme Court and Court of Appeals; and for other purposes.

HB 506. By Mr. Gross of Stephens: A bill to require certificates of title for motor vehicles.

HB 809. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to authorize commissioners of roads and revenues of Muscogee County to increase or decrease salaries of clerk of Superior Court of Muscogee County; and for other purposes.

HB 895. By Mr. Bell of Elbert:
A bill to amend an act to establish the city court of Elberton; to define its jurisdiction; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1263

HB 929. By Mr. Summerour of Dawson:
A bill to amend an act creating a board of commissioners of roads and revenues for Dawson County to provide that chairman of board shall be paid an annual salary and the remaining two commissioners to be paid on a per diem basis; and for other purposes.

HB 991. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing new charter for the City of East Point to change the number of aldermen from six to eight; and for other purposes.

HB 1017. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act creating the Town of Chamblee so as to include additional territory; and for other purposes.

HB 1052. By Messrs. McGee, Hood and Page of Chatham:
A bill to amend "an act to authorize and empower commiSSioners of Chatham County and ex-officio judges thereof" to create a pension board; and for other purposes.

HB 886. By Mr. Twitty of Mitchell:
A bill to further regulate the sales and delivery of malt beverages to provide for penalties for violation of this fact; and for other purposes.

HB 912. By Messrs. Mathews and Baker of Clarke and Campbell of Oconee:
A bill to supplement the salary of the judge of the Superior Courts of the Western Circuit so as to allow expenses for clerical hire, office and library expense; and for other purposes.

HB 927. By Mr. Swindle of Berrien:
A bill to amend the charter of the Town of Alapaha, Berrien County, Georgia, to empower the mayor and aldermen to levy one per cent. ad valorem taxes on the property of said town; and for other purposes.

HB 929. By Mr. Summerour of Dawson:
A bill to amend an act "To create a board of commissioners of roads and revenue for the County of Dawson; and for other PUrPoses.

HB 930. By Messrs. Alexander and Duncan of Carroll:
A bill to amend the act approved November 23, 1901 creating and adopting a new charter for the Town of Temple, and all acts amendatory thereof; and for other purposes.

HR 77. By Messrs. Smith, Walton and Alverson of Fulton:
A resolution to propose to the qualified voters of Georgia an amendment to Article VII, Section V, paragraph I of the Constitution of Georgia of 1945 to authorize Fulton County to contribute to the support of stateowned institutions within its limits; and for other purposes.

1264

JOURNAL OF THE SENATE,

HR 142. By Mr. Johnson of Hall:
A resolution compensating for injuries by State Highway Department employee to Mr. Marion Murphy; and for other purposes.

HR 137. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, paragraph I of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County may make and levy special assessments for street improvements; and for other purposes.

HR 179. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to paragraph VI, Section I, Article XI of the Constitution so as to require the tax receiver, collector or commissioner to receive tax returns and collect taxes due the City of Atlanta; and for other purposes.

HR 178. By Mr. Mashburn of Forsyth:
A resolution proposing an amendment to Article VII, Section VII, paragraph I, of the Constitution of Georgia in regard to bonds of Forsyth County; and for other purposes.
HR 182. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I of the Constitution to provide that upon the extension of the city limits of Atlanta the territory embraced therein shall become a part of the Atlanta Independent School System; and for other purposes.
HR 181. By Messrs Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, paragraph IV of the Constitution to provide for homestead exemption in the City of Atlanta; and for other purposes.
HR 187. By Mr. Holloway of Schley:
A resolution proposing to the qualified voters of Georgia an amendment to Article 8, Section 5, paragraph 1, of the Constitution of Georgia so as to provide for the election of members of the county board, and for other purposes.
HR 171. By Mr. Byrd of Taylor:
A resolution proposing to the qualified voters an amendment to Article VIII, Section V, paragraph I of the Constitution of the State of Georgia, so as to provide for the division of Taylor County into nine school districts and for the election of members of the county board of education from such school districts; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1265

HR 148. By Messrs. Hubert, Howard and McWhorter 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 system located therein, and to provide that the

HR 129. By Messrs. Robertson and Hill of Meriwether:
A resolution proposing to the qualified voters an amendment to Article 8, Section 5, paragraph 1 and an amendment to Article 8, Section 6, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Meriwether County into school districts, and for the election of members of the county board of education from such school district; and for other purposes.

HR 124. By Messrs. Durden and Davis of Dougherty:
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, paragraph 1 of the Constitution of Georgia, 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 Albany and the existing school district in the County of Dougherty; and for other purposes.

HR 132. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia, to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, may exceed 7% of the assessed value incurred by Fulton County Board of Education, but shall not exceed 12% thereof; and for other purposes.

HR 131. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section 1, paragraph IV, of the Constitution of Georgia to provide that the homestead exemption from taxation shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education; and for other purposes.

HR 183. By Mr. Lewis of Hancock:
A resolution to the qualified voters of Georgia an amendment to Article VIII, Section V, paragraph I of the Constitution so as to provide for the election of members of the county board of education of Hancock County by the people; and for other purposes.

HR 125. By Mr. Groover of Troup:
A resolution by the House of Representatives of the State of Georgia, the Senate concurring, that the State Highway Department of Georgia be, and it is, authorized to pay to said Johnson Motor Company of LaGrange, the sum of $524.15 to cover the damages done to said vehicle belonging to it.

1266

JOURNAL OF THE SENATE,

HR 149. By Messrs. Watford of Long, Lewis of Hancock and others:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section 1, paragraph 11, sub-paragraph 1, of the Constitution of the State of Georgia; and for other purposes.

HR 174. By Messrs. Baggett of Grady, Chastain of Thomas and others:
A resolution to pay damages caused by a highway truck while being used for highway purposes; and for other purposes.
HR 176. By Mr. McCracken of Jefferson:
A resolution to compensate John D. Gavin for medical and hospital expenses; and for other purposes.
HR 23. By Mr. McGarity of Henry: A resolution to compensate for injuries to the house of Mrs. Olivia Glass by state patrolman running automobile of state patrol into right front corner of the porch ; and for other purposes.
HR 180. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, paragraph I, of the Constitution, to provide that the City of Atlanta may assume part of the Fulton County School Bonds if the city limits are extended; and for other purposes.
HR 91. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution to compensate William Kimbrell for injuries sustained by the collapsing of a grand stand at Reidsville state prison; and for other purposes.
HR 168. By Messrs. Davis and Jenkins of Bartow, Moulton, Scoggins and Covington of Floyd:
A resolution that the Department of Parks be authorized and directed to negotiate with the federal government for the leasing of Allatoona Dam ; and for other purposes.
HB 970. By Tuten of Bacon:
A bill to create board of commissioners of roads and revenues for Bacon County and to provide for election of members thereof; and for other purposes.
HB 1001. By Messrs. Robertson and Hill of Meriwether: A bill to amend an act incorporating the City of Manchester; and for other purposes.
HB 887. By Mr. Holloway of Schley:
A bill to amend an act which act established a City Court of Ellaville; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1267

HB 895. By Mr. Bell of Elbert:
A bill to amend an act entitled an act to establish the City Court of Elberton in Elbert County; and for other purposes.

HB 982. By Mr. Cook of Chattooga:
A bill to amend an act approved March 10, 1941, Georgia Laws 1941, pp. 621-634, entitled an act to establish the City Court of Chattooga County; and for other purposes.

HB 976. By Messrs. Abney and Campbell of Walker:
A bill to require candidates in primary elections for members of the General Assembly in all counties with a population of not less than 31,020 and not more than 31,030, according to the census of 1940, to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes.

HB 942. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act abolishing the justice of peace courts and the establishment of the Municipal Court of Atlanta as heretofore amended, to provide for the increase in the salary of the chief judge of said court; and for other purposes.

HB 988. By Mr. Cagle of Pickens:
A bill to amend the act creating the office of tax commissioner of Pickens County, Georgia; and for other purposes.

HB 936. By Mrs. Blitch of Clinch:
A bill to amend the act creating the charter for the City of Homerville so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.

HB 938. By Mrs. Blitch of Clinch:
A bill entitled "An act to amend the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.

HB 940. By Mr. Page of Chatham:
A bill to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, so as to extend the corporate limits of said town; and for other purposes.
HB 941. By Messrs. Page and McGee of Chatham:
A bill to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, particularly with respect to certain land of said town; and for other purposes.

1268

JOURNAL OF THE .SENATE,

HB 946. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colbert in the County of Madison; and for other purposes.

HB 948. By Mr. Boone of Wilkinson: A bill to incorporate the Town of Ivey in Wilkinson County.

HB 966. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester, to extend and redefine the corporate limits of said city; and for other purposes.

HB 985. By Messrs. Davis and Durden of Dougherty:
A bill to amend the act of 1949, page 1622, entitled an act to provide for the regulation of the installation of warm air heating equipment; and for other purposes.
HB 986. By Mr. Cagle of Cherokee:
A bill to amend an act of the General Assembly of Georgia, approved July 26, 1922, amending an act of July 29, 1919, and the act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 1913; and for other purposes.

HB 991. By Messrs. Alverson, Walton and Smith of Fulton: A bill to amend an act establishing a new charter for the City of East Point, and the several acts amendatory thereof; and for other purposes.
HB 995. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend the Code of Georgia of 1933, section 88-203 pertaining to authority of county boards of health in counties with certain population; and for other purposes.
HB 1001. By Messrs. Robertson and Hill of Meriwether:

A bill to amend an act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester; to authorize the city to close to public use certain streets; and for other purposes.

HB 1006. By Mr. Miller of Miller:
A bill to amend an act approved March 2nd, 1935, establishing a city court in and for the County of Miller; changing the method of compensating the solicitor of said court; and for other purposes.
HB 1011. By Messrs. Willingham and Reed of Cobb:
A bill to amend, consolidate and supersede the several acts incorporating the City of Kennesaw, in the County of Cobb, State of Georgia and to create a new charter of said corporation and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1269

HB 1014. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "an act to consolidate, amend and supersede the several acts incorporating the Town of Louisville, in the County of Jefferson; and for other purposes.

HB 1021. By Mr. McCracken of Jefferson:
A bill to create and establish a new charter for the Town of Ba1tow to declare the rights, powers and privileges of said corporation; and for other purposes.

HB 1023. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham, to authorize the mayor and council of. said city to create the office of recorder for said City of Pelham; and for other purposes.

HB 1092. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved March 20, 1943 entitled An act to create and establish for DeKalb County a DeKalb County water works advisory board ; and for other purposes.

HB 1029. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment to Article VII, Section 4, paragraph 1, sub-paragraph 15, of the Constitution of Georgia, so as to authorize the General Assembly of Georgia with respect of Bibb County to enact a law or laws whereby a pension or retirement plan or plans may be constituted for all or any persons elected or appointed; and for other purposes.

HB 1028. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to propose to the qualified voters of Georgia an amendment, so as to ratify and validate acts passed since the federal census of 1940, and which affect Bibb County, its courts; and for other purposes.

HB 1048. By Messrs. Howard, Hubert and McWhorter of DeKalb, Kemp of Clayton and others :
A bill to carry into effect paragraph one, Section three, Article six of the Constitution, to add one additional judge of the superior court for the Stone Mountain Circuit; and for other purposes.

HB 1056. By Mr. Covington of Floyd:
A bill to repeal Code Section 84-927 relating to the authority of the State Board of Medical Examiners of Georgia to issue temporary license to recreational areas; and for other purposes.

HB 1080. By Messrs. Henderson of Atkinson, Ellis of Coffee and others:
A bill to amend the act known as the General Appropriations Act, approved February 25, 1949 by providing for an appropriation for the Georgia State Museum; and for other purposes.

1270

JOURNAL OF THE SENATE,

HB 1058. By Mr. Best of Clay:
A bill to repeal an act entitled, "an act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton, in the County of Clay"; and for other purposes.

HB 1060. By Mr. Wilkes of Cook:
A bill to repeal an act approved July 29, 1919 entitled an act to incorporate the City of Adel and all amendments thereto, so as to repeal the charter of the City of Adel; and for other purposes.

HB 1082. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to establish a new charter for the City of Atlanta and the several acts amendatory thereof, to provide for the extension of the city limits; and for other purposes.
HB 1090. By Messrs. Galloway and Vickers of Colquitt:
A bill to amend an act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt; to fix the terms of the mayor and council of said town; and for other purposes.
HB 900. By Messrs. Harper and Bolton of Spalding:
A bill to amend an act entitled "an act to revise and consolidate the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin; and for other purposes.

HB 928. By Mr. Summerour of Dawson:
A bill to provide in counties of the State of Georgia having a population of not less than four thousand (4,000) nor more than five thousand (5,000), according to the federal census of 1940, and any future federal census, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; and for other purposes.
HB 934. By Messrs. Davis and Jenkins of Bartow and others:
A bill to amend the act known as the General Appropriations Act so as to appropriate an additional $25,000 to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona Dam recrational areas; and for other purposes.

HB 935. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A bill to amend an act entitled "an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
HB 943. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend the Code of Georgia of 1933, Section 21-105, so as to fix the salary of the coroners in all counties of 300,000 or more at not less than $5,000.00 per year and not more than $7,000.00 per year; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1271

HB 956. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Lumpkin County and creating an office of tax commissioner; and for other purposes.

HB 949. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to amend an act approved February 25, 1949, entitled General Appropriation Act, changing the appropriation of the Department of Revenue; and for other purposes.

HB 952. By Messrs. Bolton and Harper of Spalding:
A bill to repeal an act approved December 20, 1897, to incorporate the City of Sunny Side; and for other purposes.

HB 971. By Mr. Tuten of Bacon:
A bill to amend an act entitled "An act to create a new charter for the Town of Alma now in Bacon County; and for other purposes.

HB 978. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by repealing sub-section (4) , Section 28, providing for a board of tax assessors to be elected by the people; and for other purposes.

HB 983. By Messrs. Walton, Alverson and Smith of Fulton:
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.

HB 980. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by authorizing the mayor and council to elect or appoint a recorder for the City of Eatonton; and for other purposes.
HB 954. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide for the scientific appraisal of all taxable property in Atlanta and Fulton County; and for other purposes.
HB 945. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to provide for the extension of the city limits to include "Sylvan Hills" and "Claire Drive"; and for other purposes.
HB 944. By Messrs. Alverson, Walton and Smith of Fulton: 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.

1272

JOURNAL OF THE SENATE,

HB 1000. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to amend an act approved August 3, 1927, entitled "An act to reenact the charter of the city of Macon; to amend Section 2 of said act by adding thereof description of new territory to become a part of the city; and for other purposes.

HB 1061. By Mr. Wilkes of Cook:
A bill to incorporate the City of Adel; to include certain portions of territory in the Town of Sparks, and territory now included in the City of Adel; and for other purposes.
HB 1062. By Mr. Wilkes of Cook:
A bill to repeal an act approved December 20, 1899 entitled an act to establish a new charter for the Town of Sparks, County of Berrien, and all amendments thereto, so as to repeal the charter of the Town of Sparks, and for other purposes.

HB 973. By Messrs. Adams of Evans, Smiley of Liberty and others:
A bill to amend an act known as the "Revenue Certificate Law of 1937" by adding to Section 2 provisions whereby counties may purchase lands held in fee from the Government of the United States; and for other purposes.
HB 972. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act to establish the criminal court of Atlanta, to provide an increase in the salaries of the judges and solicitor general of said court; and for other purposes.

HB 979. By Mr. Griffith of Putnam:
A bill to repeal Section 11 of an act approved August 12, 1921, creating a new board of commissioners for the County of Putnam; and for other purposes.
HB 987. By Messrs. Galloway and Vickers of Colquitt:
A bill to incorporate the Town of Berlin, in the County of Colquitt, State of Georgia, and to grant certain power and privileges to said town; to create a new charter; to provide a municipal government; to provide for a mayor and council; and for other purposes.
HB 996. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, Section 88-205 to provide that in all counties with certain population the publishing of rules of said counties shall be prima facia evidence for such posting; and for other purposes.
HB 1057. By Mr. Smith of Haralson:
A bill to amend an act setting up the salary of the treasurer of Haralson County; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1273

HB 953. By Messrs. Alverson, Smith and Walton of Fulton:
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; to provide "employees of the city" shall include retired officers and employees ; and for other purposes.

HB 1002. By Messrs. Alverson and Walton of Fulton:
A bill to amend an act establishing a local government commission in Fulton County, to provide for the extension of the existence of the said commission; and for other purposes.

HB 1003. By Mr. Dunn of Seminole:
A bill to amend an act approved August 26, 1931, amending the charter of the City of Donalsonville ; and for other purposes.

HB 1004. By Mr. Wetherington of Echols:
A bill to amend an act of the Georgia Legislature of 1945, entitled "an act to provide for the division of Echols County into three commissioner's districts; and for other purposes.

HB 1007. By Mr. Miller of Miller:
A bill to amend, consolidate and supersede the several acts, incorporating the City of Colquitt; and for other purposes.

HB 1012. By Mr. Lockett of Randolph:
A bill to create a method of election of a mayor and council in and for the Town of Shellman; and for other purposes.

HB 1022. By Mr. McCracken of Jefferson.
A bill to amend Code Section 92-4101 so that said section as amended shall provide "tax over one-half of one percent, prohibited by any municipality provided that provisions of Sections 92-4101 to 92-4104 shall not apply to certain cities; and for other purposes.

HB 1038. By Messrs. Johnson and Barton of Hall:
A bill to amend (Georgia Laws 1949, page 788) being an act entitled an act to authorize additional election precincts in a single militia district of Hall County; and for other purposes.

HB 1040. By Messrs. Gillis of Treutlen, Lewis of Hancock:
A bill to amend the act known as the "Soil Conservation Districts Law"; and for other purposes.

HB 1042. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, which increases the clerks in the tax receiver's office from 2 to 4 in counties with a certain population; and for other purposes.

1274

JOURNAL OF THE SENATE,

HB 1059. By Mr. Baggett of Grady:
A bill to amend an act entitled, "an act to establish the City Court of Cairo, in and for the County of Grady; and for other purposes.

HB 1099. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to repeal the law requiring a late primary for county officers in counties having a population of 200,000 or more; and for other purposes.

HB 1102. By Messrs. Johnson and Barton of Hall:
A bill to authorize the board of commissioners of roads and revenues of Hall County to create and establish restricted zones or districts; and for other purposes.

HB 990. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, to regulate salaries of the judge, clerks, deputies clerk, sheriff and deputy sheriffs of the municipal court, City of Augusta; and for other purposes.

HB 1032. By Mr. Summerour of Dawson: A bill to amend Section 1 of an act approved February 25, 1949, providing for the terms of the Superior Court of Dawson County; and for other purposes.
HB 1052. By Messrs. McGee, Hood and Page of Chatham: A bill to amend the act entitled "An act 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 1047. By Messrs. Walton, Smith and Alverson of Fulton: A bill to amend the charter of the City of Hapeville and the several acts amendatory thereof; and for other purposes.
HB 1046. By Messrs. Bell and Cohen of Richmond: A bill to amend an act (Georgia Laws 1947, page 70) so as to arrange the registration list of Richmond County, Georgia, alphabetical by names instead of alphabetical by streets ; and for other purposes.
HB 1043. By Mr. McGarity of Henry: A bill to amend an act known as "Amending Charter of McDonough" and acts amendatory thereof, by amending the charter of the Town of McDonough, in the County of Henry, to extend the corporate limits of the said City of McDonough; and for other purposes.

WEDNESDAY, FEBRUARY 8, 1950

1275

HB 1031. By Mr. Pannell of Murray:
A bill to amend the act creating the board of roads and revenues of Murray County, so as to increase the salary of the clerk of said board from twenty ($20.00) dollars per month to one hundred ($100.00) dollars per month; to provide for a referendum; to repeal conflicting laws; and for other purposes.

HB 1024. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta, to authorize the levy and collection of a tax by said city upon consumers of electricity, gas, or other products or services of public utility companies for a period of two years only; and for other purposes.

The following local bill of the House was read the third time and put upon its passage:
HB 914. By Mr. Aycock of Jenkins: A bill to amend an act to create an office of tax commissioners of Jenkin~ County; to provide and fix compensation of said 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolutions were read the third time and put upon their passage:
HR 214. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and Gross of Stephens: A resolution requesting the Federal Power Commission to grant permits for the building and construction of pipe lines to serve Georgia with natural gas; and for other purposes.
Senator Pilcher of the 19th offered the following amendment: Amend HR 214 by adding the City of Warrenton to the list of cities.
The amendment was adopted.
Senator Harrison of the 17th offered the following amendment : Amend HR 214 by adding the City of Millen to the list of cities.
The amendment was adopted.
Senator Clary of the 29th offered the following amendment: Amend HR 214 by adding the City of Harlem.
The amendment was adopted. The resolution as amended, was adopted.

1276

JOURNAL OF THE SENATE,

The following general bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 202. By Senator Foster of the 40th: A bill relating to prescribing, administering and dispensing of narcotics by a physician, dentist, osteopath, veterinarian, 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 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill, postponed yesterday, was taken up for further consideration:

HB 600. By Mr. Twitty of Mitchell:
A bill to create a Board of Naturopathic Examiners; and for other purposes.

Senator Harrison offered the following amendment: Amend HB 600, Section 15 to eliminate all the words in the line 2 beginning with "except" and ending at the comma," after the words "materia-medica".
The amendment was adopted.
Senator Pilcher of the 19th offered the following amendment: Amend HB 600 by striking the fourth and fifth lines of Section 11 after the words "arts" the following words to wit: "and the reporting of births".
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 26, nays 15. The bill, having failed to receive the requisite constitutional majority, was lost.

The following bill of the House, postponed yesterday, was taken up for further consideration:
HB 604. By Messrs. McMillan of Washington, Meeks of Union, Blitch of Clinch, Sills of Candler, Lewis of Hancock and Terrell of Floyd:
A bill to be entitled an act to create a Jekyll Island State Parks Authority; and for other purposes.
Senator Grayson of the 1st offered the following amendments to Senator Overby's substitute:
Amend Section 17 of the substitute by striking words and figures six (6%) percentum wherever they appear in said section and substituting in lieu thereof words and figures four (4%) per centum.
The amendment was adopted.

WEDNESDAY, FEBRUARY 8, 1950

1277

Amend the substitute by inserting in Section 10 between the words "onethird of" and the words "Jekyll Island" the words "the highland portion" so that the section as amended will read:

"Section 10. The Authority is empowered to survey, subdivide, improve and lease as subdivided and improved not more than one-third of the highland portion of Jekyll Island, the leased property described aforesaid."
The amendment was adopted.

Amend the substitute by adding a new section to be numbered 23A and to read as follows :
"Section 23A. The Authority shall have no right to mortgage, pledge, or encumber any portion of the leasehold estate to be conveyed to it by the state, except that part that is subdivided into lots in accordance with Section 8 of this act."
The amendment was adopted.

Amend the substitute by striking Section 13 in its entirety and substituting in lieu thereof the following section :
"Section 13. The Authority is directed as soon as it deems it feasible so to do to set aside sufficient land on Jekyll Island to provide a suitable plot for each county in the state for use for charitable purposes. The authorities having charge of the fiscal affairs of any county desiring to use such plot shall file with the Authority a proposal setting forth the uses to which such plot is to be placed, the person or persons to have charge and control of the same, the nature of improvements to be placed thereon. Such proposal shall also disclose how funds are to be secured for the improvements to be placed thereon. Such proposal shall also disclose how funds are to be secured for the improvement and operation of the facilities. If the Authority deems such proposal to be in the public interest and to the advantage of the said State Park it may lease such plot for not exceeding 20 years to the fiscal authority of such county or to properly appointed trustees. Such lease shall provide such restrictions, covenants and conditions as the Authority deems proper, and for the termination of the lease upon violation of the provisions of the lease."
The amendment was adopted.
On the adoption of the substitute offered by Senator Cochran of the 7th, the ayes were 6, nays 22, and the substitute was lost.
On the adoption of the substitute offered by Senator Overby of the 33rd, the ayes were 34, nays 8 and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.
On the passage of the bill, the ayes were 34, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.

1278

JOURNAL OF THE SENATE,

SB 142. By Senator Grayson of the 1st:
A bill to amend an act approved February 23, 1949 (Georgia Law 1949, pp. 960-962) relating to the oath of state employees by repealing Section 3 thereof and prescribing in lieu thereof a new section prescribing a new form of oath; and for other purposes.
The report 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.
Th~ bill, having received the requisite constitutional majority, was passed.

SB 234. By Senator Purdom of the 46th: A bill to repeal an act approved February 17, 1949 (Georgia Laws 1949, page 695) known as the "Unfair Cigarette Sales Act"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Senator Blalock of the 36th asked to be recorded as voting aye on the bill.
On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Ursery of the 54th asked unanimous consent that SB 234 be immediately transmitted to the House and the consent was granted.

SB 194. By Senator McCoy of the 4th:
A bill to amend Code Sections 84-1011, 84-1012, and 84-1016 of the Code of 1933 by repealing the same and substituting new sections providing for the qualifications of practical nurses, examinations, licenses without examinations; and for other purposes.
Senator Blalock of the 36th moved that SB 194 be indefinitely postponed.
On the motion, the ayes were 23, nays 14 and the motion prevailed.

SB 240. By Senator Overby of the 33rd:
A bill to amend the act creating the office of supervisor of purchases, by providing that after contracting under competitive bids and after certification by the supervisor of purchases to different departments, they may requisition materials and equipment required by them from the supply so certified; and for other purposes.
The report 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.

WEDNESDAY, FEBRUARY 8, 1950

1279

SB 184. By Senator Dykes of the 14th, Cobb of the 48th and Ayers of the 13th:
A bill to extend provisions of the merit system act approved Feb. 4, 1943, to include the employees of the State Dept. of Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Tarver of the 48th asked unanimous consent that SB 184 be immediately transmitted to the House, and the consent was granted.

SR 80.

By Senator Turner of the 34th:
A resolution to amend SR 43 (Georgia Laws 1949, pp. 2120-2121) by providing that the Insurance Commissioner be authorized to expend any funds appropriated to the Department necessary in the preparation of this Code for submission to the General Assembly for an act and to provide any appointments shall be made from list of names nominated by the Insurance Commissioner to the Governor; 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 92. By Senator Purdom of the 46th:
A resolution authorizing the State Board of Education to sell the property now used as the Academy for the Colored Blind in Macon; 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.

SB 123. By Senator Purdom of the 46th:
A bill to amend an act providing for the distribution of names and addresses of accountants; to provide and specify classifications of accountants; to provide for issuance of certificates to accountants; to provide for introduction of expert evidence by accountants; to eliminate distinction between classes of accountants; to repeal conflicting laws; and for other purposes.

Senator Purdom of the 46th offered the following amendment:
Amend SB 123 as follows: Strike from the caption the words "to provide for the issuance of certificates to accountants." Strike Section 2 as amended by the committee in its entirety.

1280

JOURNAL OF THE SENATE,

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

SB 167. By Senator Tarver of the 48th and others:
A bill to amend an act approved March 9, 1945 (Georgia Laws 1945, pp. 362-366) as amended creating the office of Judge of Superior Court Emeritus to amend Section 5 so that the Judge of Supreme Court Emeritus shall be prohibited from practicing law in any state court or United States court held in the State of Georgia; and for other purposes.
Senator Pittman of the 42nd moved that SB 167 be indefinitely postponed.
On the motion to postpone, the ayes were 27, nays 4, and the motion prevailed.

HB 115. By Messrs. Sumner of Worth and Greer of Lanier:
A bill to be entitled an act to amend an act providing for the chartering of non-profit corporations to be organized for the purpose of furnishing group hospital service and providing for the method of operation, and for other purposes.

The Committee on Insurance offered the following substitute:
A BILL
To provide for the organization and operation of non-profit Medical Service corporations, under which medical and surgical care, or both, may be rendered by licensed doctors of medicine ; to fix the powers and duties of such corporations; to provide for the regulation of the same by the Insurance Commissioner of the State of Georgia; 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. Public Policy; Liberal Construction; Act, How Cited.
(a) It is declared to be the public policy of this state to conserve its human resources by making available to all its citizens medical and surgical care in keeping with modern scientific practices in the field of medicine, and to this end this legislation is enacted.
(b) This statute shall be construed liberally to promote its humanitarian purposes.
(c) This statute may be cited as "Non-Profit Medical Service Act of 1950."
SECTION 2. Definitions. That, as used in this act, the following terms have the meanings respectively assigned to them unless the context otherwise plainly requires:

WEDNESDAY, FEBRUARY 8, 1950

1281

(a) "Medical Service Corporation" means a corporation organized without capital stock and not for profit, and incorporated in accordance with Section 5 of this act, specifically for the purpose of establishing, maintaining and operating a non-profit Medical Service Plan.
(b) "Medical Service Plan" means a plan or arrangement under which medical services are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon at the expense of a Medical Service Corporation, as defined herein, in consideration of periodical payments made by the subscriber or another in his behalf prior to the occurrence of the condition calling for the rendition of medical or surgical services.
(c) "Medical Services" means the general and usual services and care rendered and administered by doctors of medicine. It shall not include hospital service.
(d) "Subscriber" and "Member" means a person to whom a subscription certificate is issued by a Medical Service Corporation which sets forth the kinds and extent of the medical services for which the corporation is liable to make payment.
(e) "Beneficiary" and "Covered Dependent" means a person designated in the subscription contract, or application therefor, as entitled to the medical services referred to in paragraph (d) of this section, with respect to whom appropriate dues are specified in writing between the corporation and the member holding such certificate.
(f) "Participating Physician" means a doctor of medicine licensed to practice medicine and surgery in this state who agrees, in writing, with a Medical Service Corporation to perform the medical services specified in the subscription certificates issued by the Corporation, and at such rates of compensation as shall be determined by the board of directors of the Corporation, and who agrees to abide by the by-laws, rules and regulations of the Corporation applicable to participating physicians.
(g) "Commissioner" means the Insurance Commissioner of the State of Georgia.
(h) "Person" includes a natural person, a co-partnership, an association, a common law trust or a corporation.
(i) The personal pronoun as used in this act, except where otherwise clearly indicated, shall import masculine, feminine or neuter gender.
SECTION 3. Corporations to Provide Medical Service. That corporations contemplated by this act may be incorporated for the purpose of establishing, maintaining, and operating a non-profit medical service plan under which medical or surgical care, or both, may be rendered by licensed doctors of medicine with whom any such corporation has contracted for such medical or surgical care, as herein defined.
SECTION 4. Corporations to Be Non-Profit Organizations. That such corporations shall be governed and conducted as non-profit organizations for the sole purpose of offering and furnisl}ing a Medical Service Plan or Plans to its members, beneficiaries and covered dependents in consideration of the payment by such members or -other persons of a definite sum for the medical or surgical care, or both, so contracted to be furnished; provided, however, the necessary expense of administering

1282

JOURNAL OF THE SENATE,
the affairs of said corporations may be paid from the dues or payments collected.
SECTION 5. Incorporation. That corporations contemplated by this act shall be chartered and organized as non-profit corporations in the manner prescribed by the "Corporation Act of 1938" and amendments thereto, with such modifications only as are set forth in this act.
SECTION 6. Organization. The business of such corporations shall be managed by a Board of Directors of three (3) or more persons, the majority of whom, at all times, shall be licensed doctors of medicine, and elected by the members and for such terms as may be provided in the by-laws; provided, however, if such corporation shall operate in as many as six (6) counties of this state, its Board of Directors shall consist of not less than five (5) persons, and, if such corporation shall operate in as many as fifteen (15) or more counties of this state, its Board of Directors shall consist of not less than seven (7) persons. The medical members of the Board shall be nominated by the medical societies in the county or counties in which the corporation shall operate and the other members of the Board shall be representative of the subscribers of the areas involved and shall be nominated by the members of the corporation, and all members of the Board shall be elected by the members of the corporation as herein provided. Directors shall serve without pay for their work in this capacity; however, they may receive pay for particular services actually rendered, such as legal counsel, medical or surgical service, accounting or other required services, upon specific approval of the Board of Directors, such approval being made a part of the minutes of the Board of Directors, except a director shall have no vote on any matter in which he has a financial interest.
SECTION 7. Persons Authorized to Write Medical Service Plan Contracts. That it shall be unlawful for any person except a Medical Service Corporation (incorporated in accordance with the provisions of this act and operating in accordance with authority from the Commissioner) to establish, maintain, or operate a Medical Service Plan, or to solicit subscribers to or enter into contracts with respect to a Medical Service Plan; provided, such corporations, with the approval of the Commissioner, may enter into an agency contract with any licensed nonprofit hospital service corporation; and, provided further, nothing in this act shall be construed as preventing a person from furnishing medical services for the prevention of disease among his employees or from furnishing such medical services as are required under the workmen's compensation or other laws of this state, or as preventing any duly licensed insurance company from writing medical indemnity insurance.
SECTION 8. Applications. That such corporations when organized shall be authorized to accept applicants individually or in groups who may become members of said corporation furnishing medical or surgical care, or both, under a contract which shall entitle each member, beneficiary, and covered dependent to such medical or surgical care, or both, for such period of time as is provided therein; and that such corporations shall be governed by this act and shall not be construed as being engaged in the insurance business under the laws of this state.
SECTION 9. Limitation of Service. That each such corporation shall be authorized to accept applications for membership and to issue contracts only to persons residing in counties in which the medical service plan of such corporation shall have been approved by the county medical

WEDNESDAY, FEBRUARY 8, 1950

1283

society of such county. In the event there is no medical society in the particular county concerned, approval by the medical society in an adjoining county will be considered sufficient.
SECTION 10. Authority of Corporations to Contract. That such corporations shall have the authority to contract with physicians, for payment of services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such medical or surgical care, or both, as may be agreed upon in the contract of said corporation, with the right of said corporation to limit in said contract the types of diseases and conditions for which it shall furnish medical or surgical care, or both.
SECTION 11. Limitation Upon Authority to Contract. That such corporations shall have authority to contract with only licensed doctors of medicine; provided, however, that all contracts issued by such corporations to members shall contain a provision, to be first approved by the Insurance Commissioner, which shall permit the persons with whom made, and all persons entitled to medical service thereunder, the right to receive such service, either in ordinary or emergency cases, from any licensed doctor of medicine selected by such person, and that such doctor of medicine will be paid by such corporation an amount provided for in the contract of such corporation for non-participating licensed doctors of medicine.
SECTION 12. Membership Certificates. That every such corporation shall issue to its members certificates of membership, which shall set forth the contract between the corporation and the member, and specify how the holder of such contract may obtain the name or names and addresses of the physicians upon whom the member shall have the right to call for medical or surgical care, or both, and the nature of such services. Such certificate shall be consistent with this act and the purposes thereof. It shall contain no unnecessary or rigid restriction, limitation or exclusion. It shall be prepared with the greatest possible degree of clearness, and in such a way as not to mislead the holder. Its form, size of type, general arrangement, and contents shall be subject to the approval of the Insurance Commissioner and shall be filed with and approved by him, before being issued in this state.
SECTION 13. Prohibition Against Corporate Practice of Medicine. That such corporations shall have the right to sell contracts providing for the payment of specified charges made by physicians furnishing medical or surgical care, or both, to the holders of such contracts, their beneficiaries and covered dependents as herein provided for. Such contracts shall not in any manner restrict the right of the holder to obtain the services of any licensed doctor of medicine nor shall such contracts attempt to control the relation existing between any holder or beneficiary of any such contract and his physician. Such corporations shall impose no restriction on the doctors of medicine who treat its subscribers as to the methods of diagnosis or treatment. The private physician-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any doctor of medicine who is a participating physician in the corporation and who agrees to accept a particular beneficiary as a patient.
It is the purpose of this section to make it clear that the creation of the relationship of patient and physician depends upon the mutual assent of both parties. Contracts issued by the corporation to the sub-

1284

JOURNAL OF THE SENATE,

scribers slrall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan.
No provision of this act shall be construed as authorizing the corporate practice of medicine; and such corporations shall not practice medicine. No physician rendering service or called on to render service to a member, beneficiary, or covered dependent shall be construed to be an agent or employee of such corporation and such corporation shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance or malpractice of any physician rendering medical or surgical services to any such member, beneficiary or covered dependent.
SECTION 14. All Licensed Doctors May Participate. That every doctor of medicine licensed to practice in this state and who is reputable and in good standing, shall have the right to become a participating physician in the corporation operating in the county in which he resides or practices, for medical or surgical care, or both, as the case may be, under such terms and conditions as are imposed on other participating physicians under similar circumstances, or as prescribed in this act and approved by the Commissioner.
SECTION 15. Acquisition, Administrative Expenses. That all acquisition and administrative expenses incurred in connection with such corporations shall at all times be subject to the approval of the Commissioner.
The term "administrative expenses" as used in this section shall include all expenditures except payment for subscribers' claims. Claim service expense shall be separately classified and included in administrative expense, unless otherwise ordered by the Commissioner.
SECTION 16. Bond of Treasurer. That the treasurer of such corporation shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the officers of said corporation and all funds collected from the members or subscribers of said corporation shall be deposited to the account of said corporation in a bank, which is a state depository.
SECTION 17. Investments. The funds of such corporation shall be invested only in securities permitted by the laws. of the State of Georgia for the investment of assets of insurance companies.
SECTION 18. Reserves. That every such corporation shall maintain at all times proper reserves, subject to the approval of the Commissioner, for unearned subscription fees and unearned premiums, and for unpaid medical service bills, including provision for unreported and undischarged medical cases and other known liabilities. In addition, a contingency or epidemic reserve shall be accumulated annually at the rate of not less than two and one-half (2.!%) percent. of net premium income.
When such contingency or epidemic reserves equal Seventy-five Thousand ($75,000.00) Dollars or fifty-five (55%) percent. of the annual premium income (whichever is higher), further accumulations may be discontinued for any length of time that they are not required to meet the above requirement.
SECTION 19. Finance Procedure. That said corporations shall not pay any of the funds collected from the members or subscribers to any physician until after said physician shall have rendered the necessary

WEDNESDAY, FEBRUARY 8, 1950

1285

medical or surgical care, or both, as the case may be, to such subscriber or member.
SECTION 20. Regulated by Insurance Commissioner. That such corporations shall be subject to regulation and supervision by the Insurance Commissioner of Georgia; provided, any such corporation shall not be required by any department of this state to post bond or place deposits with any department of this state to begin business or to operate under this act, and the provisions of Title 56 of the Code of Georgia of 1933, as amended, relating to insurance companies or any of them, are hereby declared inapplicable to corporations organized or operated under this act.
SECTION 21. Supervision of Rates. That such corporations shall, before accepting applications for membership in said non-profit medical service plan, submit to the Insurance Commissioner of Georgia a plan of operating and overhead expenses, operation cost, salaries, paid or to be paid during any current year, together with a schedule of its rates or dues to be charged and the amount of medical and surgical service contracted to be rendered; which plan, rates and amount of service shall first be approved by the Insurance Commissioner as fair an.d reasonable before said corporation shall engage in business.
SECTION 22. Approval of Rates. That the Insurance Commissioner shall likewise first approve the rates of payment to be made by said corporations to physicians for the rendering of medical or surgical care, or both, on behalf of said corporation, its members, beneficiaries, and covered dependents, as being reasonable and just.
SECTION 23. Certificate of Authorization, Application. That a corporation subject to the provisions of this act may issue contracts when the Commissioner has authorized it to do so. Every application for such certificate of authorization shall be accompanied by copies of the following documents:
(a) A certified copy of its Charter or Certificate of Incorporation.
(b) A copy of its by-laws, certified by the lawful custodian of the original.
(c) Proposed contracts between the corporation and the participating physicians showing terms under which medical service is to be furnished to subscribers.
(d) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled, showing benefits expressed in service and in dollars. Such contracts shall make clear the responsibility for service to the subscribers rests with the corporation, and not with the participating physicians.
(e) A statement of the county or counties in which it proposes to operate Medical Service Plans.
(f) A statement of its financial condition and business in such form and detail as the Commissioner may require, including the amounts of contributions paid for working capital and the name or names of each contributor, and the terms of such contributions, signed and sworn to by its President and Secretary, or other proper officers. Contributions not paid, but agreed to be paid, may be reported as a separate item, but shall not be admitted as assets of the corporatjon.

1286

JOURNAL OF THE SENATE,
SECTION 24. Issue Certificate of Authorization, When. The Commissioner shall issue a certificate of authorization upon compliance with this act, and other proper requirements of the Commissioner, and upon being satisfied upon the following points:
(a) That all items required to be filed are in proper form and meet the approval of the Commissioner.
(b) That the applicant is established as a bona fide Medical Service Corporation, that the services rendered by such corporation are not an unnecessary duplication of similar services in the community served, are desirable for public necessity and convenience, and that a fair opportunity has been given to all practicing physicians of standing in the area to be served to become participating physicians.
(c) That the solicitation of contracts by the corporation and its conditions or methods of operation are fair and reasonable.
(d) That the rates charged are fair, reasonable, adequate and not unfairly discriminatory; that benefits to be provided are fair, reasonable, and not unfairly discriminatory. That rates may differ between subscribers in recognized groups and individual subscribers not in groups, all subject to the approval of the Commissioner.
(e) That the amount of money actually available for working capital is sufficient to carry all acquisition costs and operating expenses for a period of at least six (6) months from the date of the issuance of the certificate.
(f) That the amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of such Medical Service Corporation, or by the participating physicians. Interest charged therefor, if any, shall not exceed six (6%) percent. and payment of interest, if any, and repayment of such working capital shall be permitted only after provision has been adequately made for operating expenses, payments to participating physicians for medical and surgical services, and the establishment of legal reserves and such other reserves as may be required by the Commissioner.
(g) That a provision has been made in the subscription contract authorizing medical and surgical services by other than participating physicians, in which case money benefits shall be provided, as specified in the subscription contract and approved as fair by the Commissioner. Such certificate of authority issued by the Commissioner to operate a Medical Service Plan or Plans will be limited by the Commissioner to the contracts and practices approved by him.
SECTION 25. Examination of Books and Records. That every such corporation shall keep complete books and records, showing all funds collected and disbursed, and all books and records shall be subject to examination by the Insurance Commissioner annually, the expense of such examination to be borne by said corporation.
SECTION 26. Reports to Insurance Commissioner. That every such corporation shall annually on or before the first day of March file in the office of the Insurance Commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition on the 31st day of December, then next preceding, which statement shall be in such form and shall contain such matters as the Insurance Commissioner shall prescribe.

WEDNESDAY, FEBRUARY 8, 1950

1287

SECTION 27. The certificate of authorization hereinbefore referred to shall be applied for and renewed annually by the Commissioner, except on such application such corporation shall not be required to furnish documents set forth in Section 23 of this act. He shall not renew such certificate, and shall be authorized to revoke an existing one, upon the failure of the corporation to comply with the provisions of this law. Due notice and opportunity to be heard on the question of refusing to renew a certificate of authorization or the revocation of an existing one, shall first be given by the Commissioner.
SECTION 28. Whenever the Commissioner finds, after investigation, that an organizer, solicitor, or agent of such corporation has unfairly or improperly solicited subscription certificates by misrepresenting the terms thereof or has engaged in any other unfair or deceptive practice, or for any reason is incompetent to serve as such organizer, agent, or solicitor, or that his services are not, in fact, needed, he shall order such corporation to dispense with such services.
SECTION 29. Review of Decisions. Any dispute arising within the purview of this act with reference to the regulation and supervision, or either of them, of any such corporation shall, within thirty (30) days after such dispute arises, be submitted by the aggrieved person to the Commissioner for his decision with reference thereto; provided, nothing herein shall authorize or require the Commissioner to determine the contractual rights between the parties interested in any such corporations. After proper notice and hearing, any decision and order of the Commissioner made pursuant to the provisions of this act, shall be binding on the persons involved, unless set aside on review as herein provided. A review of any such decision or order made by the Commissioner may be had in the Superior Court of Fulton County, Georgia, upon a writ of certiorari. Application for such writ shall be made within thirty (30) days of such decision or order.
SECTION 30. Definition as Charitable and Benevolent Institutions. That every corporation subject to the provisions of this act is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes as such charitable and benevolent institutions are now or may hereafter be exempt from taxes. Any and all supervision, liquidation or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation.
SECTION 31. Dissolution. That any dissolution or liquidation of any such corporation subject to the provisions of this Act shall be under the supervision of the Insurance Commissioner. In case of dissolution of any such corporation formed under the provisions of this Act, claims of certificate holders of such corporation shall be given priority over all other claims except cost of liquidation. Any assets remaining after satisfaction of all claims of certificate holders and payment of all costs of liquidation, may be used only to carry out the original purposes for which such corporation was chartered.
SECTION 32. Separability Clause. That if any clause, sentence, paragraph or section of the provisions of this Act be decided by the courts to be unconstitutional or invalid, the same shall not affect the Act as a whole, nor any part thereof, other than the part so decided to be unconstitutional or invalid.
SECTION 33. Repeal of Laws. That all laws and parts of laws in conflict with this Act are hereby repealed.

1288

JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 32, nays 3, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Pittman of the 42nd moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

THURSDAY, FEBRUARY 9, 1950

1289

Senate Chamber, Atlanta, Georgia, Thursday, February 9, 1950

The Senate met pursuant to adjournment this morning at 10 o'clock 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:

Ayers Blalock Boyett Cochran Coleman Daniel Davis Dykes Foster Garrett Harris Harrison

Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Massey McCoy Newton Overby Pilcher

Purdom Rackley Rich Saunders Sims Stark Staten Swint Tarver Turner Wright Zellner

The following Senators did not answer to their names: Ansley, Brooks, Bryant, Clary, Eve, Florence, Gary, Gholston, Grayson, Higginbotham, LeCraw, Peterson, Pittman, Roddenberry, Rowland, Smith, Ursrey, and Williams.
Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with.

Senator Dykes of the 14th moved that the Senate reconsider its action of yesterday on the following bill:
HB 600. By Mr. Twitty of Mitchell: A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners," to provide for the qualifications of the members of said board; and for other purposes.
On the motion to reconsider, the ayes were 17, nays 16, and the motion prevailed.
By unanimous consent, the journal was confirmed.
Senator Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees.

1290

JOURNAL OF THE SENATE,

4. Second reading of bills and resolutions, favorably reported by the committees.
5. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. 7. The right granted to the President to call up any bill on the calendar. The consent was granted.

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to wit:
HB 817. By Messrs. Davis of Dougherty, Twitty of Mitchell, and others: A bill to amend section 24-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters in criminal cases; and for other purposes.
HB 869. By Mr. Gross of Stephens: A bill to amend the General Appropriation Act of 1949, by appropriating an additional one hundred and fifty thousand dollars to be used for farmers markets, operations, etc.; and for other purposes.
HB 975. By Messrs. Abney of Walker, Cook of Chattooga and others: A bill to amend an act approved February 25, 1949, known as the "Voters Registration Act"; and for other purposes.
HB 1037. By Messrs. Hill of Meriwether, Gross of Stephens, and others: A bill to amend the General Appropriations Act, approved February 25, 1949, so as to increase the appropriation provided for the cost of operating the state prison institution system; and for other purposes.
HB 1085. By Messrs. Ray of Warren and Twitty of Mitchell: A bill amending section 15-302, Code of Georgia of 1933, relating to the cession to the United States of exclusive jurisdiction in and over lands acquired by the United States; and for other purposes.
HB 1088. By Messrs. Alverson, Smith and Walton of Fulton, and others: A bill to amend the Code of Georgia of 1933, section 24-3005, pertaining to the contingent expenses of the superior courts and their payment in counties having a population of 70,000 or more; and for other purposes.
HB 1107. By Mr. Hurst of Quitman: A bill to extend the jurisdiction of the Court of Ordinary of the County of Quitman; and for other purposes.
HB 1115. By Messrs. Nightingale and Gowen of Glynn: A bill to amend an act to create a board of commissioners of roads and revenue for Glynn County; and for other purposes.
HB 1116. By Messrs. Duncan and Alexander of Carroll:. A bill to amend an act establishing a new charter for the City of Carrollton approved September 9, 1891; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1291

HB 1117. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act entitled, "Carrollton ad valorem tax rate," so as to limit the ad valorem tax on all real and personal property; and for other purposes.

HB 1119. By Messrs. McGee and Hood of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; repealing all laws in conflict herewith; and for other purposes.

HR 135-814e. By Mr. Cagle of Pickens:
A resolution to authorize the State Highway Department of Georgia to reimburse Pickens County in the amount of $28,173.28 for amount expended by said county on State Aid Project No. 1160; and for other purposes.
HR 150-878d. By Messrs. Langdale and Mathis of Lowndes: A resolution to provide for the payment of damages incurred by J. N. Bray Company for the loss of a mule killed by car operated by a state patrolman; and for other purposes.
HR 198-1042f. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A resolution authorizing the Governor to trade certain lands owned by the State of Georgia in Rabun, Towns and Lumpkin counties to the Federal government; and for other purposes.
SB 221. By Senator Rich of the 8th:
A bill to amend the charter of the City of Bainbridge; to provide for retirement benefit system and plan for city employees; and for other purposes.

The House has disagreed to Senate amendment to the following bill of the House, to wit:
HB 458. By Messrs. Gowen of Glynn, Reed of Cobb, and others: A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; and for other purposes.

The House has agreed to Senate amendments to the following bills of the House, to wit:
HB 750. By Mr. Kemp of Clayton: A bill to create and incorporate the City of Lake Tara in the County of Clayton; and for other purposes.

1292

JOURNAL OF THE SENATE,

HB 794. By Messrs. Ellis and Vickers of Coffee:

A bill to amend the charter of the City of Douglas, to provide and empower the City of Douglas to grant pensions to city employees and their dependents; and for other purposes.

The House has adopted the conference committee report to the following bill of the House, to wit:
HB 176. By Messrs. Alverson and Walton of Fulton: A bill to amend an act creating the Civil Court of Fulton County; and for other purposes.

The following bills and resolutions of the House were read the first time and referred to the committees:
HB 817. By Messrs. Davis of Dougherty, Twitty of Mitchell, and others: A bill to amend section 24-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters in criminal cases; and for other purposes.
Referred to the Committee on General Judiciary.
HB 869. By Mr. Gross of Stephens: A bill to amend the General Appropriations Act of 1949, by appropriating an additional one hundred and fifty thousand dollars to be used for farmers markets, operations, etc.; and for other purposes.
Referred to the Committee on Appropriations.
HB 975. By Messrs. Abney of Walker, Cook of Chattooga, and others: A bill to amend an act approved February 25, 1949, known as the "Voters Registration Act"; and for other purposes.
Referred to the Committee on State of the Republic.
HB 1037. By Messrs. Hill of Meriwether, Gross of Stephens, and others: A bill to amend the General Appropriations Act, approved February 25, 1949, so as to increase the appropriation provided for the cost of operating the state prison institution system; and for other purposes.
Referred to the Committee on Appropriations.
HB 1085. By Messrs. Ray of Warren and Twitty of Mitchell: A bill amending section 15-302, Code of Georgia of 1933, relating to the cession to the United States of exclusive jurisdiction in and over lands acquired by the United States; and for other purposes.
Referred to the Committee on Special Judiciaey.

THURSDAY, FEBRUARY 9, 1950

1293

HB 1088. By Messrs. Alverson, Smith and Walton of Fulton, and others:
A bill to amend the Code of Georgia of 1933, section 24-3005, pertaining to the contingent expenses of the superior courts and their payment in counties having a population of 70,000 or more; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1107. By Mr. Hurst of Quitman:
A bill to extend the jurisdiction of the Court of Ordinary of the County of Quitman; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1115. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act to create a board of commissioners of roads and revenue for Glynn County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1116. By Messrs. Duncan and Alexander of Carroll: A bill to amend an act establishing a new charter for the City of Carrollton approved September 9, 1891; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1117. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act entitled "Carrollton, ad valorem tax rate," so as to limit the ad valorem tax on all real and personal property; and for other purposes.
Referred to the Committee on Municipal Government.

HB 1119. By Messrs. McGee and Hood of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; repealing all laws in conflict therewith; and for other purposes.
Referred to the Committee on Municipal Government.

HR 135. By Mr. Cagle of Pickens:
A resolution to authorize the State Highway Department of Georgia to reimburse Pickens County in the amount of $28,173.28 for amount expended by said county of State Aid Project No. 1160; and for other purposes.
Referred to the Committee on State of the Republic.

HR 150. By Messrs. Langdale and Mathis of Lowndes:
A resolution to provide for the payment of damages incurred by J. N. Bray Company for the loss of a mule killed by car operated by a state patrolman; and for other purposes.
Referred to the Committee on Appropriations.

1294

JOURNAL OF THE SENATE,

HR 198. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A resolution authorizing the Governor to trade certain lands owned by the State of Georgia in Rabun, Towns and Lumpkin counties to the Federal government; and for other purposes.
Referred to the Committee on Conservation.

Mr. Turner of the 34th District, 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 House and Senate and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
SB 230. Do Not Pass. SB 226. Do Pass. SB 214. Do Not Pass. HB 466. Do Pass. HB 781. Do Pass. HB 965. Do Pass. HB 1036. Do Pass. HB 992. Do Not Pass. HB 868. Do Pass. HB 327. Do Pass. HB 1041. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman

Mr. Swint of the 26th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 695. Do Pass. Respectfully submitted,
Swint of 26th District,
Chairman

THURSDAY, FEBRUARY 9, 1950

1295

Mr. Smith of the 37th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HB 191. Do Pass.
Respectfully submitted,
Smith of 37th District,
Chairman

Mr. Pittman of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary 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 801. Do Pass. HB 931. Do Pass.
Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Overby of the 33rd 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 and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:
HR 206. Do Pass. HB 1078. Do Pass. HR 175. Do Pass. HR 128. Do Pass. HB 907. Do Pass.
Respectfully submitted, Overby of 33rd District, Chairman

1296

JOURNAL OF THE SENATE,

Mr. Brooks of the 50th District, chairman of the Committee on University System of Georgia, submitted the following report:

Mr. President:
Your Committee on University System of Georgia 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 961. Do Pass.
Respectfully submitted,
Brooks of 50th District,
Chairman

Senator Housley of the 32nd 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 243. SB 244. SB 242. SB 241.
Respectfully submitted, Housley of 32nd District,
Chairman

The following bills and resolutions of the Senate and House, favorably reported by the committees, were read the second time :
SB 226. By Senator Turner of the 34th:
A bill relating to insurers not authorized to transact business in this state providing for actions in this state against and for the service of process upon such insurers; prescribing how a defense may be made by such insurers; and providing for the allowance of attorneys' fees in actions against such insurers; and for other purposes.
HB 327. By Messrs. Willis of Thomas, Buie of Camden, and others:
A bill to amend section 56-1102 of the Georgia Code of 1933 relating to fidelity insurance bonds to provide for proof of agent's authority to execute the bond; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1297

HB 466. By Mr. Reed of Cobb:
A bill to regulate insurance written in connection with contracts secured by title to or liens on motor vehicles; and for other purposes.

HB 695. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act relating to the definition of "employer" for the purpose of the Workmen's Compensation Act; and for other purposes.
HB 781. By Mr. Davis of Bartow:
A bill to provide that no insurance company doing business in this state and issuing policies insurance in this state covering either personal or real property, shall be permitted to refuse or avoid payment upon losses under any such policies upon the ground that such property was subject to any bailment lease, conditional sales contract, deed to secure debt, mortgage or other encumbrance; and for other purposes.

HB 191. By Messrs. Howard of DeKalb, Meeks of Union, Walton of Fulton, Langdale of Lowndes, and Greer of Lanier:
A bill to reorganize the State Department of Law; and for other purposes.

HB 801. By Mr. Willingham of Cobb:
A bill to amend section 59-105 of the Georgia Code of 1933 relating to the compensation to be paid jury commissioners; and for other purposes.

HB 868. By Mr. Twitty of Mitchell:
A bill authorizing the counties, county boards of public instruction and others to deduct from the salaries and wages of their respective emplayees, and remit the same periodically to insurance companies in consideration of insurance to be furnished to said employees upon group basis; and for other purposes.
HB 907. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to create the position of associate commissioner; to provide for the eligibility of persons for appointment to such positions; and for other purposes.
HB 931. By Messrs. Murr of Sumter, Matthews of Clarke, and others:
A bill to amend an act to define reckless driving, and to prohibit the same; and for other purposes.
HB 965. By Messrs. Smith of Fulton and Smith of Emanuel:
A bill to authorize the withholding of portions of the salary or compensation of employees of the state and others for the purchase of United States savings bonds; and for other purposes.

1298

JOURNAL OF THE SENATE,

HB 961. By Messrs. Gillis of Treutlen, Hall of Toombs, and others:
A bill to provide for the granting by the director of the State Parks Departments to the Board of Regents certain property in the Hard Labor Creek State Park located in Morgan and Walton counties; and for other purposes.

HB 1036. By Messrs. Covington of Floyd, Gross of Stephens, and others:
A bill to amend section 56-1413 of the Code of Georgia of insurance companies to make contracts of insurance of reinsurance; and for other purposes.

HB 1041. By Messrs. Willis and Chastain of Thomas:
A bill relating to insurers not authorized to transact business in this state; providing for actions in this state against and for the service of process upon such insurers; and for other purposes.

HB 1078. By Messrs. Ellis of Coffee, Henderson of Atkinson, and others:
A bill to create a division of the office of Secretary of State to be known as the Georgia State Museum; and for other purposes.

HR 175. By Messrs. Hood, McGee and Page of Chatham:
A resolution in regard to speed traps between the Savannah river and the St. Mary's river on the coastal highway known as U. S. 17; and for other purposes.

HR 128. By Mr. Pannell of Murray:
A resolution to provide for printing of official and statistical register of the state for the years 1944 to date; and for other purposes.

HR 206. By Messrs. Boone of Wilkinson, Malone of Laurens, and others:
A resolution memorializing the Georgia delegation in Congress to seek the passage of proper legislation honoring the commemorating the Honorable Dudley Mays Hughes by having his name inscribed upon certain United States postage stamps; and for other purposes.

The following local bills and resolutions of the Senate and House were read the third time and put upon their passage:
SB 241. By Senator Eve of the 18th
A bill to amend the charter of the City of Augusta by repealing certain acts establishing the office of commissioner of public safety; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 9, 1950

1299

SB 242. By Senator Eve of the 18th:

A bill to amend the charter of the City of Augusta so as to abolish the office of the commissioner of public safety and to delegate the powers vested in that office to the civil service commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 243. By Senator Eve of the 18th :
A bill to provide for absentee voting in municipal elections to establish a voter's list for use in the City of Augusta; to provide a method of challenging voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 244. By Senator Eve of the 18th:
A bill to exempt any municipal corporation having population of 65,000 and 75,000 from provisions of section 92-7601 of Code of Georgia of 1933, so as to authorize lower rate of interest on assessment for streets and sewers ; and for other purposes.
The report of the committee, which was favorable to the passage of the .bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 368. By Messrs. Covington, Scoggins and Moulton of Floyd:
A bill to abolish the office of tax receiver and tax collector, and to create in lieu of the same the office of the county tax commissioner of Floyd County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1052. By Messrs. McGee, Hood and Page of Chatham:
A bill to authorize and empower the commissioners of Chatham County and ex-officio judges thereof, to create a pension board; and for other purposes.

1300

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 895. By Mr. Bell of Elbert:
A bill to amend an act to establish the City Court of Elberton in Elbert County; to define its jurisdiction and powers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1038. By Messrs. Johnson and Barton of Hall:
A bill to amend Georgia Laws 1949, page 788, being an act entitled an act to authorize additional election precincts in a single militia district of Hall County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 936. By Mrs. Blitch of Clinch:
A bill to amend the act creating the charter for the City of Homerville so as to authorize the city council of Homerville to levy and collect taxes not to exceed twenty mills; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 971. By Mr. Tuten of Bacon: A bill to amend an act to create a new charter for the Town of Alma in Bacon County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 995. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, section 88-203 pertaining to authority of county boards of health in counties with certain population; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1301

The report 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 980. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton, and all acts amendatory thereof, by authorizing the mayor and council, to elect or appoint a recorder for the City of Eatonton; and for other purposes.
The report 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 970. By Mr. Tuten of Bacon:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Bacon, and to provide for the election of members thereof, to define their duties and powers and prescribe their qualifications; and for other purposes. The report 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 954. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to provide for the scientific appraisal of all taxable property in Atlanta and Fulton County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 991. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1302

JOURNAL OF THE SENATE,

HB 938. By Mrs. Blitch of Clinch: A bill to amend the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1086. By Messrs. Pickard, Dicus and Hollis of Muscogee: A bill to amend an act to establish a city court in the City of Columbus, for Muscogee County, and to provide for the appointment 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 976. By Messrs. Abney and Campbell of Walker: A bill to require condidates in primary elections for members of the General Assembly in all counties with a population of not less than 31,000 and not more than 31,030, according to the census of 1940, to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes.
The report 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 1014. By Mr. McCracken of Jefferson: A bill to amend an act entitled "An act to consolidate, amend and supersede the several acts incorporating the Town of Louisville, in the County of Jefferson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1043. By Mr. McGarity of Henry: A bill to amend an act known as "amending charter of McDonough" and acts amendatory thereof, by amending the charter of the Town of McDonough in the County of Henry, to extend the corporate limits of the said City of McDonough; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 9, 1950

1303

On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1046. By Messrs. Bell and Cohen of Richmond:
A bill to amend an act Georgia Laws 1947 page 70 so as to arrange the registration list of Richmond County, Georgia, alphabetical by names instead of alphabetical by streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 978. By Mr. Griffith of Putnam:
A bill to amend the charter of the City of Eatonton and all acts amendatory thereof, by repealing sub-section (4) section 28, providing for a board of tax assessors to be elected by the people; and for other purposes.
The report 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 982. By Mr. Cook of Chattooga: A bill to amend an act approved March 10, 1941, Georgia Laws 1941, page 621-634 entitled an act to establish the City Court 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 940. By Mr. Page of Chatham: A bill to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, Georgia, so as to extend the 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1061. By Mr. Wilkes of Cook: A bill to incorporate the City of Adel; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1304

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1047. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to amend the charter 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1102. By Messrs. Johnson and Barton of Hall:
A bill to authorize the board of commissioners of roads and revenues to create and establish restricted zones or districts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1001. By Messrs. Robertson and Hill of Meriwether:
A bill to amend an act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester; and for other purposes.
The report 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 1058. By Mr. Best of Clay:
A bill to repeal an act entitled "An act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton, in the County of Clay"; and for other purposes.
The report 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 887. By Mr. Holloway of Schley:
A bill to amend an act approved August 21, 1906 (Georgia Laws 1906, page 233), which act established a city court of Ellaville, by providing that the judge shall be a resident of the State of Georgia; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1305

The report 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 1090. By Messrs. Galloway and Vickers of Colquitt:
A bill to amend an act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt, to fix the terms of the mayor and council 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 927. By Mr. Swindle of Berrien: A bill to amend the charter of the Town of Alapaha, Berrien Cou~ty, Georgia, to empower the mayor and aldermen to levy one per cent ad valorem taxes on the property in said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Oyt the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1021. By Mr. McCracken of Jefferson:
A bill to create and establish a new charter for the Town of Bartow, to declare the rights, powers and privileges of said 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1023. By Messrs. Hand and Twitty of Mitchell:
A bill to amend the charter of the City of Pelham, to authorize the mayor and council of said city to create the office of recorder for said City of Pelham; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1306

JOURNAL OF THE SENATE,

HB 1007. By Mr. Miller of Miller:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 930. By Messrs. Alexander and Duncan of Carroll:
A bill to amend the act approved November 13, 1901, creating and adopting a new charter for the Town of Temple, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 900. By Messrs. Harper and Bolton of Spalding:
A bill to amend an act entitled "An act to revise and consolidate the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1003. By Mr. Dunn of Seminole: . A bill to amend an act approved August 26, 1931, amending the charter of the City of Donalsonville, Seminole County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 979. By Mr. Griffith of Putnam: A bill to repeal section 11 of an act approved August 12, 1921, creating a new board of commissioners for the County of Putnam; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 9, 1950

1307

HB 986. By Mr. Cagle of Cherokee:
A bill to amend an act of the General Assembly of Georgia, approved July 25, 1922, amending an act of July 29, 1919, and the act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 956. By Mr. Jones of Lumpkin: A bill to amend an act consolidating the offices of tax receiver and tax collector of Lumpkin County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1009. By Messrs. Pickard, Dicus and Hollis of Muscogee: A bill to amend an act entitled "An act to create the board of commissioners of roads and revenues of the County of Muscogee" so as to provide for holding regular and called sessions; and for other purposes.
The report 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 966. By Messrs. Robertson and Hill of Meriwether: A bill to amend the act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester; and for other purposes.
The report 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 1059. By Mr. Baggett of Grady: A bill to amend an act entitled "An act to establish the City Court of Cairo, in and for the County of Grady; and for other purposes.
The report 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.

1308

JOURNAL OF THE SENATE,

HB 945. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 952. By Messrs. Bolton and Harper of Spalding:
A bill to repeal an act approved December 20, 1897; to incorporate the City of Sunny Side; and for other purposes.
The report 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 941. By Messrs. Page and McGee of Chatham: A bill to amend the several acts relating to and incorporating the Town of Thunderbolt, in Chatham County, particularly with respect to certain land 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 990. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949, to regulate salaries of the judge, clerks, deputies clerk, sheriff and deputy sheriffs of the municipal court, 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1008. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1915, which was a bill creating the municipal court of Columbus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 9, 1950

1309

HB 1024. By Messrs. Langdale 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 985. By Messrs. Davis and Durden of Dougherty:
A bill to amend the act of 1949, page 1622 entitled an act to provide for the regulation of the installation of warm air equipment; and for other purposes.
The report 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 942. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act abolishing the justice of peace courts and the establishment of the Municipal Court of Atlanta as heretofore amended, to provide for the increase in 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 953. By Messrs. Alverson, Smith and Walton of Fulton:
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; to provide "employees of the city" shall include retired officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 987. By Messrs. Calloway and Vickers of Colquitt:
A bill to incorporate the Town of Berlin, in the County of Colquitt, State of Georgia, and to grant certain power and privileges to said town; to create 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1310

JOURNAL OF THE SENATE,

HB 1031. By Mr. Pannell of Murray: A bill to amend the act creating the board of roads and revenues of Murray County, so as to increase the salary of the clerk of said board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1000. By Messrs. Vandiver, Miller and Trice 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; to amend section 2 of said act by adding thereof description of new territory to become a part 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1057. By Mr. Smith of Haralson: A bill to amend an act setting up the salary of the treasurer of Haralson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1006. By Mr. Miller of Miller:
A bill to amend an act approved March 2, 1935, establishing a city court in and for the County of Miller; changing the method of compensating the solicitor of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1062. By Mr. Wilkes of Cook:
A bill to repeal an act approved December 20, 1899, entitled "An act to establish a new charter for the Town of Sparks, County of Berrien, and all amendments thereto, so as to repeal the charter of the Town of Sparta ; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 9, 1950

1311

HB 948. By Mr. Boone of Wilkinson:
A bill to incorporate the Town of Ivey in Wilkinson 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 1012. By Mr. Lockett of Randolph:
A bill to create a method of election of a mayor and council in and for the Town of Shellman; and for other purposes.
The report 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 996. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend the Code of Georgia of 1933, section 88-205 to provide that in all counties with certain population, the publishing of rules of said counties shall be prima facie evidence for such posting; and for other purposes.
The report 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 946. By Mr. Whitworth of Madison:
A bill to amend, consolidate and supersede the several acts incorporating the City of Colbert of the County of Madison; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 944. By Messrs. Alverson, Walton and Smith of Fulton:
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1312

JOURNAL OF THE SENATE,

HB 928. By Mr. Summerour of Dawson:
A bill to provide in counties in the State of Georgia having a population of not less than four thousand and more than five thousand according to the Federal census of 1940, and any future census, that the clerk of the superior court shall attend the trial of the court of ordinary of all cases for violation of all traffic laws 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 943. By Messrs. Alverson, Smith and Walton of Fulton: A bill to amend the Code of Georgia of 1933, section 21-105, so as to fix the salary of the coroners in all counties of 300,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 999. By Messrs. Langdale and Mathis of Lowndes: A bill to amend the charter of the City of Valdosta; to alter, extend and redefine the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1002. By Messrs. Alverson and Walton of Fulton: A bill to amend an act establishing a local government commission in Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1017. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908 approved August 17, 1908, creating a charter for the Town of Chamblee; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 9, 1950

1313

HB 983. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874; and for other purposes.
The report 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 1010. By Messrs. Adams and McKelvey of Polk:
A bill to amend an act of the General Assembly of Georgia, establishing the City Court of Polk County, in the City of Cedartown; and for other purposes.
The report 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 1092. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved March 20, 1943, entitled "An act to create and establish for DeKalb County a DeKalb County water works advisory board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1053. By Messrs. Salter and Freeman of Upson:
A bill to increase the compensation of the chairman of the board of commissioners of roads and revenues of Upson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 988. By Mr. Cagle of Pickens:
A bill to amend the act creating the office of tax commissioner of Pickens 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.

1314

JOURNAL OF THE SENATE,

HB 1060. By Mr. Wilkes of Cook: A bill to repeal an act approved July 29, 1919, entitled an act to incorporate the City of Adel and all amendments thereto, so as to repeal the charter of 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1099. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to repeal the law requiring a late primary for county officers in counties having a population of 200,000 or more; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:

A BILL
To be entitled an act to provide the time at which primary elections for nominating candidates for county offices shall be held in counties in this state having a population of 200,000 or more according to the last or any future United States census; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. This Act shall apply to all of the counties in this State having a population of 200,000 or more according to the last or any future United States census.
Section 2. Whenever any political party shall hold a primary election in any of said counties to nominate candidates for county offices who are to run in a regular or general election, such party or its authority shall cause all candidates for its nominations for county offices to be voted on at such time as may be fixed by the county executive committee of such party; provided said executive committee shall not fix the date for such county primary to nominate candidates for county offices earlier than September 1st nor later than October 31st of any year after 1950.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1011. By Messrs. Willingham and Reed of Cobb:
A bill to amend, consolidate and supersede the several acts amendatory, incorporating the City of Kennesaw, and to create a new charter of said corporation; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1315

The Committee on Municipal Government offered the following amendment:
Amend HB 1011 by striking section 2 thereof in its entirety and inserting in lieu thereof a new section 2, to read as follows :
"Section 2. Corporate Limits. Be it further enacted, that the corporate limits of the City of Kennesaw shall extend one half mile from the center of the present depot of the Western & Atlantic railroad in said city, said distance to be in a radius from the center of the said depot of the Western & Atlantic railroad in said city."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 740. By Mr. Risner of Hart:
A bill to amend an act of the Georgia Legislature of 1946, entitled "An act to create the office of commissioners of roads and bridges and a board of finance consisting of three members in and for Hart County"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 972. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to provide an increase in the salaries of the judges and solicitor general of said court; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend HB 972 by striking from section one (1) of said act the following words and figures, "the annual salary of the judges of said court shall be the sum of twelve thousand ($12,000.00) dollars each," and inserting in lieu thereof the following words and figures, "the annual salary of the judges of said court shall be fixed by the commissioners of roads and revenues of Fulton County at not less than ten thousand ($10,000.00) dollars nor more than twelve thousand ($12,000.00) dollars." And by striking from said section the following words and figures, "the annual salary of the solicitor general of said court shall be the sum of twelve thous and ($12,000.00) dollars," and inserting in lieu thereof the following words and figures, "the annual salary of the solicitor general of said court shall be fixed by the commissioners of roads and revenues of Fulton County at not less than ten thousand ($10,000.00) dollars nor more than twelve thousand ($12,000.00) dollars."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

1316

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 809. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to delegate to and to authorize and empower the commissioner of roads and revenue of Muscogee County to increase or decrease the salaries of the clerk of the Superior Court of Muscogee County; and for other purposes.

Senator Land of the 24th offered the following amendment:
Amend HB 809 by adding thereto the following new section:
Section 5. An affidavit that notice of the intention to introduce this bill has been published as required by law is attached hereto and made a part hereof"
and by attaching thereto the attached affidavit and notice.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 929. By Mr. Summerour of Dawson:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Dawson; and for other purposes.
The Committee on Counties and County Matters offered the following amendment:
Amend HB 929 by adding a new section to be numbered section 2 and to read as follows :
A referendum shall be held at the time :fixed by the State Democratic Executive Committee for the election of Governor and other state officers, and this proposed act shall be submitted to the qualified voters of Dawson County for ratification or rejection of said proposed act.
Further amend that the present section 2 be numbered section 3.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 9, 1950

1317

HB 1004. By Mr. Witherington of Echols:
A bill to amend an act of the Georgia Legislature of 1945 entitled "An act to provide for the division of Echols County into three commissioner's districts; and for other purposes.
The Committee on Counties and County Matters offered the following amendment:
Amend HB 1004 by inserting in the caption thereof, before the words "and for otller purposes" the words, "to provide for a referendum," and by
Striking the figure "1950" from section 2, and substituting in lieu thereof the figure "1951," and by
Adding a new section which shall be known as section 9, which shall read as follows :
"Section 9. That before this act shall become effective, it shall be presented to the qualified voters of Echols County for approval or rejection. It shall be the duty of the Ordinary of Echols County to issue the call for such election not less than thirty nor more than sixty days from the date of the approval of this act, and the date of such election shall be the same date as that fixed by the State Democratic Executive Committee for the Democratic primary election of 1950. Those persons desiring to vote for the approval of this act shall have printed on their ballots the words "For approval of the act dividing Echols County into three commissioner's districts." Those persons desiring to vote against the approval of this act shall have printed on their ballots the words "Against approval of the act dividing Echols County into three commissioner's districts." If a majority of those persons voting in said election shall vote for the approval of this act, then it shall become of full force and effect. If a majority of those persons voting in said election shall vote against the approval of this act, then it shall be of no force and effect and shall be null and void. It shall be the duty of the Ordinary of Echols County to hold said election, to consolidate the returns thereof, and to declare the results thereof."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1082. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta and the several acts amendatory thereof, to provide for the extension of the city limits; and for other purposes.

Senator LeCraw of the 52nd offered the following amendment:
Amend HB 1082 by striking therefrom section 2 in its entirety and substituting in lieu thereof the following, to be known as section 2:

1818

JOURNAL OF THE SENATE,

"Section 2. 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 line between land lots 57 and 72 of the Fourteenth District of Fulton County, said point being 150 feet south of the south side of Brown Avenue and, also, being a corner of the present corporate limits of the City of Atlanta; thence, south along the said line between land lots 57 and 72 of the Fourteenth District of Fulton County to the north side of Claire Drive; thence, westwardly and northwestwardly along the north side of Claire Drive to the east side of Pryor Road; thence, north along the east side of Pryor Road to the south line of the right-of-way of the Atlanta and West Point Railroad Company, same being the present corporate limits of the City of Atlanta; thence easterly and southerly, following said corporate limits of the City of Atlanta to the point of beginning."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 955. By Mr. Summerour of Dawson:
A bill to repeal an act which abolished the office of county treasurer of Dawson County; and for other purposes.

Senator Housley of the 32nd offered the following amendment:
Amend HB 955 by adding a new section to be numbered section 2 and read as follows :
A referendum shall be held at the time fixed by the State Democratic Executive Committee for the election of Governor, and other state officers, and this proposed act shall be submitted to the qualified voters of Dawson County for ratification or rejection of said proposed act.
Further amend that the present section 2 be renumbered section 3.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1032. By Mr. Summerour of Dawson:
A bill to amend section 1 of an act approved February 25, 1949, providing for the terms of the Superior Court of Dawson County; and for other purposes.

THURSDAY, FEBRUARY 9, 1950

1319

Senator Housley of the 32nd offered the following amendment:
Amend HB 1032 by adding a new section to be numbered section 2 and
to read as follows :
A referendum shall be held at the time fixed by the State Democratic Executive Committee for the election of Governor, and other State Officers, and this proposed act shall be submitted to the qualified voters of Dawson County for ratification of said proposed act.
Further amend that the present section 2 be renumbered section 3.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

Senator Foster of the 40th moved that the Senate reconsider its action on the passage of the following bill of the House:
HB 740. By Mr. Risner of Hart:
A bill to amend an act entitled "an act to create the officer of commis-
sioner of roads and revenues and bridges and a board of finance, consisting of three members in and for Hart County; and for other purposes.
On the motion to reconsider the ayes were 30, nays 0, and the motion prevailed.

The following resolution of the House was read and adopted:
HB 221. By Messrs. Hand and Twitty of Mitchell, Gross of Stephens, Smith of Emanuel and Ray of Warren: A resolution, the Senate concurring, that the General Assembly convene in joint session in the halls of the House of Representatives February 11, 1950 at 11:15 for the purpose of hearing a message from His Excellency, the Governor.
Senator Staten of the 6th moved that the Senate reconsider its action on the passage of the following bill of the House:
HB 999. By Messrs. Langdale and Harris of Lowndes: A bill to amend the charter of the City of Valdosta, to alter, extend and redefine the corporate limits of said city; and for other purposes.
On the motion to reconsider the ayes were 28, nays 0, and the motion prevailed.
The following general bills of the Senate and House were read the third time and put upon their passage:
HB 360. By Mr. Miller of Bibb: A bill to amend an act amending, revising and perfecting the corporation laws of this state; and for other purposes.

1320

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.

HR 168. By Messrs. Davis and Jenkins of Bartow, Moulton, Scoggins and Covington of Floyd.
A resolution, that the Department of Parks be authorized and directed to negotiate with the Federal Government for the leasing of Allatoona Dam; 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.

HB 934. By Messrs. Davis of Bartow, Jenkins of Bartow, Moulton and Covington and Scoggin of Floyd, and many others :
A bill to amend the General Appropriations Act, so as to appropriate an additional $25,000.00 to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona Dam recreational area; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Clary Cochran Coleman Daniel Dykes

Gary Harrison Housley Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey

Eve Florence Foster Garrett

McCoy Newton Overby Pilcher

Pittman Purdom Rackley Rich Rowland Saunders Stark Staten Swint Tarver Turner Ursrey Wright Zellner

By unanimous consent, the roll call was dispensed with.

On the passage of the bill, the ayes were 42, nays 0.

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

THURSDAY, FEBRUARY 9, 1950

1321

HB 886. By Mr. Twitty of Mitchell:
A bill to further regulate the sales and delivery of malt beverages, to provide for penalties for violation of this fact; and for other purposes.
The report 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.

HB 167. By Mr. Risner of Hart:
A bill to amend an act relating to the State Supervisor of Purchases with heads of the several departments, to fix the amount or rate per mile to be paid to officers, officials or employees of the various departments; and for other purposes.

Senator Pilcher of the 19th offered the following amendment:
Amend HB 167 by striking the words and figure eight cents wherever the same appears and substituting in lieu thereof the words and figures seven and one half cents (7'h c) .
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 37, nays 0.
The bill, having received the requisite constitutional maJority, was passed as amended.
Senator Zellner of the 22nd asked unanimous consent that HB 167 be immediately transmitted to the House and the consent was granted.

HB 760. By Mr. Alverson of Fulton:
A bill to allow any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 923. By Mr. Mangum of Columbia and others:
A bill to authorize and direct the state treasurer to pay to the counties of Columbia and Lincoln and such other counties as may hereafter become entitled, certain funds due same, or hereafter may become due them, paid or hereafter to be paid the treasury of this state by the treasury of the United States, arising from the Flood Control Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1322

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ansley Ayers Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Harris Higginbotham

Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Massey McCoy Newton Overby
Peterson Pilcher Pittman

Purdom Rackley Rich Rowland Saunders Sims Stark Swint Turner Ursrey Wright Zellner

By unanimous consent, the roll call was dispensed with.

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

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

HB 878. By Messrs. Ray of Warren, Smith of Emanuel and Campbell of Oconee:
A bill to amend an act known as the General Appropriations Act, by increasing the appropriation for the cost of operating the Milk Control Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Ansley Blalock Boyett Clary Cochran Coleman Daniel Davis Dykes Eve Florence Foster Garrett Gary
Grayson

Harris Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton Lunsford Mason Massey Newton Overby
Peterson Pilcher

Senator LeCraw voted in the negative.

Pittman Purdom Rackley Rich Rowland Saunders Sims Stark Swint Tarver Ursrey Wright Zellner

THURSDAY, FEBRUARY 9, 1950

1323

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

On the passage of the bill, the ayes were 43, nays 1.

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

At this time the Senate suspended the regular order of business to hear an address by Dr. Billy Graham, world famous evangelist.

The Senate resumed the regular order of business.

The following bill was taken up for the purpose of considering Senate amendments thereto:
HB 458. By Messrs. Gowen of Glynn, Reed of Cobb, Alverson of Fulton, Twitty of Mitchell and Ray of Warren:
A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; to authorize the justices regulations in effectuating the purposes hereof; and for other purposes.
Senator Pilcher of the 19th moved that the Senate insist on its amendment and asked that a committee of conference be appointed.
The motion prevailed and the president appointed as a committee on conference on the part of the Senate: Senators Eve of the 18th, Grayson of the 1st and Overby of the 33rd.

HB 935. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to amend an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
The report 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 482. By Messrs. Gross of Stephens, Holloway of Schley and others: A bill to promote the live stock industry in Georgia; and for other purposes.
Senator Dykes of the 14th offered the following amendment: Amend HB 482 by adding a new section to be appropriately numbered as follows:

1324

JOURNAL OF THE SENATE,

"Section --. Nothing contained in this act shall be construed to repeal, or in any wise affect, the act approved February 24, 1939 (Ga. Laws 1939, page 327) entitled "An act to prevent the spread of Hog Cholera, to prescribe the method of purchase, distribution and administering of hog cholera serum and virus in this state, and for other purposes", or the right of any person qualified under said Act of 1939 to do anything authorized by said act. Nor shall this act be construed to affect the right of a farmer to treat his own livestock, or to purchase virus and serum for said purposes".

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 Land of the 24th asked unanimous consent that HB 482 be immediately transmitted to the House, and the consent was granted.

HB 1026. By Mr. McCracken of Jefferson:
A bill to amend an act dealing with the regulation by the Georgia Public Service Commission of common carriers; and for other purposes.
Senator LeCraw of the 52nd offered the following amendment: Be and the same is hereby amended by adding the words "or authority" after the word "certificate" in line 7 under the caption of said bill; also by adding the words "or authority" after the word "certificate" wherever the word "certificate" appears in Section 1 of said bill.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 84. By Senator Land of the 51st: A resolution to reimburse the Rev. J. F. Cluney for damages to his automobile which was forcibly taken by six escaped convicts; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, FEBRUARY 9, 1950

1325

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

Those voting in the affinnative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Cochran Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton Mason Massey McCoy Newton Overby Peterson

Pilcher Pittman Rackley Roddenberry Rowland Saunders Stark Staten Swint Tarver Turner Ursrey Wright Zellner

Senator Brooks voted in the negative.

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

On the adoption of the resolution, the ayes were 42, nays 1.

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

Senator Land of the 51st asked unanimous consent that SR 84 be immediately transmitted to the House, and the consent was granted.

HB 898. By Mr. Stevens of Marion and others:
A bill governing the size or weight content of fertilizer bags or containers and prescribe the methods evidence tax payment on fertilizer; and for other purposes.
The report 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 977. By Messrs. Aycock of Jenkins and Walton of Fulton:
A bill to amend an act creating Senatorial Districts, by providing for furnishing of Senators from all districts which are composed of two 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1326

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Boone, the clerk therl!of:

Mr. President:
The Speaker has appointed as a committee of conference on HB 458, on the part of the House, the following members of the House, to wit: Messrs. Davis of Bartow, Gowen of Glynn and Myers of Sumter.

SB 208. By Senator Land of the 51st:
A bill to amend the adoption laws of the state so as to grant discretion to the court in requiring consent of a child over 14 years of age; and for other purposes.
The Committee on General Judiciary offered the following amendment:
By striking subsection one of section I and substituting in lieu the following to be known as subsection one of section I :
"Except as otherwise specified in this section, no adoption shall be permitted except with the written consent of the living parents of a minor child except when:
(a) such parent or parents have been legally adjudged insane;
(b) such parent or parents have lost legal custody or control of such minor child;
(c) such parent or parents cannot be located after diligent efforts are made and this shown to and approved by the court;
"In the case of a minor child fourteen (14) years of age, or over, the consent of the child may, in the sound discretion of the court, be required, and when required by the court, the consent must be given in writing in the presence of the court, and the written consent then shall become a portion of the original records in the adoption proceedings."
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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Purdom of the 46th asked unanimous consent that SB 208 be immediately transmitted to the House, and the consent was granted.

HB 303. By Mr. Hale of Dade:
A bill to repeal Section 53-504 of the 1933 Code of Georgia relating to contracts of sale by a wife of her separate estate to her husband or trustee; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.

THURSDAY, FEBRUARY 9, 1950

1327

On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed.

RR 147. By Messrs. Chastain and Willis of Thomas:
A resolution concerning reconveyance by State of Georgia to the City of Thomasville and County of Thomas of certain lands; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 841. By Messrs. McCracken of Jefferson, Pannell of Murray, Gowen of Glynn, Rowland of Johnson, Abney of Walker, Scoggin of Floyd, Key of Jasper and Leonard Lokey of McDuffie:
A bill to provide for the payment of costs to clerks of the superior courts, in all the counties of this state in which said clerks are paid on a fee basis, for services rendered in felony 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, Senator Overby of the 33rd 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

Ansley Ayers Blalock Boyett Bryant Clary Cochran Dykes Florence Gary

Grayson Housley Land, 51st Land, 24th LeCraw Lunsford Massey Newton Overby Peterson

Pilcher Rich Roddenberry Stark Tarver Turner Wright Zellner

Those voting in the negative were Senators:

Daniel Davis Foster Garrett Harrison

Higginbotham Jones Layton
Mason Pittman

Rowland Saunders Staten Ursrey

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

On the passage of the bill, the ayes were 28, nays 14.

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

1328

JOURNAL OF THE SENATE,

HB 1048. By Mr. Howard of DeKalb and others:
A bill to carry into effect Paragraph 1, Section 3, Article 6 of the Constitution of 1945, to add on additional judge of the Superior Court for the Stone Mountain Circuit; and for other purposes.
Senator Blalock of the 36th moved that further action on HB 1048 be postponed until tomorrow.
On the motion to postpone, the ayes were 20, nays 16 and the motion prevailed.
Senator Eve of the 18th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary, read the second time and recommitted:

HB 1105. By Messrs. Cohen of Richmond, McCracken of Jefferson, Smith of Emanuel, and others:
A bill to amend an act relating to the period of petitioner's residence in state in action for divorce so as to reduce the residence period from 12 months to 6 months; and for other purposes.
The consent was granted.
Senator Harrison of the 17th moved that the Senate consider SB 116 and remain in session until the bill is disposed of.
Senator Cochran of the 7th moved that the Senate do now adjourn.
On the motion to adjourn, Senator Lunsford of the 9th 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:

Cochran Dykes Eve Florence

Gary Land, 51st Land, 24th Rackley

Rowland Turner Williams

Those voting in the negative were Senators:

Blalock Boyett Bryant Clary Daniel Davis Foster Garrett Grayson Harrison Higginbotham

Housley Jones Layton LeCraw Lunsford Mason McCoy Newton Overby Peterson Pilcher

Pittman Purdom Rich Roddenberry Saunders Stark Tarver Ursrey Wright Zellner

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

THURSDAY, FEBRUARY 9, 1950

1329

On the motion to adjourn, the ayes were 11, nays 32, and the motion was lost. Two Senators voted present.
Senator Land of the 24th moved that the Senate recess until 10 o'clock tomorrow morning.
On the motion, the ayes were 11, nays 24, and the motion was lost.

On the motion of Senator Harrison to consider SB 116, the ayes were 31, nays 1, and the motion prevailed.

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

SB 116. By Senator Ursrey of the 54th:
A bill to repeal the Revenue Tax Act legalizing and controlling alcoholic beverages in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Harrison 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:

Ayers

Higginbotham

Blalock

Housley

Boyett Bryant Clary Daniel Davis Florence Foster Garrett Gary Harrison

Jones LeCraw Lunsford Mason Massey Newton Overby Peterson Pilcher Pittman

Purdom Rackley Rich Roddenberry Rowland Stark Tarver Ursrey Wright Zellner

Those voting in the negative were Senators:

Dykes Grayson

Land, 51st Land, 24th

Williams

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 5 and two Senators voted present.
The bill, having received the requisite constitutional majority, was passed.
Senator Ursrey of the 54th asked unanimous consent that SB 116 be immediately transmitted to the House, and the consent was granted.
Senator Jones of the 38th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.

1330

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, February 10, 1950

The Senate met pursuant to adjournment this morning at 10 o'clock 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:

Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Florence Foster Garrett Gary Harris Harrison Higginbotham

Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason McCoy Newton Overby Peterson Pilcher Pittman Purdom Rackley

Rich Roddenberry Rowland Saunders Sims Stark Staten Swint Tarver Turner Ursrey Williams Wright Zellner

The following Senators did not answer to their names: Ansley, Brooks, Bryant, Coleman, Eve, Gholston, Grayson, Housley, Massey, and Smith.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as order of business for today:
1. First reading and reference of House bills. 2. Reports of standing committees. 3. Second reading of bills and resolutions favorably reported. 4. Third reading and consideration of local uncontested bills and resolutions. 5. Third reading and consideration of general bills and resolutions. The consent was granted.

A privileged resolution thanking Mrs. Marion Seton, Mrs. Nellie Deatz, and Mrs. Louise Edwards, Southern Bell Telephone employees, for their services rendered the Senate during the session, was read and adopted.

FRIDAY, FEBRUARY 10, 1950

1331

The following resolutions of the Senate were read and adopted:

SR 100. By Senator Pittman of the 42nd:
A resolution commending acts of the Honorable Charles Redwine, Revenue Commissioner of Georgia, for revoking licenses of liquor dealers who have violated licenses by selling liquor in dry counties.

SR 101. By Senator Dykes of the 14th:
A resolution that the General Assembly call upon our Congressional delegation to prevail upon the Veterans Administration to take whatever steps are necessary to properly staff the Veterans Administration hospital in Dublin.

SR 102. By Senator Ursrey of the 54th:
A resolution expressing appreciation to President of the Senate for his efficiency and fairness while presiding over the Senate during discussion of the highly controversial issue, SB 116.

SR 103. By Senator Purdom of the 46th:
A resolution extending a vote of thanks to Senator W. R. McCoy of the 4th District for his hospitality in being host to members of the Senate at a dinner on February 9, 1950.

SR 104. By Senators Roddenberry of the 3rd, McCoy of the 4th, Ursrey of the 54th, Purdom of the 46th, and Staten of the 6th:
A resolution that the members of the Georgia delegation in Congress exert their efforts in bringing to the attention of the Secretary of Agriculture of the United States the urgent need of fixing percentage of parity for gum naval stores.

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 1098. By Messrs. Willingham and Reed of Cobb: A bill to amend the act known as the General Appropriations Act, so as to appropriate an additional twenty-five thousand dollars to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona dam; and for other purposes.
HB 1110. By Mr. Adams of Polk: A bill to amend the charter of the City of Cedartown; so as to change the time for holding elections in said city; and for other purposes.

1332

JOURNAL OF THE SENATE,

HR 96-688a. By Messrs. Salter and Freeman of Upson.
A resolution to compensate Mrs. S. T. Willis and her four children for injuries received in an accident caused by negligence of the State Highway Department; and for other purposes.

SB 146. By Senator Grayson of the 1st:
A bill to amend the Revenue Certificate Law of 1937 to include highway districts; and for other purposes.

SB 152. By Senator Grayson of the 1st:
A bill authorizing the coastal highway district to construct a toll bridge over the Savannah river; and for other purposes.

SB 155. By Senator Grayson of the 1st:
A bill to amend the act "providing for the creation of the office of solicitor general emeritus"; and for other purposes.

SB 166. By Senator Tarver of the 48th, and others:
A bill to amend an act approved March 9, 1945, as amended, entitled "An act to provide for the creation of the office of judge of the superior court, emeritus; and for other purposes.

SB 169. By Senator Cochran of the 7th:
A bill to extend the provision of the merit system act approved February 4, 1943, to include the employees of the State Department of Entomology; and for other purposes.

SB 177. By Senator Pilcher of the 19th:
A bill to amend an act approved February 17, 1949, entitled "An act to provide for the creation of the office of solicitor general emeritus"; and for other purposes.
SB 189. By Senator Zellner of the 22nd:
A bill to amend an act of the General Assembly, approved the 30th day of March, 1937, and entitled "An act to declare an emergency concerning the production, distribution, and sale of milk"; and for other purposes.
SB 196. By Senators Ayers of the 13th and Overby of the 33rd:
A bill to repeal section 24-1716 of the Code of Georgia of 1933, and to substitute in lieu thereof a new section to be numbered 24-1716, and in such substituted section to fix the fees to which the ordinaries of this state are entitled; and for other purposes.
SB 236. By Senator Florence of the 39th:
A bill to repeal an act creating the nine-member board of commissioners of roads and revenues for Douglas County; and for other purposes.

FRIDAY, FEBRUARY 10, 1950

1333

SB 228. By Senator Clary of the 29th:
A bill to amend an act entitled "An act to create and establish a new charter for the Town of Harlem, in the County of Columbia; and for other purposes.
SR 68. By Senator Saunders of the 25th:
A resolution authorizing execution of easement on a certain tract of land located in Harris County and known therein as Pine Mountain Park; and for other purposes.

The House has adopted the following resolutions of the House, to wit:
HR 225. By Messrs. Hand and Twitty of Mitchell and others: A resolution by the House, the Senate concurring, that the General Assembly adjourn sine die on Monday, February 13th, at 1 :00 P. M.
HR 226. By Messrs. Twitty of Mitchell and Rowland of Johnson:
A resolution commending Attorney General Eugene Cook and his staff for their services to the members of the General Assembly; and for other purposes.
HR 228. By Mr. Hollis of Muscogee: A resolution by the General Assembly that we do hereby express our deepest gratitude to said Honorable Fred Hand and Mose Edenfield for said astronomical gastronomic occasion that we attended on February 8, 1950.

The House has agreed to Senate substitute as amended to the following bill of the House, to wit :
HB 604. By Messrs. McMillian of Washington and Meeks of Union: A bill to create a Jekyll Island State Park Authority; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills of the Senate, to wit:
SB 159. By Senators Bryant of the 43rd, Davis of the 27th, and others: A bill to authorize the judges of the city courts of this state, where not otherwise provided for by law, to appoint an official court reporter; and for other purposes.
SB 178. By Senator Pilcher of the 19th: A bill to amend an act approved March 9, 1945, as amended, entitled "An act to provide for the creation of the office of judge of the superior court, emeritus; and for other purposes.

1334

JOURNAL OF THE SENATE,

SB 185. By Senator Zellner of the 22nd:
A bill to govern and regulate sale and inspection, importation and distribution of all fluid milk for human consumption; and for other purposes.

SB 237. By Senator Florence of the 39th:
A bill to create the office of commissioner of roads and revenues for Douglas County; and for other purposes.

The House has adopted the following resolutions of the House, to wit:
HR 224. By Messrs. Myers of Sumter, Pannell of Murray, and others:
A resolution urging the chancellor and the Board of Regents of the University System of Georgia to exercise a more aggressive leadership in expediting the building of housing units for the University of Georgia System; and for other purposes.
HR 229. By Messrs. Hunter of Troup and Moore of Taliaferro:
A resolution requesting the budget authority of the State of Georgia to repair and renovate the home of Alexander H. Stephens, so that it will in truth and fact be a fitting memorial to one of our greatest Georgians; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the House, to wit:
HB 1126. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize and direct the commissioner of roads and revenues or other county authority in all counties in the state having a population of 200,000 or more according to the United States census of 1940 or any other United States census to pay the sheriff of such county an annual salary of not less than eight thousand ($8,000.00) dollars and not more than ten thousand ($10,000.00) dollars payable in monthly installments; and for other purposes.
The following resolutions were read and adopted:
HR 224. By Messrs. Myers of Sumter, Pannell of Murray, Moulton and Covington of Floyd, and others :
A resolution urging the chancellor and the Board of Regents of the University of Georgia to exercise a more aggressive leadership in expediting the building of housing units for the University of Georgia; and for other purposes.
HR 225. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens :
A resolution of the House, the Senate concurring, that the General Assembly adjourn sine die on Monday, February 13, 1950, at 1 o'clock.

FRIDAY, FEBRUARY 10, 1950

1335

HR 226. By Messrs. Twitty of Mitchell and Rowland of Johnson:
A resolution commending Attorney General Eugene Cook for his meritorious and invaluable service to the members of the General Assembly in the preparation of legislation at the present session of the General Assembly.

HR 228. By Mr. Hollis of Muscogee:
A resolution by the General Assembly that they express their gratitude to said Honorable Fred Hand and Mose Edenfield for said astronomical gastronomic occasion that we attended on February 8, 1950.

HR 229. By Messrs. Hunter of Troup and Moore of Taliaferro:
A resolution requesting that the budget authority of the State of Georgia repair and renovate the home of Alexander H. Stephens, so that it will in truth and fact be a fitting memorial to one of our greatest Georgians.

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

HB 1098. By Messrs. Willingham and Reed of Cobb:
A bill to amend the act known as the General Appropriations Act, so as to appropriate an additional twenty-five thousand dollars ($25,000) to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona dam; and for other purposes.
Referred to the Committee on Appropriations.
HB 1110. By Mr. Adams of Polk:
A bill to amend the charter of the City of Cedartown; so as to change the time for holding elections in said city; and for other purposes.
Referred to Committee on Municipal Government.
HR 96. By Messrs. Salter and Freeman of Upson:
A resolution to compensate Mrs. S. T. Willis and her four children for injuries received in an accident caused by negligence of the State Highway Department; and for other purposes.
Referred to the Committee on Appropriations.
HB 1126. By Messrs. Alverson, Walton and Smith of Fulton: A bill to authorize and direct the commissioner of roads and revenues or other county authority in all counties in the state having a population of 200,000 or more according to U. S. census of 1940 or any other U. S. census to pay the sheriff of such county an annual salary of not less than eight thousand ($8,000.00) dollars and not more than ten thousand ($10,000.00) dollars payable in monthly installments; and for other purposes.
Referred to the Committee on Counties and County Matters.

1336

JOURNAL OF THE SENATE,

Mr. Pittman of the 42nd 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 1109. Do Pass.

HB 1111. Do Pass.

Respectfully submitted, Pittman of 42nd District, Chairman

Mr. Swint of the 26th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 512. Do Pass as amended.

SB 101. Do Not Pass.

Respectfully submitted, Swint of 26th District, Chairman

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation 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 768. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

FRIDAY, FEBRUARY 10, 1950

1337

Mr. Zellner of the 22nd 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 1079. Do Pass by substitute.
Respectfully submitted, Zellner of 22nd District, Chairman

Mr. Higginbotham of the 31st 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 hack to the Senate with the following recommendations:

HB 875. HB 1018. HB 1100. HB 1117. HB 1116.

Do Not Pass. Do Pass. Do Pass. Do Pass. Do Pass.

HB 1119. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Mr. Williams of the 20th 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 bills and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 846. HB 884. HB 981. HB 1076.

Do Pass. Do Pass. Do Pass. Do Pass.

HR 200. Do Pass.

Respectfully submitted, Williams of 20th District, Chairman

1338

JOURNAL OF THE SENATE,

Mr. Wright of the 5th District, chairman of the Committee on Conservation, submitted the following report:

Mr. President:

Your Committee on Conservation 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 198. Do Pass.

Respectfully submitted, Wright of 5th District, Chairman

Mr. Mason of the 28th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 83-573b. Do Pass.

Respectfully submitted, Mason of 28th District, Chairman

Mr. Ayers of the 13th 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 has instructed me, as chair man, to report the same back to the Senate with the following recommendations:

HB 1088. HB 1115. HB 744. HR 134. HB 1016. HB 1093. HB 1094. HB 1072. HB 1081. HB 1108. HB 1107.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

FRIDAY, FEBRUARY 10, 1950

1339

Mr. Garrett of the 53rd 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 734. HB 731. HB 1033.

Do Not Pass. Do Pass as amended. Do Pass.

Respectfully submitted,
Garrett of 53rd District, Chairman

Mr. Brooks of the 50th 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 resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 136. Do Pass. HR 186. Do Pass.

Respectfully submitted,
Brooks of 50th District, Chairman

Mr. Overby of the 33rd 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 recommendation:

HR 135. Do Pass.

Respectfully submitted,
Overby of 33rd District, Chairman

Mr. McCoy of the 4th 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 bill of the House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 932. Do Pass.

Respectfully submitted,
McCoy of 4th District, Chairman

1340

JOURNAL OF THE SENATE,

Mr. Smith of the 37th 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 House and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 1105. Do Pass.

Respectfully submitted, Smith of 37th District,

Chairman

Senator Housley of the 32nd 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 208.
SB 116.
SB 231. SR 84.
Respectfully submitted,
Housley of 32nd District,
Chairman

Senator Housley of the 32nd 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 Governor:
SB 189. Respectfully submitted, Housley of 32nd District, Chairman

FRIDAY, FEBRUARY 10, 1950

1341

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

HB 512. By Messrs. Rowland of Johnson and Hagan of Screven:
A bill to amend an act known as the Georgia Workmen's Compensation Act; and for other purposes.

HB 768. By Mr. Abney of Walker:
A bill to authorize the Governor to lease approximately 160 acres of certain land lots Nos. 99 and 100 of the 12th district and 4th section of Walker County; and for other purposes.

HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester; and for other purposes.

HB 1072. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 17, 1909, providing a new charter for the Town of Decatur, so as to provide that a person desiring to offer for election as commissioner of said city shall specify the incumbent whom such candidate desires to oppose; and for other purposes.

HB 1076. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "Aid to the Blind Act", to provide for the disposition of assistance check for the month in which the recipient dies; and for other purposes.
HB 1079. By Messrs. Cohen, Bell and Coleman 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 Constitution of the State of Georgia; and for other purposes.
HB 1081. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1884-85, entitled "An act to establish a city court for the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor; and for other purposes.
HB 1088. By Messrs. Alverson, Smith and Walton of Fulton, and others:
A bill to amend the Code of Georgia of 1933, section 24-3005 pertaining to the contingent expenses of the superior courts and their payment in counties having a population of 70,000 or more; and for other purposes.
HB 1093. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend an act approved March 24, 1939, entitled "An act to grant to the commissioners of roads and revenues or other authority having charge of the fiscal affairs in counties with a certain population, to regu-

1342

JOURNAL OF THE SENATE,
late in said county, outside of the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road; and for other purposes.

HB 731. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to eliminate various nuisance, business, occupational and professional taxes; and for other purposes.

HB 846. By Mr. Gross of Stephens:
A bill to amend an act approved February 26, 1937, known as the "OldAge Assistance Act"; and for other purposes.

HB 884. By Messrs. Page of Chatham, and Hollis and Pickard of Muscogee:
A bill to authorize the Georgia Department of Public Health to pay from funds which might become available from the appropriation for the state tuberculosis sanatorium, or from other sources, to cities and counties the cost, or any part of the cost, of maintaining institutions; and for other purposes.

HB 932. By Messrs. Jones of Lumpkin, Gross of Stephens, and others:
A bill to amend Code section 42-808 of the Code of Georgia of 1933, as relating to prescribing, administering and dispensing of narcotics by a physician, dentist, etc.; and for other purposes.
HB 981. By Messrs. McMillan of Washington, MeWhorter of DeKalb, and others:
A bill to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons; and for other purposes.
HB 1033. By Messrs. Gross of Stephens and Twitty of Mitchell:
A bill to amend chapter 92-31 of the Code of Georgia of 1933 relating to income taxes and the imposition, rate and computation of such income taxes; and for other purposes.
HB 1016. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, fourid in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.
HB 1018. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend an act establishing the charter for the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes.
HB 1094. By Messrs. McWhorter, Hubert and Howard of DeKalb: A bill to amend an act approved August 21, 1906, entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalb; so as to provide that the commissioner of roads and

FRIDAY, FEBRUARY 10, 1950

1343

revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures relating to such budget periodically to each grand jury for said county; and for other purposes.

HB 1100. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to provide the extension of the city limits to include "Sherwood Forest" and "Armour Area"; and for other purposes.

HB 1105. By Messrs. Cohen of Richmond, Smith of Emanuel, and others:
A bill to amend section 30-107 of the 1933 Code of Georgia relating to the period of petitioner's residence in state in action for divorce so as to reduce the residence period from twelve months to six months; and for other purposes.

HB 1108. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved January 31, 1946, fixing the salaries of ordinaries of all counties with certain population; and for other purposes.

HB 1109. By Messrs. Cohen of Richmond, Matthews of Clarke, and others: A bill to amend Code section 30-112 of the Code of Georgia of 1933, to provide that the title to real property shall not be affected by the filing of a suit for divorce unless filed with the clerk where such real property is situated; and for other purposes.
HB 1111. By Messrs. Bledsoe and Britton of Whitfield: A bill to change the time of holding the January and July terms of Whitfield Superior Court; and for other purposes.
HB 1107. By Mr. Hurst of Quitman: A bill to extend the jurisdiction of the Court of Ordinary of the County of Quitman; and for other purposes.
HB 1115. By Messrs. Nightingale and Gowen of Glynn: A bill to amend an act to create a board of commissioners of roads and revenue for Glynn County; and for other purposes.
HB 1116. By Messrs. Duncan and Alexander of Carroll: A bill to amend an act establishing a new charter for the City of Carrollton approved September 9, 1891; and for other purposes.

HB 1117. By Messrs. Alexander and Duncan of Carroll:
A bill to amend an act entitled "Carrollton ad valorem tax rate," so as to limit the ad valorem tax on all real and personal property; and for other purposes.

1344

JOURNAL OF THE SENATE,

HB 1119. By Messrs. McGee and Hood of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; repealing all laws in conflict herewith; and for other purposes.

HR 135. By Mr. Cagle of Pickens:
A resolution to authorize the State Highway Department of Georgia to reimburse Pickens County in the amount of $28,173.28 for amount expended by said county of State Aid Project No. 1160; and for other purposes.

HR 83. By Messrs. Kidd and Jennings of Baldwin:
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 Baldwin County into school districts; and for other purposes.
HR 136. By Messrs. Alverson, Walton and Smith of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, paragraph 1 of the Constitution of Georgia, to provide that the board of county commissioners of Fulton County, et cetera, shall supplement from the said county's treasury the salaries of each of the judges of the Atlanta Judicial Circuit by the sum of $6,000.00 per annum; and for other purposes.
HR 134. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A resolution to propose an amendment that Muscogee County, Georgia, may issue and sell "street improvement bonds" without the assent of a majority of the qualified voters of said county.
HR 198. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A resolution authorizing the Governor to trade certain lands owned by the State of Georgia in Rabun, Towns and Lumpkin Counties to the Federal government; and for other purposes.
HR 186. By Mr. Summerour of Dawson:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, to provide for the election of members of the county board of education of Dawson County by the people; and for other purposes.
HR 200. By Messrs. Mathews of Peach, Vandiver of Bibb, and others: A resolution giving authority to State Board of Education to sell property on which colored school for blind in Macon, is located; and for other purposes.

FRIDAY, FEBRUARY 10, 1950

1345

The following local bills and resolutions were read the third time and put upon their passage :

HR 171. By Mr. Byrd of Taylor:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, paragraph I of the Constitution of the State of Georgia, so as to provide for the division of Taylor County into nine school districts and for the election of members of the county board of education from such school districts; to provide for their terms of office and qualifications; to provide for the submission of amendment for ratification or rejection by the people; and for other purposes.
Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same:

Section 1.
Upon the approval of this Resolution in the manner hereinafter provided, paragraph I of Section V of Article VIII be, and the same is hereby amended by adding at the end thereof a new paragraph which shall read as follows :
"The members of the county board of education of Taylor County shall be elected by the people at the same time and for the same term that other county officers are elected, shall hold their offices until their successors are elected or qualified, and shall receive Five ($5.00) Dollars per day for time served in regularly organized meetings of the board. For the purpose of this Resolution, each of the existing militia districts in Taylor County shall be known and designated as a school district. One member from each of these districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of a member from that district, a majority vote being necessary for election. Within thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Taylor County to issue a call for an election, to be held in not less than twenty nor more than thirty days, for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that district. Should a vacancy occur in the office of any member, the Ordinary shall, within thirty days, issue a call for a special election, to be held in not less than twenty nor more than thirty days, so that a successor may be elected by the registered and qualified voters of the district. The nine-member county board of education shall have the same powers and duties as the present county board of education and shall elect its own chairman.
"To be eligible to hold office as a member of the county board of education, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of an English education, be favorable to the common school system, and be qualified to vote for the members of the General Assembly. No publisher of school books, or agent for such publisher, or 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. After the ratification of this amendment, the grand jury of Taylor County shall make no appointments of members of the county board of education.

1346

JOURNAL OF THE SENATE,

Section 2.
When this amendment shall have been approved by the requisite twothirds of the members of each House of the General Assembly of the State of Georgia, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and 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. 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 to the people for ratification or rejection. At said election the ballots shall have printed thereon, "For amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the county board of education of Taylor County," and "Against amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the county board of education of Taylor County." If a majority of the qualified voters at such election shall vote "For" the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the State shall make proclamation thereof.

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

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

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

Those voting in the affirmative were Senators:

Ansley

Grayson

Blalock

Harris

Boyett

Harrison

Bryant

Housley

Cochran

Jones

Daniel

Land, 51st

Davis

Land, 24th

Dykes

Layton

Eve

LeCraw

Florence

Lunsford

Foster

Mason

Garrett

Massey

Gary

Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

On the adoption of the resolution, the ayes were 39, nays 0.

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

FRIDAY, FEBRUARY 10, 1950

1347

HR 183. By Mr. Lewis of Hancock:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide for the election of members of the county board of education of Hancock County by the people; to provide for their terms of office and qualifications; 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 Georgia:
Section 1. That Article VIII, Section V, Paragraph I of the Constitution of Georgia be amended by adding at the end thereof the following:
"The members of the county board of education of Hancock County shall be elected by the people of the county living outside the area embraced within any independent school system. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Hancock County to issue the call of an election for the purpose of electing by the qualified voters of Hancock County outside the area embraced within any independent school system, the members of the county board of education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the Ordinary. Such election shall be held in the same manner as elections for county officers are held. The board shall be composed of five freeholders. At this election, the member receiving the highest number of votes shall have a term which shall expire January 1, 1957. The two members receiving the next votes shall have a term expiring January 1, 1955, and the two members receiving the next highest votes shall have a term expiring January 1, 1953. Thereafter the terms of the members elected shall be six years each. In case of a vacancy on said board by the death or resignation of a member, or from any other cause than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successor who shall hold office for the unexpired portion of such member's term. From and after the ratification of this amendment the grand jury of Hancock County shall make no further appointments of members of the county board of education, but the present members of the board shall serve until their successors are duly elected as herein provided. No person shall be eligible to hold office as a member of the county board of education who lives within the territory embraced within any independent school system. 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 1nember of the county board of education. No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who has not at least good knowledge of the elementary branch of the 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."
Section 2. Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification

1348

JOURNAL OF THE SENATE,

or rejection at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Hancock County." Those voting against the ratfication of the amendment herein proposed shall have written or printed on their ballots the words "Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Hancock County." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.

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

The resolution proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows :
Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 187. By Mr. Holloway of Schley:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 8, Section 5, Paragraph 1, of the Constitution of Georgia so as to provide for the election of members of the County Board of Education of Schley County by the people; to provide for their terms of office and qualifications; to provide for the submission of the amendment and ratification or rejection thereof by the people; and for other purposes.
Be it resolved by the General Assembly of Georgia:

FRIDAY, FEBRUARY 10, 1950

1;349

Section 1. That Article 8, Section 5, Paragraph 1, of the Constitution of Georgia be amended by adding at the end thereof the following:
"The members of the county board of education of Schley 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 Schley County to call an election for the purpose of electing by the qualified voters in each militia district of a member or members of the county board of education from that militia 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. Two members from Militia District No. 961, known as the Ellaville District; and one member from Militia District No. 882, known as the Lacross District; and one member from Militia District No. 785, known as the Lickskillet District; and one member from Militia District No. 946, known as the Patton Hill District; shall be elected to serve on said board and only the registered and qualified voters in each militia district shall vote for the election of a member or members from that 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 superintendent shall be eligible to vote.
"That from and after the ratification of this amendment the grand jury of Schley County shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided.
"No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly."
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 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 amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for the election of members of the Schley County Board of Education," 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-!, Section 5,_

1350

JOURNAL OF THE SENATE,

Article 8 of the Constitution providing for the election of members of the Schley County Board of Education." 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 Schley 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 State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make procla-
mation 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:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 124. By Messrs. Durden and Davis of Dougherty:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, 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 Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district coextensive with the limits of Dougherty County.
SECTION I. Be it resolved by the General Assembly of Georgia that Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be, and the same is hereby amended by adding at the end thereof, a nev paragraph to read as follows:

FRIDAY, FEBRUARY 10, 1950

1351

"Merger of existing independent school system of City of Albany and existing school district in Dougherty 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 Albany and the existing school district in the County of Dougherty outside the corporate limits of said city so that the entire area of Dougherty County shall constitute one school district or system, the independent school system in the City of Albany and the existing school district in Dougherty County outside said corporate limits of said city being thereby abolished.
"The school district so created by the General Assembly is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor.
"The General Assembly shall provide for a new political entity, the affairs of which are to be managed by a board of education, to bear such name and have such powers as may be provided in said act. The General Assembly shall also provide the terms and method of appointing or electing the members of the board of education. The board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said board of education is hereby authorized and empowered to operate, conduct, and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with, to appoint and employ teachers and to fix their salaries, and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Dougherty County.
"From and after the ratification of this amendment, the voters of Dougherty County shall no longer elect the county school superintendent. The General Assembly shall have authority to abolish, without a referendum, the term of the present county school superintendent of Dougherty County. The board of education shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law.
"Notwithstanding any other provision of this Constitution, the fiscal authorities of Dougherty County shall levy a tax for the support and maintenance of said school system of not greater than twenty (20) mills upon the dollar (as recommended by the board of education) uniform throughout the county, of all taxable property in the county.
"The General Assembly may authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the board of education herein created for educational purposes.
"The specifications 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 purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Dougherty County.
"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein

1352

JOURNAL OF THE SENATE,
set forth shall exist notwithstanding other provisions of this Constitution, or any general or special laws of the State.
"The General Assembly may from time to time enact special acts amending the act or acts enacted pursuant hereto."
SECTION II. 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 ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional district of this State, said amendment also to be advertised in a newspaper published in the City of Albany having general circulation throughout Dougherty County, for two months next preceding he time of holding the next general election at which members of the General Assembly are chosen.
SECTION III. 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 II of this Resolution, 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 shall have written or printed on their ballots the words: "For ratification of amendment to Article VIII, Section V, Paragraph I, 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 Albany and the existing school district in the County of Dougherty 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 ballot the words: "Against ratification of amendment to Article VIII, Section V, Paragraph I, 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 Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district or system coextensive 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 Dougherty County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become a 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 Committee on Amendments to the Constitution offered the following amendment:

FRIDAY, FEBRUARY 10, 1950

1353

Amend HR 124 by adding a new paragraph in Section 1 between the paragraph which reads as follows:

"Notwithstanding any other provision of this Constitution, the fiscal authorities of Dougherty County shall levy a tax for the support and maintenance of said school system of not greater than twenty (20) mills upon the dollar (as recommended by the board of education) uniform throughout the county, of all taxable property in the county."

and the paragraph which reads as follows:

"The General Assembly may authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the board of education herein created for educational purposes."

which said new paragraph shall read as follows:

"Notwithstanding any other provision of this Constitution or any provisions of law, the commissions or fees of the tax collector of Dougherty County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half per cent on the first one hundred and twenty-five thousand dollars ($125,000.00) collected. One percent on the second one hundred and twenty-five thousand dollars ($125,000.00) collected. One-half of one percent on all amounts collected above two hundred and fifty thousand dollars ($250,000.00). The above schedule of rates shall apply to all collections of moneys for school purposes including that collected for operation, maintenance, bond retirements, interest payments, and for any other school purpose by whatever name called. Should the tax collector of Dougherty County be changed from a fee to a salary, this provision shall become inoperative. -

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

1354

JOURNAL OF THE SENATE,

HR 199. By Messrs. Alverson, Smith and Walton of Fulton:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Paragraph XXIII, Section VII, Article III, of the Constitution of Georgia of 1945, so as to authorize the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all the powers listed in said paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the recorder's court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph XXIII, Section VII, Article III the following words:
"Provided, however, that the General Assembly of the State of Georgia shall have authority to create independent governmental authorities for the City of Atlanta and the unincorporated areas of Fulton County and to grant to them any and all the powers listed in this paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta."
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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945 authorizing the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all powers listed in said paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta", and the words, "Against ratification of the amendment to Paragraph XVIII, Section VII, Article III of the Constitution of Georgia of 1945 authorizing the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all the powers listed in said paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta." Returns shall be made and

FRIDAY, FEBRUARY 10, 1950

1355

results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, County of Fulton and the City of Atlanta, said amendment shall become a part of Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 178. By Mr. Mashburn of Forsyth:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia so as to authorize Forsyth County by vote of its fiscal authority to issue, in addition to all other bonds, Refunding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said county; to provide that in the event such warrant indebtedness is paid off and retired that said county shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to provide that the bills and claims of and against said county and its treasury shall be paid by check and how such checks shall be executed; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said county for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said county to make provision for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:
Section 1. That Article VII, Section VII, Paragraph I, of the Con-

1356

JOURNAL OF THE SENATE,

stitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to wit:
Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Forsyth County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said county, including interest due or payable thereon, as the same appears of record in the office of the Board of Commissioners of Roads and Revenues of said county on the date as determined by the said Board of Commissioners of Roads and Revenues, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Refunding Bonds".
In the event the privilege granted herein is exercised by said county after said date as so determined by said board, said county and the Board of Commissioners of Roads and Revenues thereof are prohibited from issuing warrants and deferred payment orders on the treasury of said county, and said county shall thereafter be operated on a cash basis, so that all bills and claims chargeable to or against said county or payable by the treasury of said county shall be paid monthly or otherwise as may be determined by the Board of Commissioners of Roads and Revenues of said county, by checks drawn on the depositor or depositories holding the funds of said county, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than outstanding checks, all such checks to be signed by the Chief Executive Officer of said Board of Commissioners of Roads and Revenues of said county, with the right in said Board of Commissioners of Roads and Revenues to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful county purposes heretofore made and made in the year 1950 and in each year thereafter by the Board of Commissioners of Roads and Revenues, charged with the duty of managing said county's affairs, shall be legal, with the express power and authority in said Board of Commissioners of Roads and Revenues to levy and collect taxes for lawful county purposes for the then current year for use or in part in the operation of said county for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said county after the date determined by the Board of Commissioners of Roads and Revenues for the issuance of Refunding Bonds shall in any wise affect or impair the validity of said Refunding Bonds.
Said Refunding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the Board of Commissioners of Roads and Revenues of said county, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the Board of Commissioners of Roads and Revenues by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Refunding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said county, as may be determined by the date set by the Board of Commissioners of

FRIDAY, FEBRUARY 10, 1950

1357

Roads and Revenues of said county. Said Refunding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the Board of Commissioners of Roads and Revenues of Forsyth county, but without the necessity of an election as in the case of original obligation bonds of said county, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds.

Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each congressional district in this state for two months previous to the time for holding the next general election at which proposed amendments to the Constitution of this state may be voted on, and shall at said election be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize Forsyth County to issue Refunding Bonds, and thereafter to operate on a cash basis, and for other purposes" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize Forsyth County to issue Refunding Bonds, and thereafter to operate on a cash basis, and for other purposes." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law.

Section 3. Be it further resolved, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed.

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

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

Those voting in the affirmative were Senators:

Ansley
Blalock Boyett Bryant
Cochran Daniel
Davis Dykes
Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton
LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders
Sims
Staten
Swint Turner Ursrey Williams Wright

1358

JOURNAL OF THE SENATE,

By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 39, nays 0. The resolution, having received the requisite constitutional two-thirds majority, was adopted. HB 1028. By Messrs. Vandiver, Miller and Trice of Bibb:

A BILL
An act to propose to the qualified voters of Georgia an amendment to Article 1, Section 4, Paragraph 1 of the Constitution of Georgia so as to ratify and validate acts passed since the federal census of 1940 which have not been directly declared invalid by an appellate court of this state and which affect Bibb County, its courts, agencies, tribunals of officers and officers and agents of either and all whether such agents be applicable by specific designation or by inclusion in population classification; to provide for the submission of the amendment for ratification by the people; and for other purposes:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same as follows:
SECTION 1. That Article 1, Section 4, Paragraph 1, of the Constitution of Georgia, as the same may have 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 all laws applicable to Bibb County, its courts, agencies, tribunals, and officers, and officers and agents of either and all, which have heretofore and since the federal census of 1940 been adopted by the General Assembly of Georgia, and which have not been directly declared invalid by an appellate court of this state, and whether such laws are applicable by reason of specific designation or by inclusion in population classification, or ratified, approved and confirmed as of the date of their respective passage, to remain in full force and valid effect until affected by legislation subsequent to the adoption of this amendment."
SECTION 2, Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds of the members
elected to each of the two Houses, and entered on their journals, with the "ayes" and "nays" taken thereon, and be 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 election members of the General Assembly are chosen, and also be advertised in Bibb County, the area directly affected thereby, said amendment shall at said next general election be submitted to the people for ratification.
All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to Article 1, Section 4, Paragraph 1 of laws affecting Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all, which laws have been adopted since the federal census of 1940 and which have not been directly invalidated by an appellate court", and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of Article 1, Section 4, Paragraph 1 of laws affecting Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all, which laws have

FRIDAY, FEBRUARY 10, 1950

1359

been adopted since the federal census of 1940 and which have not been directly invalidated by an appellate court", and 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 in Bibb County, shall vote for ratification thereof, when the results shall be consolidated as now provided by law in election for members of the General Assembly, the said amendment shall become a part of Article 1, Section 4, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

SECTION 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

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

Those voting in the affirmative were senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

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

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

HB 1029. By Messrs. Vandiver, Miller and Trice of Bibb:
An act to propose to the qualified voters of Georgia an amendment to Article VII, Section 4, Paragraph 1, Sub-paragraph 15, of the Constitution of Georgia, so as to authorize the General Assembly of Georgia with respect to Bibb County to enact a law or laws whereby a pension or retirement plan or plans may be constituted for all or any persons elected or appointed, appointed by any elected or appointed official, whether or not a county or state officer whose salary, wage or compensation is paid wholly or in part by the county, including appointees of the judges of the Superior Court of Bibb County; to permit any such plan or plans to allow credit for services performed prior to the enactment of any such plan or plans; to permit payments for disability; and payments to dependents of such persons killed in the performance of duty; to authorize

1360

JOURNAL OF THE SENATE,
the levy of a tax to support any such plan or plans; to ratify, confirm, and validate as of the date of its passage and as of the date of any and all amendments thereto an act of the General Assembly of Georgia adopted at its 1949 session, providing a pension and/or retirement plan for Bibb County and any amendment or amendments to such act; to provide for the submission of an amendment for ratification 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 1. That Article VII, Section 4, Paragraph 1, Sub-paragraph 15, of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit:
"Provided further that the General Assembly shall be authorized with respect to Bibb County to enact a law or laws whereby a pension and/or retirement plan or plans may be constituted for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or state officer, whose salary, wage, or compensation, is paid wholly or in part by the county, including appointees of the Judges of the Superior Court of Bibb County; to permit any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans; to permit payments for disability; and payments to dependents of such persons killed in the performance of duty; to authorize a levy of a tax to support such plan or plans; and to ratify, confirm, and validate as of the date of its passage and as of the date of any and all amendments thereto, an act of the General Assembly of Georgia adopted at the 1949 session, providing a pension and/or retirement plan for Bibb County, and any and all amendments thereto.
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds of the members elected to each of the two Houses and entered on their journals with the ayes and nays had thereon and the same shall be 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 election members of the General Assembly are chosen, and shall also be so advertised in Bibb County, the area directly affected thereby, said amendment shall at said next general election be submitted to the people for ratification.
All persons voting at said election in favor of adopting the said proposed amendment to the Constitution, shall have written or printed on their ballots the words: "For ratification of amendment of Article VII, Section 4, Paragraph 1, Sub-paragraph 15, of the Constitution of Georgia authorizing the General Assembly to constitute a pension and/or retirement plan or plans for all persons compensated in whole or in part by Bibb County, permitting payments for disability and payments to dependents of such persons killed in the performance of duty, permitting any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans, authorizing the levy of a tax to support any such plan or plans, and ratifying and validating an act of the General Assembly of Georgia adopted at its 1949 session, providing such a pension and/or retirement plan for Bibb County, and any and all amendments thereto"; and all persons opposed to the adopting of said amendment shall have written or printed on their ballots "Against rati-

FRIDAY, FEBRUARY 10, 1950

1361

fication or amendment of Article VII, Section 4, Paragraph 1, Subparagraph 15 of the Constitution of Georgia authorizing the General Assembly to constitute a pension and/or retirement plan or plans for all persons compensated in whole or in part by Bibb County, permitting payments for disability and payments to dependents of such persons killed in the performance of duty, permitting any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans, authorizing the levy of a tax to support any such plan or plans, and ratifying and validating an act of the General Assembly of Georgia adopted at its 1949 session, providing such a pension and/or retirement plan for Bibb County, and any and all amendments thereto.
And if a majority of the electors qualified to vote for members of the General Assembly of Georgia, voting thereon in the state as a whole, and also in Bibb County, shall vote for ratification thereof, when the results shall be consolidated as now provided by law in elections for members of the General Assembly, the said amendment shall become a part of Article VII, Section 4, Paragraph 1, Sub-paragraph 15 of the Constitution of the state, and the Governor shall make a proclamation thereof, as provided by law.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

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

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

1362

JOURNAL OF THE SENATE,

HR 148. By Messrs. Hubert, Howard and McWhorter 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 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 independent 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 1.
That Paragraph IV, and Section I of Article VII of the Constitution 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 the property located in said county not included in any independent school system located therein, inclu.ding the property which may be exempted from state and county taxation by virtue of this paragraph of the Constitution."

SECTION 2.
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 th~; General Assembly and the same has been entered on their journals with the "ayes" and "nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding the time of 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 ballot the words, "For 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," 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

FRIDAY, FEBRUARY 10, 1950

1363

not apply in the County of DeKalb as against levies of taxes for school purposes by the County Board of DeKalb County." 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 DeKalb 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 VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 and the Governor shall make proclamation thereof accordingly.

SECTION 3.
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:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 129. By Messrs Robertson and Hill of Meriwether:
A RESOLUTION
Proposing to the qualified voters an amendment to Article 8, Section 5, Paragraph 1 of an amendment to Article 8, Section 6, Paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Meriwether County into school districts, and for the electing of members of the County Board of Education from such school districts; to provide for their terms of office and qualifications; to provide for local

1364

JOURNAL OF THE SENATE,
boards of trustees in each of the school districts of Meriwether County; to provide for the terms of office and the qualifications of the local boards of trustees of Meriwether County; to provide for the election of the county school superintendent of Meriwether County by the County Board of Education; to provide for the submission of this 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 of 1945 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 Meriwether County shall be elected by the people at the same time and for the same term that other county officers of Meriwether County 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 Meriwether County to call an election for the purpose of electing by the qualified voters of each school district, as defined herein, a member of the County Board of Education from that school district. The members of the Board of Education who are elected at that time shall hold office until their successors are elected and qualified. Vacancies shall be filled by special eiection and it shall be the duty of the ordinary of Meriwether County to call such election in accordance with and in the same manner as elections are called to fill vacancies in the office of clerks of Superior Court, as now provided by law. The County of Meriwether shall be and the same is hereby divided into five ( 5) school districts to be numbered and comprised as follows:
First School District, to be composed of the 1400th, 1281st, 1408th and the 657th Georgia Military Districts.
Second School Districts, to be composed of the 715th, 665th, 1495th, 1401st, 1213th and 809th Georgia Military Districts.
Third School District, to be composed of the 669th, 1474th, 705th and 706th Georgia Militia Districts.
Fourth School District, to be composed of the 1290th and the 1520th Georgia Militia Districts.
Fifth School District, to be composed of the 726th and the 704th Georgia Militia Districts.
One member from each of the foregoing school districts of Meriwether County shall be elected to serve on said County Board of Education and only the registered and qualified voters in each of said school districts shall vote for the election of a member from that school district. That from and after the ratification of this amendment the grand jury of Meriwether County shall make no future appointments of members of the County Board of Education, but the present board shall serve until their successors are duly elected as above provided. No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who is not favorable to the common school system, who has not at least a fair knowledge of the elementary

FRIDAY, FEBRUARY 10, 1950

1365

branch of an English education, who is not a voter qualified to vote for members of the General Assembly, and who does not reside in the school district from which he is elected. There is hereby created in and for each of the aforesaid school districts of Meriwether County a local board of trustees, composed of five (5) members, who shall have the same qualifications as the members of the County Board of Education, and who shall be elected at the same time and in the same manner as the members of said County Board of Education. Such local boards of trustees shall have the same powers, duties and functions as now provided by existing law.

SECTION 2.
That Article 8, Section 6, Paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit:
"The County School Superintendent of Meriwether County shall be elected or appointed by the County Board of Education of Meriwether County and shall serve at the pleasure of the said board. From and after the ratification of this amendment the voters of Meriwether County shall no longer elect the County School Superintendent of Meriwether County but the present County School Superintendent shall serve until his successor is chosen as herein provided.

SECTION 3.
Be it further resolved that when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the 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 in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted to the people 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 amendment to Paragraph 1, Section 5, Article 8 and Paragraph 1, Section 6, Article 8 of the Constitution providing for the election of members of the Meriwether County Board of Education and the appointment of the County School Superintendent of Meriwether 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 1, Section 5, Article 8 and Paragraph 1, Section 6, Article 8 of the Constitution providing for the election of members of the Meriwether County Board of Education and the appointment of the County School Superintendent of Meriwether County". 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 Meriwether 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 Secre-

1366

JOURNAL OF THE SENATE,

tary of 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:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 137. By Messrs. Hollis, Davis and Pickard of Muscogee:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County may make and levy special assessments for street improvements, in approved subdivisions in said county, against abutting property therein, upon such terms and conditions as may be imposed by the General Assembly.
Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, as heretofore amended, be further amended by adding at the end thereof a new sub-paragraph in the following words, to wit: "Provided that Muscogee County may assess the cost of street improvements in approved subdivisions in said county outside the limits of any incorporated municipality, including grading, curbing, guttering, paving, re-paving and repairing of streets, sidewalks and intersections, and otherwise improving the same, against abutting real

FRIDAY, FEBRUARY 10, 1950

1367

estate therein, and such special assessments may be made liens against such abutting property with the same rank as county ad valorem taxes, all upon such terms, conditions, restrictions and regulations as may be imposed by the General Assembly."

Section 2. Be it further resolved 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 ayes and nays taken thereon, the Governor shall be and he is hereby authorized and directed 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 published in the City of Columbus having general circulation throughout Muscogee County, for two months next preceding the time of holding the next general election at which members of the General Assembly are chosen.

Section 3. Be it further resolved 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 shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia, by adding thereto the provision that Muscogee County, Georgia, may make and levy special assessments for street improvement purposes against abutting property, as provided in said amendment"; 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 VII, Section IV, Paragraph I, of the Constitution of Georgia, by adding thereto the provision that Muscogee County, Georgia, may make and levy special assessments for street improvement purposes against abutting property, as provided in said amendment".
If a majority of the electors qualified to vote 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.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

1368

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 132. By Messrs. Alverson, Smith and Walton of Fulton:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district, but shall not exceed 12% thereof.
Be it resolved by the General Assembly of Georgia:
Section I. That Article VII, Section VII, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following:
"Notwithstanding the 7% limitation herein provided, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property therein, but shall not exceed 12% of such assessed value."
Section II. 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 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 the Fulton County School District, for two months previous to the time of holding the next general election at which members of the General Assembly are chosen, and said amendment shall be submitted to the people at said next general election.

FRIDAY, FEBRUARY 10, 1950

1369

All persons voting at said election in favor of adopting proposed amendment to the Constitution shall have written or printed on their ballots the words :
"For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in the Fulton County School District from 7% to 12% of assessed values of all taxable property therein."
and all persons opposed to the adoption of said amendment shall have written ~r printed on their ballots the words:
"Against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in the Fulton County School District from 7% to 12% of assessed values of all taxable property therein."
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 the Fulton County School District, 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 VII, Section VII, Paragraph I, of the Constitution of the state and the Governor shall make a proclamation thereof.

Senator LeCraw of the 52nd offered the following amendment:
Amend the title of said resolution by striking the figure "12%" and substituting in lieu thereof the figure "10%" so that said caption as amended shall read:
"A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district, but shall not exceed 10% thereof."
Amend Section I of said resolution by striking therefrom the figure "12%" and substituting in lieu thereof the figure "10%" so that the language added to Article VII, Section VII, Paragraph I, of the Constitution of Georgia of 1945 shall read as follows:
"Notwithstanding the 7% limitation herein provided, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property therein, but shall not exceed 10% of such assessed value."
Amend Section II of said resolution by striking the figure "12%" at both places where said figure occurs and substituting in lieu thereof in each place the figure "10%" so as to provide that all persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words:
"For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in

1370

JOURNAL OF THE SENATE,

the Fulton County School District from 7% to 10% of assessed values of all taxable property therein."

and all persons opposed shall have written or printed on their ballots the words:

"Against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in the Fulton County School District from 7% to 10% of assessed values of all taxable property therein."

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley RoddenbelTy Rowland Saunders Sims Staten Swint Turner Williams Ursrey Wright

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.

HR 131. By Messrs. Alverson, Smith and Walton of Fulton:
A RESOLUTION Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption from taxation shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education.
Be it resolved by the General Assembly of Georgia:
Section I. That Article VII, Section I, Paragraph IV of the Constitution of Georgia be amended by adding thereto the following paragraph:
"The homestead exemption herein provided for shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education."

FRIDAY, FEBRUARY 10, 1950

1371

Section II. 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 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 the Fulton County School District, for two months previous to the time of holding the next general election at which 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 proposed amendment to the Constitution shall have written or printed on their ballots the words :

"For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption from taxation shall not apply to the assessment and collection of taxes for the support and maintenance of education in Fulton 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 VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption from taxation shall not apply to the assessment and collection of taxes for the support and maintenance of education in Fulton County."

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 the Fulton County School District, 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 VII, Section I, Paragraph IV, of the Constitution of the 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:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes
Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton
LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

1372

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 179. By Messrs. Alverson, Smith and Walton of Fulton:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 so as to authorize the General Assembly to require the tax receiver, the tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
SECTION 1.
That the Constitution of Georgia of 1945 be amended by adding to Paragraph VI, Section I, Article XI the following words:
"Provided, however, that the General Assembly of the state shall have the authority to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention of a percentage of such collections as compensation for such services."
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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 authorizing the General Assembly to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta and to retain a percentage of such collections as compensation for such services," and the words, "Against ratification of the amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 authorizing the General Assembly to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta and to retain a percentage of such collections as compensation for such services." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, the County of Fulton and the City of Atlanta, said amendment shall become a part of Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, FEBRUARY 10, 1950

1373

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:

Ans1ey Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 181. By Messrs. Alverson, Smith and Walton of Fulton:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta the homestead, not to exceed $2,000.00, on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section I, Paragraph IV the following words:
"Provided, however, that the General Assembly may, by law, exempt from taxation by the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Atlanta actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such but not to exceed $2,000.00 of its value, provided, the General Assembly at the same time shall provide for the assessment, levy and collection by the City of Atlanta of an ad valorem tax on all real and personal property within the corporate limits of said city, which is subject to taxation under the Constitution, sufficient to make up any loss from the exemption herein authorized."
SECTION 2. Be it further enacted that when this amendment shall

1374

JOURNAL OF THE SENATE,

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 as required by law and submitted to the qualified voters of Georgia and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia, 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00 on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption," and the words, "Against ratification of the amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia, 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00 on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia and the City of Atlanta, said amendment shall become a part of Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945.

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

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.

FRIDAY, FEBRUARY 10, 1950 HR 77. By Messrs. Alverson, Smith and Walton of Fulton:

1375

A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945 which will provide that the governing authorities of Fulton County may appropriate, budget and disburse county funds for the support of any institution within the limits of such county which is owned by the State of Georgia or any agency thereof; 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 VII, Section V, Paragraph I of the Constitution of Georgia of 1945 be, and the same is, hereby amended by adding thereto the following: "provided, however, that the governing authorities of Fulton County shall be authorized to appropriate, budget and disburse county funds for the support of any institution within the limits of such county which is owned by the State of Georgia or by any agency thereof."

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 V, Paragraph I of the Constitution, authorizing Fulton County to contribute to the support of state-owned institutions within its limits," 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 V, Paragraph I of the Constitution authorizing Fulton County to contribute to the support of state-owned institutions within its limits." If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 and the Governor shall make a proclamation thereof 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:

1376

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes
Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey
Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 182. By Messrs. Alverson, Smith and Walton of Fulton:
AN ACT
Proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to provide that upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta.
Be it enacted by the General Asembly of the State of Georgia and it is hereby enacted by authority of the same:
SECTION 1. That the Constitution of Georgia of 1945 be amended by adding to Article VIII, Section V, Paragraph I, the following words: "Provided, however, that when the corporate limits of the City of Atlanta are extended into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta and shall cease to be a part of the school system of the county. The school property located within the area embraced in the extension shall become the property of the City of Atlanta."
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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, 1945, providing that upon extension of the corporate limits of the City of Atlanta

FRIDAY, FEBRUARY 10, 1950

1377

into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta, and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta," and the words, "Against ratification of the amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, 1945, providing that upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta, and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, said amendment shall become a part of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster
Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey
Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HB 969. By Messrs. Alverson, Smith and Walton of Fulton:

AN ACT
To amend Section 114-101 of the Code of Georgia of 1933 as amended by the Act of March 20, 1943 (Georgia Laws, 1943, p. 401) to carry out as to all counties in the State having a population in excess of 300,000 the authority contained in Article VII, Section IV, Paragraph I, of the Constitution of 1945 which extended authority to the General Assembly to delegate to any county the right to levy taxes "to provide for workmen's compensation and retirement or pension funds for officers and employees"; to reinstate as the law of this state, so far as relates to such

1378

JOURNAL OF THE SENATE,

counties, the provisions of the said Section 114-101 of the Code of 1933 as amended which had been held unconstitutional prior to the adoption of the Constitution of 1945; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same:

SECTION I.
That Section 114-101 of the Georgia Code of 1933 as amended by the Act of 1943 (Georgia Laws 1943, p. 401) is hereby amended by adding the following paragraph thereto as follows:

In every county in the State of Georgia having a population of 300,000 or more according to the present or any future United States census, the term "employee" shall include all political divisions of the State of Georgia, including school districts and any other area whose management and operation for educational purposes is under the control and direction of the county board of education of such county.

SECTION II.
The said amendment is added to the said section for the purpose or reinstating as the law of this state in such counties the provisions of the said act which had been held to be unconstitutional prior to the adoption of the Constitution of 1945 and which provisions are now made constitutional by the adoption of the said Constitution which extends authority to the General Assembly to delegate to any county the right to levy taxes "to provide for workmen's compensation and retirement or pension funds for officers and employees".

SECTION III.
All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

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

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

FRIDAY, FEBRUARY 10, 1950

1379

HR 180. By Messrs. Alverson, Walton and Smith of Fulton:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia of 1945, so as to provide that if the corporate limits of the City of Atlanta are extended, the City of Atlanta shall assume and pay a proportionate part of the Fulton County School District bonds.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section VII, Paragraph I, the following words:
"Except that if the corporate limits of the City of Atlanta are extended, the City of Atlanta shall assume that portion of the Fulton County School District bonded indebtedness created prior to the year 1950 and outstanding at the time of such extension as the taxable value of property in the annexed area, subject to taxation for bond purposes, bears to the whole taxable value of property in said school district at the time of annexation or extension, and such liability so assumed shall be liquidated by the City of Atlanta levying a uniform ad valorem tax throughout said City for the purpose of producing funds to pay said principal of and interest on its determined proportionate liability; provided, however, that nothing herein contained shall be construed as affecting the rights of any holder of Fulton County School District Bonds. The amount to be paid to the said school district shall be determined annually and included in the City of Atlanta's annual budget and necessary taxes assessed at the uniform rate throughout the entire area of the City of Atlanta as extended for the aforementioned purpose, and the sums required to meet the city's liability to the said school district shall be paid to the secretary of the Fulton County Board of Education on or before December 31 in each year during the life of any bonds of the said school district created prior to the year 1950 and outstanding."
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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia, 1945, requiring the City of Atlanta to assume and pay a proportionate part of the Fulton County School District Bonds upon extension of the corporate limits," and the words, "Against ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia, 1945, requiring the City of Atlanta to assume and pay a proportionate part of the Fulton County School District bonds upon extension of the corporate limits." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945.

1380

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Dykes Eve Florence Foster Garrett Gary

Grayson Harris Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Newton

Pilcher Pittman Rackley Roddenberry Rowland Saunders Sims Staten Swint Turner Ursrey Williams Wright

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HB 1048. By Messrs. Howard, Hubert and McWhorter of DeKalb:

A bill to carry into effect Paragraph One, Section Three, Article Six of the Constitution to add one additional Judge of the Superior Court 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.

Senator Blalock of the 36th 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:

Ansley Boyett Bryant Clary Cochran Davis Eve Foster Garrett Gary Harrison

Higginbotham Housley Jones Land, 24th LeCraw Mason Massey Newton Overby Pilcher Pittman

Purdom Rackley
Roddenberry Rowland Saunders Sims Stark Staten Turner Ursrey Williams

Those voting in the negative were Senators:

Blalock Daniel Harris

Land, 51st Layton Lunsford

Swint Wright

On the passage of the bill, the ayes were 33, nays 8.

FRIDAY, FEBRUARY 10, 1950

1381

The following resolution was read by the secretary:

SR 99. By Senator Lunsford of the 9th:
A resolution requesting state censorship of any pictures which carry the names of Ingrid Bergman or Rosselini or any alias they may adopt; and for other purposes.
On the adoption of the resolution, the ayes were 23, nays 16, and the resolution was adopted.
Senator Williams of the 29th asked unanimous consent that the following resolution be withdrawn from the Committee on Amendments to the Constitution, read the second time and recommitted:

HR 83. By Messrs. Kidd and Jennings of Baldwin:
A resolution proposing to the qualified voters an amendment to provide for the division of Baldwin County into school districts; and for other purposes.
The consent was granted.
Senator Cochran of the 7th asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted :

HR 163. By Mr. Salter of Upson:
A resolution to compensate Mrs. Martha Ellington for damages to her automobile resulting from an accident when hit by a car owned by the Department of Public Safety; and for other purposes.
The consent was granted.
The following general bills and resolutions were read the third time and put upon their passage:

SB 231. By Senator Overby of the 33rd:
A bill to amend an act known as "Eggs; Marketing Regulations," as amended March 8, 1937 (Ga. Laws 1937, p. 639) by inserting a section 2 in lieu of the section 2 which was stricken by providing that containers of one half dozen or more eggs offered for sale in Georgia which were shipped or transported from without the state, shall be marked "Shipped" with date and place of production, size and grade of the eggs and the letters "Cold Storage" or "Processed" if either is the case; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd asked unanimous consent that SB 231 be immediately transmitted to the House, and the consent was granted.

1382

JOURNAL OF THE SENATE,

HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and Gross of Stephens:

A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the Western & Atlantic railroad; and for other purposes.

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

Senator Pilcher of the 19th 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:

Ansley Blalock Boyett Cochran Dykes Florence

Garrett Gary Grayson Harris Jones Land, 51st

Layton LeCraw Lunsford Pilcher Saunders

Those voting in the negative were Senators:

Ayers Bryant Clary Daniel Davis Foster Harrison Higginbotham Housley

Land, 24th Mason Massey McCoy Newton Peterson Pittman Purdom Rackley

Rich Rowland Sims Swint Tarver Williams Wright Zellner

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

On the passage of the bill, the ayes were 17, nays 26.

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 disagreed to the Senate amendments to the following bills of the House, to wit:
HB 955. By Mr. Summerour of Dawson:
A bill to repeal an act which abolished the office of county treasurer of Dawson County, and provided the manner in which funds of such county could be disbursed; and for other purposes.

FRIDAY, FEBRUARY 10, 1950

1383

HB 1032. By Mr. Summerour of Dawson:
A bill to amend section I of an act approved February 25, 1949, providing for the terms of the Superior Court of Dawson County; and for other purposes.

The House has disagreed to Senate amendments to the following bills of the House, to wit:

HB 929. By Mr. Summerour of Dawson:
A bill to amend an act "to create a board of commissioners of roads and revenues for the County of Dawson; and for other purposes.

HB 1004. By Mr. Witherington of Echols:
A bill to amend an act of the Georgia Legislature of 1945 entitled "An act to provide for the division of Echols County into three commissioner's districts; and for other purposes.

HB 506. By Mr. Gross of Stephens:

A bill to provide a motor vehicle title law for Georgia; and for other purposes.

Senator Cochran of the 7th moved that HB 506 be indefinitely postponed.

On the motion to postpone, the ayes were 17, nays 21, and the motion was lost.

Senator LeCraw of the 52nd moved that HB 506 be postponed until tomorrow morning.

On the motion to postpone, 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:

Ansley Cochran Davis Foster Housley Jones Land, 51st

Layton LeCraw Mason Massey Overby
Pittman Rackley

Rich Rowland Sims Stark Tarver Williams Zellner

Those voting in the negative were Senators:

Ayers Blalock Boyett Bryant Daniel Dykes Eve Florence

Garrett Grayson Harris Harrison Higginbotham Land, 24th Lunsford McCoy

Peterson Pilcher Purdom
Saunders Turner Ursrey Wright

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

1384

JOURNAL OF THE SENATE,

On the motion to postpone, the ayes were 21, nays 23, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Pilcher of the 19th 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:

Ansley Ayers Boyett Bryant
Daniel Dykes
Eve Florence Garrett Grayson

Harris Harrison Higginbotham Housley Land, 24th Lunsford Mason McCoy Overby Peterson

Pilcher Purdom Saunders Turner Ursrey Wright Zellner

Those voting in the negative were Senators:

Blalock Cochran Davis
Foster Jones Land, 51st

Layton LeCraw Massey Pittman Rackley Rich

Rowland Sims Stark Tarver Williams

The roll call was verified.

On the passage of the bill, the ayes were 28, nays 17.

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

Senator Housley of the 32nd moved that the Senate insist on its position on the following bills of the House and that a conference committee be appointed, the same committee to act for all three bills.

HB 955. By Mr. Summerour of Dawson:
A bill to repeal an act which abolished the office of county treasurer of Dawson County, and provided manner in which funds of county could be disbursed; and for other purposes.
HB 929. By Mr. Summerour of Dawson:
A bill to amend an act to create a board of commissioners of roads and revenues for the County of Dawson; and for other purposes.
HB 1032. By Mr. Summerour of Dawson:
A bill to amend an act providing for the terms of the Superior Court of Dawson County; and for other purposes.
On the motion, the ayes were 28, nays 0.

FRIDAY, FEBRUARY 10, 1950

1385

The motion prevailed, and the President appointed on the part of the Senate as a Committee of Conference, Senators Foster of the 40th, Rackley of the 41st, and Pittman of the 42nd.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 213. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah affecting the pension system; and for other purposes.
The House amendments were as follows:
By Messrs. McGee, Hood and Page of Chatham:
Amend SB 213 by adding a new paragraph to section 4 to read as follows:
"Be it further enacted that the maximum pension of $100.00 heretofore established by an amendment to the charter of the mayor and aldermen of the City of Savannah is hereby repealed and the maximum pension is hereafter fixed in the amount of $150.00 per month."
"Be it further enacted that there is hereby created a minimum amount of pension to be received by the pensioned employees of the Mayor and Aldermen of the City of Savannah. Said amount of pension is hereby fixed at a sum not less than $75.00 per month."
"Be it further enacted that the Mayor and Aldermen are hereby required to keep all contributions of city employees to the pension fund in a separate fund segregated from the other funds of the Mayor and Aldermen of the City of Savannah, and shall use the same only for the purpose of paying pensions and otherwise conforming to the existing pension laws of the Mayor and Aldermen of the City of Savannah. Said pension fund is hereby expressly described to be a trust fund as defined by the laws of this state and to be used for the exclusive purpose of administering the provisions of the existing pension laws."
By striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows:
"Section 3. Be it further enacted that all laws and parts of laws and all charter provisions of the Mayor and Aldermen of the City of Savannah and all amendments thereto in conflict with the provisions of this act be and the same are hereby expressly repealed. It being the intent of this act that if there is any doubt as to the validity of any portion of this act as compared with or be in conflict with any other provisions of the Charter of the Mayor and Aldermen of the City of Savannah, that the doubt shall be construed in favor of the provisions of this Act."
Senator Grayson of the 1st moved that the Senate disagree to the House amendments, and that a committee of conference be appointed.
On the motion, the ayes were 28, nays 0.
The motion prevailed, and the President appointed on the part of the Senate as a Committee of Conference: Senators Grayson of the 1st, Pilcher of the 19th, and Eve of the 18th.

1386

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 185. By Senator Zellner of the 22nd:
A bill to govern and regulate sale and inspection, importation and distribution of all fluid milk for human consumption; and for other purposes.

The House amendments were as follows:
By Mr. Campbell of Oconee:
Amend SB 185 by striking from the caption thereof the word "to provide for pasteurization to be governed by each municipality" and substituting in lieu thereof the words "to authorize municipalities, cities, towns and counties to prescribe standards."
And by striking the words "United States Public Health Ordinance Code" in Section 2 thereof and substituting in lieu thereof the words "United States Public Health Service Milk Ordinance and Code."
By Mr. Hubert of DeKalb:
Amend SB 185, Section 5, by striking the said Section 5 of said amendment and substituting therefor a new section to be known as Section 5 which will read as follows:
SECTION 5.
It is hereby declared to be the purpose of this act that all standards for milk sold for human consumption in this State shall be not lower than those standards set forth in the United States Public Health Milk Ordinance and Code. All municipalities, towns and counties in the State shall have the power and authority, by ordinance or otherwise, to set up standards for the production, processing and sale of all milk and milk products sold within their limits which ordinances or regulations shall be not lower than those herein set out, including ordinances or regulations requiring the pasteurization of all milk or milk products sold within their limits for human consumption; shall have the power and authority to cause inspections to be made as provided by said ordinances or regulations; to suspend; cancel or revoke the permit or license of any person, firm, or corporation doing business within their limits who violates any provision of this Act, or ordinance or regulation made pursuant thereto. The Commissioner of Agriculture shall have the power and authority to promulgate rules and regulations, not lower than the standards herein set out, in any municipality, town or county that has no such regulations and to enforce the same by inspection or otherwise.
It is further provided that nothing in this section shall be construed as limiting the authority of the Commissioner of Agriculture to make rules and regulations covering standards of milk and milk products shipped into this State from another State.
Senator Zellner of the 22nd moved that the Senate disagree to the House amendments, and that a committee of conference be appointed.
On the motion, the ayes were 28, nays 0.

FRIDAY, FEBRUARY 10, 1950

1387

The motion prevailed, and the President appointed on the part of the Senate as a committee of conference: Senators Zellner of the 22nd, Tarver of the 48th, and Ursery of the 54th.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 178. By Senator Pilcher of the 19th:
A bill to amend an act approved March 9, 1945, as amended, entitled "An act to provide for the creation of the office of judge of the superior court, emeritus; and for other purposes.
The House substitute was as follows:
By Messrs. Howard and Hubert of DeKalb:
A BILL
To be entitled an act to amend an act approved March 9, 1945, as amended (Georgia Laws 1945, pages 362-366; Georgia Laws 1946, pages 228230) entitled "An Act to provide for the creation of the office of Judge of the Superior Court, Emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to create the Superior Court Judges Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes," so as to make further and additional provisions for the eligibility of persons for such office; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION 1.
That Section 2 of the Act approved March 9, 1945 (Georgia Laws 1945, pages 362-366) as amended by the Act approved February 1, 1946 (Georgia Laws, pages 228-230), be and the same is hereby amended by inserting between the word "years" and the word "or" in the fifth line of said Section the language "or who shall have been in service for thirty (30) years as Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court," so that said Section as amended shall read as follows:
"Section 2. Any person who has served as Judge of the Superior Court of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in service as a Judge of the Superior Court of this State for twenty (20) years, or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court, or who has already been in service for twenty (20) years as a Judge of the Superior Court of this State at the date of the approval of said Act, on March 9, 1945,

1388

JOURNAL OF THE SENATE,
and who is still in service as such officer, regardless of age, shall be eligible for appointment to the office of Judge of the Superior Courts, Emeritus."

SECTION 2.
That Section 10 of said Act be and the same is hereby amended by adding thereto the following:
"Provided that any Judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a Judge of the Superior Court, Emeritus, and who shall not have made any payments to the Superior Court Judges Retirement fund of Georgia at the time of the passage of said amendment shall be required to pay into the said Fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said Judge may be appointed as Judge of the Superior Courts, Emeritus," so that said Section as amended shall read as follows:
"SECTION 10. All Judges of the Superior Court shall be permitted to pay into said Fund the amount of five per cent of the salaries paid to said Judge by the State of Georgia and any of said Judges who makes payment to this Fund shall be eligible to retire from office as Judge Emeritus at a salary of two-thirds of the salary paid to said Judge by the State of Georgia provided he meets the following two conditions: (a) He has reached the age of seventy years and (b) he has for a period of twenty years made payments to said Fund at the rate herein specified. However, all Judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at two-thirds the salary paid by the State to said Judges, provided said Judges have served for twenty years and shall have made payments to said Fund at the rate therein specified until they reach the age of seventy years, said payments to commence from the effective date of this Act. Provided that any Judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a Judge of the Superior Courts, Emeritus, and who shall not have made any payments to the Superior Court Judges Retirement Fund of Georgia at the time of the passage of said amendment shall be required to pay into said Fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said Judge may be appointed as Judge of the Superior Courts, Emeritus."

SECTION 3.
That Section II of said Act as amended by the Act approved February 1, 1946 (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the word "courts" and the word "or" in the fourth line of said Section the language "or who" shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and that as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court," so that said Section as amended shall read as follows :
"SECTION II. All Judges of the Superior Courts who have attained the age of seventy years and have served twenty years as a Judge of the Superior Courts, or who shall have been in service for thirty (30) years

FRIDAY, FEBRUARY 10, 1950

1389

as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and that as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court, or who have already been in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for Superior Court Judges
existing at the time of their retirement."

SECTION 4.
That Section 12 of said Act as amended by the Act approved February 1, 1946 (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the word "years" and the word "or" in the fourth line of said Section the language "or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court," so that said Section as amended shall read as follows:
"SECTION 12. No Judge shall be eligible for benefits under this Act unless he shall have served twenty years as a Superior Court Judge and shall have attained the age of seventy years, or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court or unless he has already been in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, regardless of age. In computing twenty years, the entire year in which a Judge becomes seventy years of age shall be computed as a part of said twenty years."

SECTION 5.
Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
Senator Overby of the 33rd moved that the Senate disagree to the House substitute and that a committee of conference be appointed.
On the motion, the ayes were 28, nays 0.
The motion prevailed, and the President appointed on the part of the Senate as a committee of conference: Senators Overby of the 33rd, Pilcher of the 19th, and Tarver of the 48th:

HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, and Gross of Stephens:
A bill to amend an act entitled "An act to abolish the Agricultural and Industrial Development Board of qeorgia"; and for other purposes.

1390

JOURNAL OF THE SENATE,

Senator LeCraw of the 52nd offered the following amendment:
Amend HB 856 by adding to the first paragraph of section 2 at the end thereof the following words: "But not to exceed $7,000."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 30, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners," to provide for the qualifications of the members of said board; and for other purposes.

Senator Harrison of the 17th offered the following amendment:

Amend HB 600 as follows: "Nothing in this Act shall be construed to allow, permit or license those practicing naturopathy in the State of Georgia to perform surgery of any kind or description, or to prescribe any drug, medicine, narcotics or other remedies whereby a prescription is required. Should any member of this profession, upon trial and conviction of the violation of any of the terms of this Act, and especially the prohibitions named therein, the practitioners shall immediately have his license revoked and be punished as for a misdemeanor. Those practicing naturopathy in this state shall not be deemed or designated as doctors or physicians, except as provided herein."

The amendment was adopted.

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

Senator LeCraw 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:

Ayers Boyett Brooks Clary Cochran Davis Dykes Eve Florence Garrett

Grayson Harrison Jones Land, 51st Layton Lunsford Mason Massey Pilcher Purdom

Rackley Roddenberry Stark Swint Tarver Ursrey Zellner

FRIDAY, FEBRUARY 10, 1950

1391

Those voting in the negative were Senators:

Blalock Bryant Daniel Foster Gary Harris

Housley Land, 24th LeCraw McCoy Overby Peterson

Pittman Rich Rowland Sims Williams Wright

The roll call was verified.

On the passage of the bill, the ayes were 28, nays 18.

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

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House insists on its position to HB 955 and the Speaker has appointed as a committee of conference on the part of the House, the following members of the House, to wit: Messrs. Holloway of Schley, Abney of Walker, and Summerour of Dawson.
The House insists on its position to HB 1032 and the Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to wit: Messrs. Holloway of Schley, Abney of Walker, and Summerour of Dawson.
The House insists on its position to HB 929 and the Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to wit: Messrs. Holloway of Schley, Abney of Walker, and Summerour of Dawson.
The House insists on its position to SB 213 and the Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to wit: Messrs. Page, Hood and McGee of Chatham.
The House insists on its position to SB 185 and the Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to wit: Messrs. Campbell of Oconee, Gross of Stephens, and Williams of Jones.
The House insists on its position to SB 178 and the Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to wit: Messrs. McCracken of Jefferson, McMillan of Washington, and Hubert of DeKalb.
Senator Staten of the 6th moved that the Senate recede from its position in amending the following bill .of the House:
HB 1004. By Mr. Witherington of Echols:
A bill to amend an act to provide for the division of Echols County into three commissioner's districts; and for other purposes.
On the motion to recede, the ayes were 28, nays 0, and the motion prevailed.

1392

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th asked unanimous consent that the following bill be withdrawn from the Committee on Appropriations, read the second time and recommitted:

HB 1037. By Messrs. Hill of Meriwether, Gross of Stephens and Twitty of Mitchell:
A bill to amend an act so as to increase the appropriation provided for the cost of operating the state prison institution system; and for other purposes.
The consent was granted.

Senator Purdom of the 46th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted :
HB 869. By Mr. Gross of Stephens:
A bill to amend the General Appropriations Act of 1949 by appropriating an additional $150,000 to be used for farmers markets, operations; and for other purposes.
The consent was granted.

The following conference committee report was read by the Secretary:
The President of the Senate, The Speaker of the House :
Your committees for conference on HB 458 report as follows:
Your committees recommend that the Senate amendments offered by Senator Smith of the 37th and Senator Land of the 24th be adopted and the Senate amendment offered by Senator Clary of the 29th be stricken from the bill.
Respectfully submitted,
Overby of the 33rd, Eve of the 18th, Grayson of the 1st,
On the part of the Senate
Davis of Bartow, Myers of Sumter, Gowen of Glynn,
On the part of the House
Senator Overby of the 33rd moved that the conference committee report be adopted.
On the motion, the ayes were 31, nays 0, and the conference committee report was adopted.

FRIDAY, FEBRUARY 10, 1950

1393

The following conference committee report was read by the Secretary:
Mr. President:
The Committee on Conference appointed by the House and Senate to confer on SB 178 begs to make the following report:
The Committee recommends that the House and Senate both recede from their former positions and adopt the following substitute.
Respectfully submitted,
Pilcher of the 19th, Overby of the 33rd, Tarver of the 48th,
On the part of the Senate

McCracken of Jefferson, Hubert of DeKalb, McMillan of Washington,
On the part of the House

A BILL
To be entitled an Act to amend an Act approved March 9, 1945, as amended (Georgia Laws 1945, pages 362-366; Georgia Laws 1946, pages 228230) entitled "An Act to provide for the creation of the Office of Judge of the Superior Court, Emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to create the Superior Court Judges Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes", so as to make further and additional provisions for the eligibility of persons for such office; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

SECTION 1.
That Section 2 of the Act approved March 9, 1945 (Georgia Laws 1945, pages 362-366) as amended by the Act approved February 1, 1946 (Georgia Laws, pages 228-230) , be and the same is hereby amended by inserting between the word "years" and the word "or" in the fifth line of said Section the language "or who shall have been in service for thirty (30) years as Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court", so that said Section as amended shall read as follows:
"Section 2. Any Judge of the. Superior Court of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in service as a Judge of the Superior Court of this State for twenty (20) years, or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of

1394

JOURNAL OF THE SENATE,
the Superior Court, or who has already been in service for twenty (20) years as a Judge of the Superior Court of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible for appointment to the office of Judge of the Superior Court, Emeritus."
SECTION 2.
That Section 10 of said Act be and the same is hereby amended by adding thereto the following:
"Provided that any Judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a Judge of the Superior Court, Emeritus, and who shall not have made any payments to the Superior Court Judges Retirement Fund of Georgia at the time of the passage of said amendment shall be required to pay into the said Fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said Judge may be appointed as Judge of the Superior Courts, Emeritus", so that said Section as amended shall read as follows:
"SECTION 10. All Judges of the Superior Court shall be permitted to pay into said Fund the amount of five per cent of the salaries paid to said Judge by the State of Georgia and any of said Judges who makes payment to this fund shall be eligible to retire from office as Judge Emeritus at a salary of two-thirds of the salary paid to said Judge by the State of Georgia provided he meets the following two conditions : (a) He has reached the age of seventy years and (b) he has for a period of twenty years made payments to said Fund at the rate herein specified. However, all Judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at two-thirds the salary paid by the State to said Judges, provided said Judges have served for twenty years and shall have made payments to said Fund at the rate therein specified until they reach the age of seventy years, said payments to commence from the effective date of this Act. Provided that any Judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a Judge of the Superior Courts, Emeritus, and who shall not have made any payments to the Superior Court Judges Retirement Fund of Georgia at the time of the passage of said amendment shall be required to pay into said Fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said Judge may be appointed as Judge of the Superior Courts, Emeritus."
SECTION 3.
That Section II of said Act as amended by the Act approved February 1, 1946 (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the word "courts" and the word "or" in the fourth line of said Section the language "or who" shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct "to the Court of Appeals of this State and that as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court", so that said Section as amended shall read as follows :
"SECTION II. All Judges of the Superior Courts who have attained the age of seventy years and have served twenty years as a Judge of the

FRIDAY, FEBRUARY 10, 1950

1395

Superior Courts, or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and that as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court, or who have already been in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for Superior Court Judges existing at the time of their retirement."

SECTION 4.
That Section 12 of said Act as amended by the Act approved February 1, 1946 (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the word "years" and the word "or" in the fourth line of said Section the language "or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court", so that said Section as amended shall read as follows:
"SECTION 12. No Judge shall be eligible for benefits under this Act unless he shall have served twenty years as a Superior Court Judge and shall have attained the age of seventy years, or who shall have been in service for thirty (30) years as a Judge of the City Court from which appeals can be taken direct to the Court of Appeals of this State and as Judge of the Superior Court, provided that at least twelve (12) years shall have been served as Judge of the Superior Court or unless he has already been in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service .as such "officer, regardless of age. In computing twenty years, the entire year in which a Judge becomes seventy years of age shall be computed as a part of said twenty years."

SECTION 5.
Be it further enacted by the authority aforesaid that any person who has prior to the passage of this Act served continuously as Judge of the Superior Court for a period of twenty-five years shall be eligible for appointment as a Judge of the Superior Courts, Emeritus, and shall be so appointed by the Governor upon his written application for such appointment and upon his appointment shall receive from the State of Georgia an annual salary equal to two-thirds of the salary provided by law to be paid by the State of Georgia to a Judge of the Superior Court at the time of the appointment of such Judge of the Superior Courts, Emeritus. Such person shall not be required to make any payments into the Superior Court Judges' Reteirement Fund of Georgia.

SECTION 6.
Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

1396

JOURNAL OF THE SENATE,

Senator Pilcher of the 19th moved that the Senate adopt the conference committee report.
On the motion, the ayes were 35, nays 0, and the report was adopted.
The following bill was taken up for the purpose of considering a House substitute thereto:

SB 237. By Senator Florence of the 39th:
A bill to create the office of the commissioner of roads and revenues for Douglas County; and for other purposes.
The House substitute was as follows:
By Mr. Waldrop of Douglas:
A BILL
To be entitled an Act to create a Board of Commissioners of Roads and Revenues for Douglas County; to provide for the election of the members; to provide for salaries; to provide for a clerk; to provide for power and duties; to make certain provisions concerning the effective date of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

SECTION I.
That there is hereby created a Board of Commissioners of Roads and Revenues for Douglas County to consist of three members.

SECTION II.
That in order to be eligible to serve on said Board such person shall have resided in Douglas County for a period of five years and shall be qualified to vote for members of t~e General Assembly.

SECTION III.
That the first election for members of said Board shall be held in 1952 and the terms of the members elected at that time shall begin January 1, 1953. The members shall be elected at the same time as members of the General Assembly are elected and in the same manner as county officers are elected. The terms of the members shall be two years.

SECTION IV.
That for the purposes of electing such members the County of Douglas shall be divided into two Commissioner's Districts. One district shall be composed of the militia districts of Douglasville, Connors and Lithia Springs and shall be known as "Commissioner's District No. 1." The other district shall be composed of the militia districts of Chapel Hill, Chestnut Log, Fair-Play Crumbies and Middle and shall be known as "Commissioner District No. 2." One member shall be elected from District No. 1 and shall be a resident of said district and shall be voted upon only by the voters of said district. One member shall be elected from District No. 2 and shall be a resident of said district and shall be voted upon only by the voters of said district. The remaining member shall be

FRIDAY, FEBRUARY 10, 1950

1397

elected from the county at large and shall be voted upon by the voters of the entire county. This member shall be the Chairman of said Board and when qualifying shall signify that he is a candidate for Chairman of the Board of Commissioners of Roads and Revenues for Douglas County.

SECTION V.
That no successors shall be elected to fill the offices of the five members of the present nine-member Board whose terms expire December 31, 1950. The remaining four members of the present Board shall serve until the expiration of their terms on December 31, 1952. These four members shall elect a Chairman and should a tie vote occur, then the first session of the grand jury in 1951, shall be entitled to elect the Chairman.

SECTION VI.
That before entering upon the discharge of their duties, the members shall subscribe to the oath required by law for county officers before the Ordinary of said County and shall give bond with good security in the amount of ten thousand dollars ($10,000.00) conditioned for the faithful perforomance of their duties as members of said Board. Said bond shall be approved by the Ordinary of said County and made payable to the Ordinary of said County for the use and benefit of said County. The premium on said bond shall be paid out of the general funds of Douglas County.

SECTION VII.
That the compensation of the Chairman of said Board shall be fixed by the other two members which will not be less than two thousand dollars ($2,000.00) and not to exceed twenty-five hundred dollars ($2,500.00) per annum, which shall be paid monthly out of the general funds of said County. The Chairman shall be required to devote his full time to the duties of his office. The other two members of said Board shall be compensated in the amount of four hundred dollars ($400.00) per annum which shall be paid monthly out of the general funds of said County.
SECTION VIII.
That said Board shall hire a Clerk and fix compensation therefor not to exceed one thousand dollars ($1,000.00) per annum to be paid monthly out of the general fund of said County and it shall be his duty to attend all meetings of said Board and to keep a correct record of the same; to prepare all warrants for the payment of funds, and keep a record thereof; and to perform such other duties as may from time to time be prescribed by said Board.
SECTION IX.
That said Board shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the County according to law; in levying taxes according to law; in supervising tax commissioner's books and allowing insolvent lists of said County, and he shall have the right to inspect, or have inspected any office and records of any county officer at any time, having authority to employ a competent person or firm to do said work and to fix reasonable

1398

JOURNAL OF THE SENATE,

compensation therefor; in settling all claims against the County, examining and auditing all claims and accounts of officers having care, management, keeping, collecting or disbursement of any money belonging to the County or appropriated for its use or benefit and bring them to settlement; in making rules and regulations for the support of the poor of said County, and for the promotion of health; in electing and appointing all officers of said County where election is not otherwise provided by law; in regulating peddling, and to have and exercise all the powers heretofore vested in the Ordinary of said County when sitting for County purposes; and to exercise such other powers as are granted by law, or are indispensable to the jurisdiction of said Board over all County matters and finances.

SECTION X.
That it shall be the duty of the Board to prepare and submit to the first session of the Grand Jury each year a full and complete statement of the finances of the County and said statement shall be made and submitted in such a manner and form that any taxpayer of the County may readily see and be advised of the costs of the County government in every branch thereof, which statement shall be subscribed and sworn to by the Chairman of the Board. Said statement shall be published annually in the official organ of Douglas County.

SECTION XI.
That the Board shall meet on the first Tuesday of each month and the Chairman is hereby authorized to call special meetings when in his discretion he deems it necessary.

SECTION XII.
That should a vacancy occur on said Board for any reason whatsoever, the Ordinary of said County is hereby authorized to appoint a successor to fill the unexpired term.

SECTION XIII.
That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senator Florence of the 39th moved that the Senate agree to the House substitute.
On the motion to agree, the ayes were 28, nays 0, and the substitute was agreed to.

HB 1078. By Messrs. Ellis of Coffee and Henderson of Atkinson:
A bill to create a division of office of Secretary of State to be known as Georgia State Museum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 10, 1950

1399

HB 1080. By Messrs. Henderson of Atkinson, Ellis of Coffee and Tillman of Appling:
A bill to amend the General Appropriations Act by providing for an appropriation for Georgia State Museum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Boyett Brooks Bryant Clary Cochran Daniel Davis Eve Florence Foster Garrett Harrison

Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey Overby Peterson Pilcher

Pittman Purdom Rackley Rich Rowland Sims Swint Tarver Turner Ursrey Williams Zellner

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

On the passage of the bill, the ayes were 36, nays 0.

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

HB 912. By Messrs. Matthews and Baker of Clarke and Campbell of Oconee:
A bill to supplement salary of judge of Superior Court of the Western Circuit so as to allow expenses for clerical help; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 478. By Mr. Gross of Stephens:
A bill to fix the compensation of reporters and assistant reporters of Superior Court and Court of Appeals; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.

1400

JOURNAL OF THE SENATE,

HB 965. By Messrs. Smith of Emanuel and Smith of Fulton:
A bill to authorize withholding of portions of salary of state, county, and city employees for purchase of United States savings bonds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1022. By Mr. McCracken of Jefferson:
A bill to amend Code section 92-4101 so that section as amended shall provide "Tax over one-half of one percent" for "ordinary current expenses" is prohibited from being levied by municipalities by adding the word "Augusta" and the town of Bartow; and for other purposes.

Senator Pilcher of the 19th offered the following amendment:
Amend HB 1022 by adding the City of Warrenton to the list of cities exempt in section I in said act.
The amendment was adopted.

Senator Purdom of the 46th offered the following amendment:
Amend HB 1022 by adding the City of Blackshear to the list of cities exempt in section I in said act.
The amendment was adopted.

Senator Harrison of the 17th offered the following amendment:
Amend HB 1022 by adding the City of Millen to the list exempted in section I in said 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 191. By Messrs. Howard of DeKalb, Meeks of Union and Walton of Fulton:
A bill to amend an "act to reorganize State Department of Law" by repealing Code section 40-1607, 1608, 1609, relating to Department of Law so that salaries shall be increased; and for other purposes.
The report 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.

FRIDAY, FEBRUARY 10, 1950

1401

HB 485. By Messrs. Willis of Thomas, Buice of Camden, Adams of Brantley and Wooten.of Jeff Davis:
A bill to amend an act of December 21, 1938, entitled "widows of veterans section 78-204" by providing for pensions to be paid to widows who were married prior to January 1, 1945; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 151. By Messrs. Langdale and Mathis of Lowndes, Hopkins of Charlton and Hinson of Ware:
A resolution to provide that the Governor be authorized to execute deed conveying fractional lot 75 in lOth district 1st section of originally Appling County now Charlton County to T. A. Scott of Lowndes County for $1.00.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 166. By Mr. Kennedy of Tattnall:

A resolution, the Senate concurring, that the State Board of Corrections be authorized to pay the clerk of the Superior Court of Tattnall County $794.75 costs due in habeas corpus proceedings.

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

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

Those voting in the affirmative were Senators:

Blalock Boyett Brooks Bryant Clary Cochran Daniel Davis Eve Florence Foster Garrett

Grayson Harrison Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason McCoy Overby

Peterson Pilcher Pittman Purdom Rackley Saunders Sims Swint Turner Ursrey Williams Zellner

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

1402

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Clary of the 29th moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until 10 o'clock tomorrow morning.

SATURDAY, FEBRUARY 11, 1950

1403

Senate Chamber, Atlanta, Georgia, Saturday, February 11, 1950

The Senate met pursuant to adjournment this morning at 10 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the verification of the roll call was dispensed with.

Senator Tarver of the 48th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with.

Senator Pilcher of the 19th moved that the Senate reconsider its action in defeating the following bill of the House:
HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the Western & Atlantic railroad; and for other purposes.
On the motion to reconsider, the ayes were 28, nays 0.
By unanimous consent, the journal was confirmed.

Senator Pilcher of the 19th asked unanimous consent that the following be established as order of business for today:
1. Reports of standing committees.
2. Second reading of bills and resolutions, favorably reported by the committees.
3. Third reading and consideration of local uncontested bills and resolutions.
4. Third reading and consideration of general bills and resolutions as set by the Rules Committee.
The consent was granted.

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to wit:
SB 127. By Senator Clary of the 29th: A bill to extend the provisions of the Merit System Act, to include officials and employees of the State Department of Banking; and for other purposes.

1404

JOURNAL OF THE SENATE,

SB 125. By Senators Overby of the 33rd, Rich of the 8th, and Tarver of the 48th:
A bill to regulate trade practices in the business of insurance by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices; and for other purposes.

SB 138. By Senators Purdom of the 46th, Wright of the 5th, and others:
A bill to adjust and equalize the compensation to be paid to the court reporter of the Waycross Judicial Circuit; and for other purposes.
SB 173. By Senator Foster of the 40th:
A bill to authorize and empower the director of the State Game and Fish Commission to make and enter into agreements with North Carolina authorities whereby current fishing license will be accepted and honored reciprocally on Lake Chatuge; and for other purposes.

SB 193. By Senator Harrison of the 17th:
A bill to amend an act known as the Electric Membership Corporation Act to permit the division of corporation territory into districts for various purposes; and for other purposes.

SB 198. By Senators Overby of the 33rd, Dykes of the 14th, and Stark of the 35th:
A bill to extend the provisions of the Merit System Act to include the employees of the office of the State Supervisor of Purchases; and for other purposes.
SB 204. By Senators Overby of the 33rd and Blalock of the 36th:
A bill to amend chapter 22-5 of the Code of Georgia of 1933 by adding a new section to be known as 22-519, providing for amendments of charters of certificates of incorporation or railroad companies reorganized under the National Bankruptcy Act; and for other purposes.
SB 218. By Senators Smith of the 37th and Purdom of the 46th:
A bill to amend an act approved February 1, 1946, by repealing in its entiretey section 4 of said act providing for a new section 24-4301 relating to the law assistants of the supreme court; and for other purposes.
SB 222. By Senators Smith of the 37th and Purdom of the 46th:
A bill to amend an act approved January 31, 1946, to provide a new section 24-3508 relating to law assistants of the court of appeals; and for other purposes.
SR 66. By Senator Turner of the 34th:
A resolution authorizing the Governor to act for and on behalf of the State of Georgia to sell and dispose of a certain tract of land located in the 18th land district of DeKalb County; and for other purposes.

SATURDAY, FEBRUARY 11, 1950

1405

SR 53. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section VII of the Constitution authorizing the County of Chatham to issue bonds for equipping and building schools.

SR 55. By Senator Grayson of the 1st:
A resolution to amend Article 8, Section 12, paragraph 1 of the Constitution requiring the commissioners of Chatham County to levy additional taxes in Chatham County for the support and maintenance of education.

SR 57. By Senator Grayson of the 1st:
A resolution amending the Constitution creating industrial areas in Chatham County adjacent to City of Savannah.

The House has passed, as amended, by the requisite constitutional majority the following bills and resolutions of the Senate, to wit:
SB 192. By Senator Harrison of the 17th:
A bill providing for the formation of a nonprofit telephone cooperative corporation for the purpose of engaging in furnishing telephone service; and for other purposes.
SB 201. By Senators Land of the 24th, Smith of the 37th, and others:
A bill to amend an act approved March 27, 1941 (Georgia Laws 1941, page 300) known as the "Adoption Laws Revised"; and for other purposes.
SB 225. By Senator Smith of the 37th:
A bill to amend section 84-1401 of the Code of Georgia by changing the population figures contained therein; by granting the commission discretionary power to grant temporary brokers' licenses; and for other purposes.

Mr. Brooks of the 50th District, vice-chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under consideration the following resolution of the Senate and has instructed me, as vice-chairman, to report the same back to the Senate with the following recommendations:

SR 98. Do Not Pass.

Respectfully submitted, Brooks of 50th District, Vice-Chairman

1406

JOURNAL OF THE SENATE,

Mr. Ayers of the 13th 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 1126. Do Pass.

Respectfully submitted, Ayers of 13th District, Chairman

Mr. Higginbotham of the 31st 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 1110. Do Pass. HB 1066. Do Pass.

Respectfully submitted, Higginbotham of 31st District, Chairman

Senator Housley of the 32nd 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 Governor :

SB 170. SB 196. SR 68.

Respectfully submitted, Housley of 32nd District, Chairman

SATURDAY, FEBRUARY 11, 1950

1407

The following resolution was read and adopted:

SR 105. By Senator Pilcher of the 19th: A resolution, thanking Senator Rowland for his gifts to the Senators.

The following bills of the House, favorably reported by the committees, were read the second time :
HB 1110. By Mr. Adams of Polk: A bill to amend the charter of the City of Cedartown so as to change time for holding elections in said city; and for other purposes.
HB 1066. By Messrs. Hubert, Howard and McWhorter of DeKalb: A bill to amend an act creating new charter for the City of Decatur so as to extend corporate limits; and for other purposes.
HB 1126. By Messrs. Alverson, Walton and Smith of Fulton: A bill to authorize commissioners of roads and revenues in counties with 200,000 or more to pay sheriff an annual salary of not less than $8,000 nor more than $10,000 payable monthly; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 192. By Senator Harrison of the 17th:
A bill providing for the formation of non-profit telephone cooperative corporations; providing the rights, powers and duties of such cooperatives; provide classification with regard to jurisdiction of Public Service Commission; regulating the issuance of obligation by such cooperatives; providing classification of obligations and the membership certificates and shares of stock of such cooperatives with respect to regulations; authorizing construction, maintenance and operation of telephone lines; authorizing the power of eminent domain; and for other purposes.
The House amendment was as follows:
By Mr. Salter of Upson:
Amend SB 192 as follows:
In section 4 (j) line 3 of said bill, by striking the letter "s" off the word "pledges" so that word will read "pledge."
In section 23 (e) by striking the word "of" in line 2 and inserting in lieu thereof the word "by."
In section 36, line 3, by striking the word "effect" and inserting in lieu thereof the word "affect." Senator Harrison of the 17th moved that the Senate agree to the House amendment.
On the motion, the ayes were 28, nays 0, and the amendment was agreed to.

1408

JOURNAL OF THE SENATE,

Senator Purdom of the 46th asked unanimous consent that the following bill and resolutions be withdrawn from the Committee on Appropriations, read the second time and recommitted:

HB 1098. By Messrs. Reed and Willingham of Cobb:
A bill to amend the act known as the General Appropriations Act, so as to appropriate an additional twenty-five thousand dollars to the Department of Parks; and for other purposes.

HR 96. By Messrs. Salter and Freeman of Upson:
A resolution to compensate Mrs. S. T. Willis and her four children for injuries received in an accident caused by negligence of the State Highway Department; and for other purposes.

HR 150. By Messrs. Langdale and Mathis of Lowndes:
A resolution to provide for the payment of damages incurred by J. N. Bray Company for the loss of a mule killed by car operated by a State patrolman; and for other purposes.

HR 210. By Messrs. Reed and Willingham of Cobb:
A resolution directing the Department of Parks to negotiate with the Federal government for the leasing of Allatoona Dam recreational area; and for other purposes.
The consent was granted.

Senator Purdom of the 46th asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary, read the second time and recommitted:
HB 901. By Mr. Bell of Richmond, and others:
A bill to amend an act which provides the method of examination for the appointment of a guardian or for commitment to the Milledgeville State Hospital; and for other purposes.
The consent was granted.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 159. By Senator Bryant of the 43rd and Davis of the 27th: A bill to authorize the judges of the city courts of this state, where not otherwise specifically provided for by law, to appoint an official court reporter and to provide the rates of compensation; and for other purposes.

SATURDAY, FEBRUARY 11, 1950

1409

The House amendment was as follows:
By Mr. Davis of Bartow:
Amend SB 159 by striking Section 3 of said bill and amending the caption accordingly.
Senator Purdom of the 46th moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 28, nays 0, and the amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 225. By Senator Smith of 37th:
A bill to amend Code Section 84-1401 dealing with counties in which it is necessary to obtain license to engage in the real estate business by changing the population figure to 25,000; and to amend Code Section 84-1409 by granting the commission discretionary power to grant temporary brokers licenses; and for other purposes.
The House amendment was as follows:
By Mr. Smith of Emanuel:
Amend SB 225 by striking the words "22,000" wherever the same appears and inserting in lieu thereof the words "30,000."
Senator Overby of the 33rd moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 28, nays 0, and the amendment was agreed to.

The following local bills were read the third time and put upon their passage:
HB 1042. By Messrs. Bell, Cohen and Coleman of Richmond:
A bill to amend an act approved February 25, 1949 which increases the clerks in the tax receiver's office from 2 to 4 in counties with a certain population; and for other purposes.
Senator Eve offered the following amendment:
Amend HB 1042 by adding two new sections to be known as Sections 4 and 5 which shall read as follows:
SECTION 4. By striking paragraph a of Section 1 of Georgia Laws 1949, pages 1318-1324, which reads as follows:
(a) The Clerk of the Superior Court an annual salary of $6900.00 per annum, payable in equal monthly installments," and inserting in lieu theretof a new paragraph to be known as paragraph a of Section 1, which shall read as follows :
"(a) The Clerk of the Superior Court an annual salary of $7935.00 per annum, payable in equal monthly installments."

1410

JOURNAL OF THE SENATE,

SECTION 5. By striking Section 5 of Georgia Laws 1949, pages 1318-1324, which reads as follows:
"Section 5. Be it further enacted by the authority aforesaid, from and after the approval of this act, the clerk of superior court's deputies and assistants, whether he be ex-officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following:
"1 Chief deputy clerk ________ ------------------------------------$250.00 per month "1 Deputy clerk__________________________________________________________ 225.00 per month "1 Deputy clerk_________________________________________________________ 215.00 per month "1 Minute clerk and part bookkeeper_______________ _ 200.00 per month "1 Recording clerk and bookkeeper_____________________ 200.00 per month "2 Filing clerks and bookkeepers, each__________________ 180.00 per month "3 Stenographers ----------------------------------------------------- 161.00 per month "3 Typists ----------------------------------------------------------------- 161.00 per month "1 Collector ---------------------------------------------------------- 100.00 per month".
and substituting in lieu thereof a new paragraph to be known as Section 5 which shall read as follows:
"SECTION 5. Be it further enacted by the authority aforesaid, from and after the approval of this act, the clerk of superior court's deputies, and assistants, whether he be ex-officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following:
"1 Chief deputy clerk.-------------------------------------------------$287.50 per month "1 Deputy clerk--------------------------------------------------------- 258.75 per month "1 Deputy clerk------------------------------------------------- 247.25 per month "1 Minute clerk and part bookkeeper_______________________ 230.00 per month "1 Recording clerk and bookkeeper__________________________ 230.00 per month "2 Filing clerks and bookkeepers, each____________________ 207.00 per month "3 Stenographers -------------------------------------------------------- 185.15 per month "3 Typists --------------- --------------------------------------------------- 185.15 per month "1 Collector ----------------------------------------------------------------- 115.00 per month
"All of whom shall be named from time to time by the clerk of superior court and all and each of them shall serve at the will of clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries."
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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester approved August 16, 1909; and for other purposes.

SATURDAY, FEBRUARY 11, 1950

1411

The Committee on Municipal Government offered the following amendment:
Amend HB 744, Section 4 by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 4 and to read as follows:

"Section 4.
"Be it further enacted by the authority aforesaid that the terms of office of the Commissioners of the City of Manchester who are now serving as such commissioners under elections which have been held for such offices shall not be affected by this act; and such commissioners shall serve the full terms for which they have been elected, and that at the expirations of such full terms their successors shall be elected for terms of two years each."
Strike the following from Section 3 of HB 744.
"At the first and at all succeeding elections the five candidates receiving the highest number of votes shall be declared elected."
And insert in lieu thereof:
"At the first and all succeeding elections the number of candidates coinciding with the number of vacancies to be filled, receiving the highest number of votes shall be declared elected."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 999. By Messrs. Langdale and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; to alter, extend, and redefine 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1016. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the act of 1908, approved August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1412

JOURNAL OF THE SENATE,

HB 1018. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to amend the charter of the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes.
The report 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 1072. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to amend an act approved August 17, 1909, providing a new charter for the Town of Decatur, so as to provide that a person desiring to offer for election as commissioner of said city shall specify the incumbent who such candidate desires to oppose; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1081. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend an act of the Georgia Legislature of 1884-85, entitled "an act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1088. By Messrs. Alverson, Smith and Walton of Fulton, Howard and Hubert of DeKalb, Page of Chatham and others:
A bill to amend the Code of Georgia of 1933, Section 24-3005 pertaining to the contingent expenses of the superior courts and their payment in counties having a population of 70,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1093. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to amend an act approved March 24, 1939 entitled 'an act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in counties with a certain population, to regulate in said county, outside the limits of any city or town which now has

SATURDAY, FEBRUARY 11, 1950

1413

authority to adopt and enforce zoning ordinances herein, the opening or extension of any street or road; and for other purposes.
The report 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 1094. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A bill to amend an act approved August 21, 1906 entitled an act to authorize the election of a commissioner of roads and revenues for the County of DeKalb; so as to provide that the commissioner of roads and revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures relating to such budget periodically to each grand jury of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1100. By Messrs. Alverson, Smith and Walton of Fulton:
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 to provide the extension of the city limits to include "Sherwood Forest" and "Armour Area"; and for other purposes.
The report 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 1107. By Mr. Hurst of Quitman:
A bill to extend the jurisdiction of the Court of Ordinary of the County of Quitman, acting by and through the ordinary of said county, to try all misdemeanor cases where the defendant waives a jury trial and pleads guilty; and for other purposes.
The report 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 1108. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act approved January 31, 1946, fixing the salaries of ordinaries of all counties of 300,000 or more; to provide that the said ordinary's salary shall not be less than $9,000.00 per year nor more than $11,000.00 per year; and for other purposes.

1414

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1111. By Messrs. Bledsoe and Britton of Whitfield:
A bill to change the time of holding the January and July terms of Whitfield Superior Court to repeal such laws or parts of laws as conflict herewith; and for other purposes.
The report 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 1115. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend an act to create a board of commissioners of roads and revenue for Glynn 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1116. By Messrs. Duncan and Alexander of Carroll:
A bill to amend an act establishing a new charter for the City of Carrollton approved September 9, 1891; and for other purposes.
The report 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 1117. By Messrs. Alevander and Duncan of Carroll:
A bill to amend an act entitled, "Carrollton ad valorem tax rate," so as to limit the ad valorem tax on all real and personal property within the incorporate limits of said city to fifty-five one-hundredths of one per centum 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 11, 1950

1415

HB 1119. By Messrs. McGee and Hood of Chatham: A bill to amend the charter of the mayor and aldermen of the City of Savannah; repealing all laws in conflict herewith; and for other purposes.
The report 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.
HR 83. By Messrs. Kidd and Jennings of Baldwin:

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 Baldwin County into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; 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 Baldwin 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 Baldwin 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. One member of the County Board of Education shall be elected from General Militia District No. 320, one member from General Militia District No. 321, and two members from the county-atlarge, and only the registered and qualified voters in each of the above three school districts shall vote for the election of a member or members from that district. These two districts and the City of Milledgeville shall constitute the three school districts of Baldwin County. The County School Superintendent of Baldwin County shall automatically be a member of the County Board of Education, and as such shall constitute the fifth member of said board. The members of the County Board of Education shall elect their own chairman.
"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 Edu-

1416

JOURNAL OF THE SENATE,
cation; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the County School Superintendent shall be eligible to vote.
"That from and after the ratification of this amendment the Grand Jury of Baldwin County shall make no future appointments of members of the County Board of Education, but the present board shall serve until their successors are duly elected as above provided.
"No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly.

SECTION 2.
Be it further resolved that when this proposed amendment shall be agreed to by two-thirds of tlae 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 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 amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for the election of members of the Baldwin 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 Baldwin 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 Baldwin 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 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 :

SATURDAY, FEBRUARY 11, 1950

1417

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Eve Florence Gary

Grayson Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson

Pilcher Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

HB 1079. By Messrs. Cohen, Bell and Coleman of Richmond:
The Committee on Amendments to the Constitution offered the following substitute:
A BILL
To be entitled an act to amend an act approved February 25, 1949, Georgia Laws 1949, pages 1435 to 1460, entitled "an act 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 Constitution 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 (Georgia Laws 1872, pages 456-463) as amended by this act; to repeal all acts hitherto passed amendatory of or supplemental to said act approved August 23, 1872; to amend said act approved August 23, 1872; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation and duties of the Board of Education; for the method of making appropriations and the levying and collection of taxes for the support of such public school system, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts, and for other purposes,'' by deleting Section 1 of Section B of said act in its entirety and inserting in lieu thereof a new section to be numbered Section 1 of Section B of said act to provide for a single school district in Richmond County, Georgia, composition and method of election of the Board of Education of said county; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

1418

JOURNAL OF THE SENATE,
That Section 1 of Section B of an act approved February 25, 1949, Georgia Laws 1949, pages 1435 to 1460 entitled "an act 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 Constitution 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 (Georgia Laws 1872, pages 456-463) as amended by this act; to repeal all acts hitherto passed amendatory of or supplemental to said act approved August 23, 1872; to amend said act approved August 23, 1872; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation and duties of the Board of Education; for the method of making appropriations and the levying and collection of taxes for the support of such public school system, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts, and for other purposes, which reads as follows:
"Section 1. Richmond County, a single school district. Composition and method of election of the Board of Education. The County of Richmond shall be a single school district and shall be confided to the management and control of a Board of Education at least five of whom shall reside in Richmond County outside the corporate limits of the City of Augusta.
They shall be freeholders and shall have resided in Richmond County for a period of not less than five years preceding their election; they shall be elected by the qualified voters in the ward, district, or combined districts in which they reside as hereinafter provided. An election for members of the Board of Education shall be held on the first Saturday in November, 1949, and on the first Saturday in November in every year thereafter. That every person hereafter intending to become a candidate for membership on the Board of Education at the regular election, as now fixed by law for the first Saturday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the Clerk of the Board of Commissioners of Roads and Revenues of Richmond County with said clerk a declaration or notice of such intention, stating in addition, the ward or district. A written acknowledgment of the receipt of such declaration from said clerk shall always be in evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue of this act, becomes the incumbent of such position for the next ensuing term, as now fixed by law; and the said clerk of the Board of Commissioners of Roads and Revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, published, in each daily paper of the City of Augusta a declaration to that effect, and shall also publish on the said Monday and the two days succeeding, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the offcial notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or district

SATURDAY, FEBRUARY 11, 1950

1419

as such condition may exist. That in case no notices or declarations in regard to any particular place or position are filed, as heretofore required, the Board of Education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the Board of Commissioners of Roads and Revenues of Richmond County must certify as to the unapposed candidates and this will be the authority of the Secretary of State for issuing commissions to such unopposed candidates.
At the election which shall be held on the first Saturday in November in the year, 1949, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1950, in the 119th, 123rd, 1269th, 1760th, 1434th, 124th, and 1660th Districts, Georgia Militia, in Richmond County. The members elected at that election to fill the named vacancies shall be elected for the following term respectively: 119th District, for a four year term, expiring January 1, 1954; 123rd District, for a three year term, expiring January 1, 1953; 1269th District, 1760th District, 1434th District, 124th District and 1660th District, each for a term of two years expiring January 1, 1952.
At the election which shall be held on the first Saturday in November in the year 1950, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1951, in the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Augusta. The members elected at that election to fill the named vacancies shall be elected for the following terms respectively: First Ward and Second Ward fo1 a three year term expiring January 1, 1954; Third Ward and Fourth Ward for a two year term expiring January 1, 1953; Fifth Ward and Sixth Ward for a one year term expiring January 1, 1952; Seventh Ward for a four year term expiring January 1, 1955.
At the election which shall be held on the first Saturday in November, 1951, five members of the board shall be elected to fill the vacancies which will occur on January 1, 1952, in the Fifth and Sixth Wards of the City of Augusta and in the 1269th District. The vacancies which will occur on the first day of January, 1952, in the 1760th, 1434th, 124th, and 1660th Districts shall not be filled except in the following manner: one member of the board shall be elected by the voters of the 1760th and 1434th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of these districts; one member of the board shall be elected by the voters of the 124th and 1660th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of the districts. The member elected on the first Saturday in November, 1951, to fill the named vacancies and represent the combined districts shall be elected for the following terms respectively: Fifth Ward, Sixth Ward and 1269th Districts for a four year term expiring January 1, 1956; member representing the combined 1760th and 1434th Districts for a three year term expiring January 1, 1955: member representing the combined 124th and 1660th Districts for a three year term expiring January first, 1955.
At all regular elections held after the year 1951, the members elected at such elections shall serve full four terms from the first day of the following January.
The board shall consist of twenty-two members until the first day of January, 1950. From January first, 1950, to January first, 1952, the

1420

JOURNAL OF THE SENATE,
board shall consist of twenty-one members, the membership from the 121st District being abolished as of January first, 1950. After January first, 1952, the board shall consist of twelve members only. The vacancies which will occur on the first day of January, 1952, as the result of the expiration of the terms of the members from the seven wards of the City of Augusta who have not therefore been elected pursuant to the term of and after the adoption of this act shall not be filled by either a regular or special election or in any other manner, but the offices of those members are abolished as of the expiration of the terms they are now serving on the first day of January, 1952.
Vacancies, except those arising from expiration of term, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed."
Be and the same is hereby amended by striking all of said Section 1 of Section B of said act and inserting in lieu thereof a new section to be numbered Section 1 of Section B which is to read as follows:
"Section 1. Richmond County, a single school district. Composition and method of election of the Board of Education. The County of Richmond shall be a single school district and shall be confided to the management and control of a Board of Education at least five of whom shall reside in Richmond County outside the corporate limits of the City of Augusta.
They shall be freeholders and shall have resided in Richmond County for a period of not less than five years preceding their election; they shall be elected by the qualified voters in the ward, district, or combined districts in which they reside as hereinafter provided. An election for members of the Board of Education shall be held on the first Saturday in November, 1949, and on the first Tuesday in November in every year thereafter. That every pllrson hereafter intending to become a candidate for membership on the Board of Education at the regular election, as now fixed by law for the first Tuesday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the clerk of the Board of Commissioners of Roads and Revenues of Richmond County with said clerk a declaration or notice of such intention, stating in addition, the ward or district. .A writt:m "1~ knowledgment of the receipt of such declaration from said clerk shall always be evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue of this act, becomes the incumbent of such position for the next ensuing term, as now fixed by law; and the said clerk of the Board of Commissioners of Roads and Revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, publish, in each daily paper of the City of Augusta a declaration to that effect, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the official notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or district as such condition may exist. That in case no

SATURDAY, FEBRUARY 11, 1950

1421

notices or declarations in regard to any particular place or position are filed, as heretofore required, the Board of Education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the Board of Commissioners of Roads and Revenues of Richmond County must certify as to the unopposed candidates and this will be authority of the Secretary of State for issuing commissions to such unopposed candidates.
At the election which was held on the first Saturday in November in the year, 1949, seven members of the board having been elected to fill the vacancies which did occur on January 1, 1950, in the 119th, 123rd, 1269th, 1760th, 1434th, 124th, and 1660th Districts, Georgia Militia, in Richmond County. The members elected at that election to fill the named vacancies were elected for the following term respectively: 119th District, for a four year term, expiring January 1, 1954; 123rd District, for a three year term, expiring January 1, 1953; 1269th District, 1760th District, 1434th District, 124th District and 1660th District, each for a term of two years expiring January 1, 1952.
At the election which shall be held on the first Tuesday in November in the year 1950, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1951, in the First, Second, Third, Fourth, Fifth, Sixth and Seventh Wards of the City of Augusta. The members elected at that election to fill the named vacancies shall be elected for the following terms respectively: First Ward and Second Ward for a three year term expiring January 1, 1954; Third Ward and Fourth Ward for a two year term expiring January 1, 1953; Fifth Ward and Sixth Ward for a one year term expiring January 1, 1952; Seventh Ward for a four year term expiring January 1, 1955.
At the election which shall be held on the first Tuesday in November, 1951, five members of the board shall be elected to fill the vacancies which will occur on January 1, 1952, in the Fifth and Sixth Wards of the City of Augusta and in the 1269th District. The vacancies which will occur on the first day of January, 1952, in the 1760th, 1434th, 124th, and 1660th Districts shall not be filled except in the following manner: one member of the board shall be elected by the voters of the 1760th and 1434th Districts, voting at a unit, which member shall represent both of these districts on the board and may be a resident of either of these districts; one member of the board shall be elected by the voters of the 124th and 1660th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of the districts. The member elected on the first Tuesday, in November, 1951, to fill the named vacancies and represent the combined districts shall be elected for the following terms respectively: Fifth Ward, Sixth Ward, and 1269th Districts for a four year term expiring January 1, 1956; member representing the combined 1760th and 1434th Districts for a three year term expiring January 1, 1955; member representing the combined 124th and 1660th Districts for a three year term expiring January first, 1955.
At all regular elections held after the year 1951, the members elected at such elections shall serve full four year terms from the first day of the following January.
The board shall consist of twenty-two members until the first day of January, 1950. From January first, 1950, to January first, 1952, the board shall consist of twenty-one members, the membership from the

14~2

JOURNAL OF THE SENATE,

121st District being abolished as of January first, 1950. After January first, 1952, the board shall consist of twelve members only. The vacancies which will occur on the first day of January, 1952, as the result of the expiration of the terms of members from the seven wards of the City of Augusta who have not theretofore been elected pursuant to the term of and after the adoption of this act shall not be filled by either a regular or special election or in any other manner, but the offices of those members are abolished as of the expiration of the terms they are now serving on the first day of January, 1952.
Vacancies, except those arising from expiration of term, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed."
A copy of said notice and of the proof of publication required by the Constitution of the State of Georgia of 1945 is hereto attached and made a part hereof.
All laws and parts of laws in conflict with this act are hereby repealed.
If any part of this act is held to be unconstitutional it shall not effect balance of the same.
AFFIDAVIT OF PUBLICATION
Rodney S. Cohen Attorney STATE OF GEORGIA Richmond County
Personally appeared G. R. Boswell, who being duly sworn says that he is the Business Manager of The Augusta Herald, a daily newspaper published in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation duly appeared in said newspaper on the following dates to wit: January 13-20-27-1950.
s/ G. R. Boswell Sworn to and subscribed before me this 20th day of January, 1950. s/ Edith Loyal
Notary Public, Richmond County, Ga.
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION
The undersigned will introduce local legislation at the re-convening of the 1949 session of the General Assembly of Georgia on January 16, 1950, to provide as follows:
RICHMOND COUNTY PUBLIC SCHOOL SYSTEM 1. An act to amend an act No. 335 (HB 456) entitled Richmond County Educational System, Georgia Laws 1949, pages 1435 et. seq., approved February 25, 1949, so as to change the day of the week on which elections are held from Saturday to Tuesday.
2. To amend or either repeal, either or both, said act so as to provide for all elections to be held on Tuesday.
Rodney S. Cohen, Jr., Representative from Richmond County, Georgia House of Representatives.

SATURDAY, FEBRUARY 11, 1950

1423

The substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Eve Florence Gary

Grayson Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson

Pilcher Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed by substitute.
HR 136. By Messrs. Alverson, Walton and Smith of Fulton:
A RESOLUTION Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, Paragraph 1 of the Constitution of Georgia, to provide that the Board of County Commissioners of Fulton County, et cetera, shall supplement from the said county's treasury the salaries of each of the Judges of the Atlanta Judicial Circuit by the sum of six thousand dollars ($6,000.00) per annum, payment of such salaries to be made to the Judges now in office during their present or subsequent terms, as well as to their successors.

Be it resolved by the General Assembly of Georgia :

Section 1. That Article VI, Section 12, Paragraph 1 of the Constitution of Georgia be amended by adding the following words to said Paragraph 1:

"Provided further that the Board of County Commissioners of Fulton County, or such other board or authority as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action, supplement from said county's treasury, the salaries of each of the Judges of the Superior Court of the Atlanta Judicial Circuit, by the sum of six thousand dollars ($6,000.00) per annum, which shall be in addition to the amounts received by said Judges out of the state treasury; and such payments are declared to be a part of the court expenses of said county and such payments shall be made to the judges now in office during their present or subsequent terms, as well as to their successors with the authority in the General Assembly to increase such salary from the county treasury as above provided."

1424

JOURNAL OF THE SENATE,

Section 2. 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 congressional district of this state, 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 ballot the words :
"For ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing that the Board of County Commissioners of Fulton County shall supplement from said county's treasury the salaries of each of the Judges of the Atlanta Judicial Circuit by the sum of six thousand dollars ($6,000.00) per annum."
and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing that the Board of County Commissioners of Fulton County shall supplement from said county's treasury the salaries of each of the Judges of the Atlanta Judicial Circuit by the sum of six thousand dollars ($6,000.00) per annum."
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 election 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 of the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 3. Be it further resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed.

Senator LeCraw of the 52nd offered the following amendment:
By striking the words and figures "six thousand dollars ($6,000.00)" wherever they appear, in the caption and also in the body of the bill, and inserting in lieu thereof, the words and figures "four thousand dollars ($4,000.00) ".
By striking the following words from the last line of Section I: "as above provided."
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:

SATURDAY, FEBRUARY 11, 1950

1425

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Eve Florence Gary Grayson

Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson Pilcher Rich

Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Mr. President

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

HR 186. By Mr. Summerour of Dawson:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution so as to provide for the election of members of the County Board of Education of Dawson County by the people ; to provide for their terms of office and qualifications; 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 Georgia:
SECTION 1.
That Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be amended by adding at the end thereof the following: There is hereby created for Dawson County a County Board of Education, consisting of two members elected for each road district.
"The members of the County Board of Education of Dawson County shall be elected by the people of the county living inside the area embraced within each road district. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Dawson County to issue the call of an election for the purpose of electing by the qualified voters of Dawson County inside the area embraced within each road district, the members of the County Board of Education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the ordinary. Such election shall be held in the same manner as elections for county officers are held except by each road district. The board shall be composed of six free holders. The members of the board elected at this election, shall each have terms of office until January 1, 1956, thereafter the terms of office of each member elected shall be four years. In case of a vacancy on said board by the death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall, by secret ballot, elect his successor who shall hold office for the unexpired portion of such member's term. From and after the ratification of this amendment the grand jury of Dawson County shall make no

1426

JOURNAL OF THE SENATE,

further appointments of members of the County Board of Education, but the present members of the board shall serve until their successors are duly elected as herein provided. No person shall be eligible to hold office as a member of the County Board of Education who lives outside the territory embraced outside any road district school system. 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. No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who has not at least good knowledge of the elementary branch of the 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."

SECTION 2.
Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Dawson County". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words 'Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Dawson County". If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Eve Fl01rence Gary

Grayson Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson

Pilcher Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams

SATURDAY, FEBRUARY 11, 1950

1427

By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 134. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County, Georgia, may issue and sell "street improvement bonds" without the assent of a majority of the qualified voters of said county at an election thereof, but upon a majority vote of the members of the governing body of said county, with the limitations herein set forth.
SECTION 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia of 1945, as heretofore amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to wit: "Provided that Muscogee County may issue and sell 'street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, with the following limitations: First, the terms of such bonds shall in no case exceed ten years. Second, the amount of each issue of such bonds shall be limited to the total amount then outstanding of special assessments made by said county for street improvement purposes and not already financed by a previous bond issue, plus the necessary incidental costs of issuing and selling such bonds. Third, these bonds shall be issued only for grading, paving or re-paving of streets or portions of streets and sidewalks, including curbs and gutters, and otherwise improving such streets. Fourth, the interest on said bonds shall not exceed six per centum per annum. Fifth, these bonds may be issued without regard to the amount of other outstanding bonds or debts of said county. Sixth, such bonds shall not be issued except in case such proposed street improvements have been petitioned for in writing by the owners of more than fifty per cent of the property abutting on the streets or portions of streets to be improved. Seventh, the entire cost of such street improvements, including the cost of grading, paving, re-paving and repairing street intersections, and otherwise improving such intersections, and including the cost of such bond issues (including interest), shall be specially assessed against the property abutting upon the streets or portions of streets so improved, which cost shall be apportioned according to the linear frontage of the respective parcels of property upon the streets or portions of streets so improved. Eighth, such bonds may be made direct obligations of said county, or may be made payable only out of such special assessments, as the governing body of said county may determine. Ninth, such bonds shall be issued only for improving streets in approved subdivisions in said county outside the limits of any incorporated municipality. Tenth, such bonds shall not be issued until they shall have been authorized by the General Assembly, and shall be subject to such further terms, conditions, restrictions and regulations as may be imposed by the General Assembly."

1428

JOURNAL OF THE SENATE,

SECTION 2. Be it further resolved 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 "ayes" and "nays" taken thereon, the Governor shall be and he is hereby authorized and directed 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 published in the City of Columbus having general circulation throughout Muscogee County, for two months next preceding the time of holding the next general election at which members of the General Assembly
are chosen.

SECTION 3. Be it further resolved 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 shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia by adding thereto the provision that Muscogee County may issue and sell 'street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, and with the limitations therein set forth"; 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 VII, Section VII, Paragraph I, of the Constitution of Georgia by adding thereto the provision that Muscogee County may issue and sell 'street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, and with the limitations therein set forth".

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.

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

SATURDAY, FEBRUARY 11, 1950

1429

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Cochran Daniel Davis Dykes Eve Florence Gary

Grayson Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson

Pilcher Rich Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

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

HR 142. By Mr. Johnson of Hall:

A resolution directing the highway department to pay to Marion Murphy the sum of $483.15 as compensation for injuries and damages set forth in resolution; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Daniel Davis Eve Florence Gary Grayson Harris

Harrison Jones Land, 51st Layton Lunsford Mason Massey Overby Peterson Pilcher Purdom Rich

Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams Zellner

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

On the adoption of the resolution, the ayes were 34, nays 0.

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

1430

JOURNAL OF THE SENATE,

HR 176. By Mr. McCracken of Jefferson:
A resolution to compensate John D. Garvin for injuries sustained on January 5th, 1949, when state highway truck hit him.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Daniel Davis Gary Grayson Harris

Harrison Land, 51st Layton Lunsford Mason Massey Overby Peterson Pilcher Purdom

Rowland Saunders Sims Swint Tarver Turner Williams Zellner

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The time for convening the joint session of the Senate and House having arrived, the President and Secretary, accompanied by the Senators, repaired to the hall of the House of Representatives to hear an address by His Excellency, the Governor.
The President called the General Assembly to order.
The Secretary of the Senate read the resolution providing for the joint session.
Accompanied by the committee of escort, the Governor appeared upon the floor of the House and was escorted to the Speaker's stand, where he was presented to the General Assembly by the President and delivered the following address:
Lieutenant Governor Griffin, Speaker Hand, Members of the Senate and of the House of Representatives:
My visit with you here this morning is to extend to you my deep and heartfelt appreciation for the fine job which you have done for the people of Georgia during your term of office.
The present administration has been in office some fourteen months. We have had a regular session of the General Assembly last January, we have had an emergency session in July and we are now completing the adjourned session.
The cooperation which the membership and the leadership have given me during my administration has been of invaluable help in serving the people efficiently and well.

SATURDAY, FEBRUARY 11, 1950

1431

I have always held the Legislature of my State in the highest respect. I have always respected the sovereignty of this body. You have come here from the farm, from the law office, from the warehouses, from the business places and from every other pursuit and calling. Every conceivable background is represented here. Every economic interest has representation. Verily, you spring freshest from the people. You know what the people are thinking about and talking about. Their trusts, their sovereignty, and yes, their very future is reposed to a great extent in this body and is vitally affected by your deliberations.
You have discharged well a heavy responsibility. The people which you represent here I know are grateful to you for having protected so well their interests. This General Assembly and the present administration have refused to leave Georgia's future to chance. We have worked closely together, formulating progressive legislation and acting in a score of ways to promote the health, education and general welfare of the people. Certainly the greatest satisfaction that can come to us from the hard wor kwhich we have done is to go over the State and witness the fruits of our labors. The tangible results of our efforts are now in being for the eyes of all to see.
Of course, there are some newspapers and individuals whose blind partisanship is such that they can't see anything good in the present administration or in the acts and deliberations of the General Assembly. It seems as though, as far as they are concerned, that every session which you have held has been "purely political." They also say that this administration is a "do nothing" administration.
Well, our acts and deeds will forever refute thes eassertions. The great record of constructive progress which you have made possible is imperishable and cannot be minimized.
I am proud of that record.
I know that the great masses of our people are proud of it too, for we have had their interests first and foremost.
I am proud that we have increased our appropriations for common school education from $37,000,000.00 to over $50,000,000.00.
I am proud that we have inaugurated pay raises for our teachers and school bus drivers.
I am proud that we have been able to make available to our counties substantial, additional equalization money to be used for any purpose which they see fit in accordance with our concepts of local self-government.
I am proud that you have at this session raised the maximum pension to be paid our retired school teachers.
I am proud of the hospital construction program, calling for an expenditure of $70,000,000.00 over the next seven years, which we have launched.
I am proud of the great State Port at Savannah that we will develop with the $4,500,000.00 loan from the R.F.C.
I am proud that we have been able to liberalize and expand our old age, aid to dependent children and aid to the blind assistence programs.
I am proud of what we have been able to do for the patients at Milledgeville in the way of housing and a palatable diet.
I am proud of the State-wide health effort which we are making to test our citizenr:y for disease.

1432

JOURNAL OF THE SENATE,

I am proud of our expansion program at Battey Hospital.
I am proud that the present administration has constructed a total of 1,463 miles of road at a cost of $28,390,000.00.
I am proud of the intelligent road maintenance and repair system which we have developed and are carrying out.
I am proud of the compromise highway reform bill which you passed to guarantee a sound and continuous road program for Georgia.
I am proud of the State-wide Forestry Protection Program which this administration made a reality.
I am proud of the improvements in our prison system, the great record of productivity, the increase in morale where every prisoner has a job to do.
I am proud of the new markets and additions to existing markets which we have been able to furnish our farmers at a cost of half million dollars.
I am proud of the fact that we have been able to increase unemployment compensation and workmen's compensation payments for our working people, while at the same time, we have been able to reduce the cost of this program to employers.
I am proud that we have been able to carry on-the-farm and academic training to our Georgia veterans so that they could take full advantage of the benefits offered them under the G. I. Bill of Rights.
I am proud of the free drivers' licenses which we have provided for veterans as a symbol of honor from a grateful people.
I am proud that you have at this session finally passed the bill providing pensions for our peace officers.
I am proud that you and this administration stands four-square for our traditional county unit system.
I am also proud of our driver training safety program, of the factory for the blind at Bainbridge, the Department of Commerce, extension of the Merit System to several departments, the new Retirement System for State employees, the fifty per cent increase in pensions to Confederate widows, restocking and replenishing our fields and streams, conscientious protection of our wildlife resources, encouragement of soil conservation, and intelligent study of stream pollution, a diagnostic laboratory for the detection and prevention of diseases among livestock, and a host of others.
Does that sound like a "do nothing" legislature?
Does that sound like a "do nothing" administration?
No, my friends, we have accomplished far more for the people of Georgia than any other administration in a comparable period of time.
We have done all of these things for the people, but our task is not finished nor completed. We must go forward with the constant goal of raising Georgia's economic and productive capacity so that she can take her rightful high place among the sisterhood of states.
We must work together to develop our physical and human resources. Much remains to be accomplished.

SATURDAY, FEBRUARY 11, 1950

1433

During the campaign of 1948, my contract with the people provided for no new taxes without their approval.
A grave fiscal crisis in our health, welfare, education and public highways departments made it imperative for us to enact temporary raises in existing levies to meet our most pressing needs. I do not think that there is anyone in Georgia who begrudges what we did for our school children, our old people, our mentally ill at Milledgeville and our tubercular patients at Battey. These humanitarian needs had to be met. The people expected us to do it, and we did it. None of us need have any regret on that score.
Should it be your pleasure and mine, and should Almighty God will that we continue to serve the people of our State, we must work together to find ways and means for financing the remaining portion of the Minimum Foundation Program for Education. This Program provides for a $2,400.00 yearly salary for our degree teachers. It is the very least that we can do if we are to provide adequate educational opportunities for our boys and girls in Georgia. The Minimum Foundation Program is not just a school teachers' salary bill. It also provides for aid to the counties in transporting pupils to school, in maintaining and repairing the school houses and it sets up funds to aid in the constructing and equipping of our school buildings. We have made a substantial beginning, but we must make preparations to complete the job.
Unless we train our children to think and produce, the full progress and abundance which we all hope for cannot be achieved.
It is also my firm belief and deep conviction that our capacity for future industrial development will be affected a great deal by our system of highways and transportation. To meet this problem on a continuing and long-range basis, we must allocate a greater percentage of our gas tax to construction of roads, public highways and maintenance.
I want each and every one of you to call on me, day or night, whenever I can be of service to you or your people.
I appreciate the helpful and effective aid which you have given my administration and your State.
I wish for each of you a long life and God's richest blessings.
Mr. Twitty of Mitchell moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The Senate reassembled in the Senate chamber and resumed the regular order of business.
The following general bills and resolutions were read the third time and put upon their passage:

HB 867. By Mr. Twitty of Mitchell:
A bill to amend "Employees Retirement System"; and for other purposes.
Senator Turner of the 34th offered the following amendment:
Amend HB 867 by adding a new section to be numbered Section 2 and to read as follows :
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed.

1434

JOURNAL OF THE SENATE,

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HR 127. By Mr. Alverson of Fulton:
A resolution to award a good conduct medal posthumously to Captain William A. Fuller for his initiative and persistence beyond the call of duty, whereby extensive destruction of state property was circumvented, thereby securing the State of Georgia a saving of vital and critical war materials; and to the Confederate government transportation and communication lines essential to effective war operations during the War between the States.

The Committee on Pensions offered the following amendment:

Amend HR 127 as follows:

By adding the words "above and" between the words persistence beyond, in line 10 in the 3rd paragraph of said resolution.

By striking the following names from the last paragraph of said resolution: William Knight, W. W. Brown, J. A. Wilson and William Kendrick.

By inserting the following name in lieu of the 4 names that were stricken: "Jackson Bond."
The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Davis
Florence Grayson Harrison Housley Jones

Land, 51st LeCraw Lunsford Mason Massey Overby
Peterson Pilcher Purdom Rich Roddenberry

Rowland Sims Stark Swint Tarver Turner Ursrey Williams Zellner

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

On the adoption of the resolution, the ayes were 31, nays 0.

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

SATURDAY, FEBRUARY 11, 1950

1435

HB 402. By Mr. Howard of DeKalb:
A bill to amend an act providing for placing felony prisoners on probation by the court; and for other purposes.

The Committee on Special Judiciary offered the following amendment:
Amend HB 402 by adding a new section to said bill to be known as Section 3a and to read as follows :
Section 3a. After the said prisoners have entered upon their services in the penal institutions of Georgia, the Superior Court judges shall have no authority to suspend and probate the sentences of said prisoners by modifying sentences.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.

HR 128. By Mr. Pannell of Murray:
A resolution to provide for printing of official and statistical register of the state for the years 1944 to date.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 949. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to amend an act by changing the appropriation of the Department of Revenue from one million seven hundred thousand to one million nine hundred thousand dollars for each fiscal year; and for other purposes.

Senators Garrett of the 53rd, Grayson of the 1st and Purdom of the 42nd offered the following amendment:
Amend HB 949 by inserting in section 1 the words, immediately after the word "warehouses", in the second line thereof, as follows :
"including administration of the automobile title law and by striking the figures $1,900,000 wherever they appear and inserting in lieu thereof the figures $2,000,000.
The amendment was adopted.

1436

JOURNAL OF THE SENATE,

Senator Grayson of the 1st offered the following amendment:

Amend HB 949 by inserting in the caption of said bill immediately after the figures ($1,900,000), the following:

"the sum of ($10,000) for the purpose of allowing increases in salary for department heads of the several units of the Revenue Department.

And by adding at the end of section one (1) the following:

"There is hereby appropriated the sum of ($10,000) to the Revenue Department for the sole purpose of enabling the Revenue Commissioner to increase the salaries of the heads of departments in the Revenue Department in a moderate amount in the discretion of the Revenue Commissioner.

The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Clary Daniel Davis Eve Florence Gary Grayson

Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Overby Peterson Pilcher Rich

Roddenberry Rowland Saunders Sims Stark Swint Tarver Turner Ursrey Williams

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

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

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

The following report of a committee of conference was read by the Secretary:

Your committee appointed by the House and Senate on conference on SB 213 recommends to the House and to the Senate that the following amendment be adopted, as its report.
Respectfully submitted, Pilcher of the 19th, Eve of the 18th, Grayson of the 1st, On the part of the Senate

McGee of Chatham, Hood of Chatham,
On the part of the House

SATURDAY, FEBRUARY 11, 1950

1437

"Be it further enacted that the maximum pension of $100.00 heretofore established by an amendment to the Charter of the Mayor and Aldermen of the City of Savannah is hereby repealed and the maximum pension is hereafter fixed in the amount of $150.00 per month."
"Be it further enacted that there is hereby created a minimum amount of pension to be received by the pensioned employees of the Mayor and Aldermen of the City of Savannah. Said minimum amount of pension is hereby fixed at a sum not less than $75.00 per month."
"Be it further enacted that the Mayor and Aldermen are hereby required to keep all contributions of city employees to the pension fund in a separate fund segregated from the other funds of the Mayor and Aldermen of the City of Savannah, and shall use the same only for the purpose of paying pensions and otherwise conforming to the existing pension laws of the Mayor and Aldermen of the City of Savannah. Said pension fund is hereby expressly described to be a Trust Fund as defined by the laws of this State and to be used for the exclusive purpose of administering the provisions of the existing pension laws."
"Be it further enacted that any employee of the Mayor and Aldermen of the City of Savannah who has served as such for a period of 50 years or more and who has obtained the age of 70 years shall be entitled on retirement to receive a pension of $200.00 per month."
"Section 3. Be it further enacted that all laws and parts of laws and all charter provisions of the Mayor and Aldermen of the City of Savannah and all amendments thereto in conflict with the provisions of this Act be and the same are hereby expressly repealed. It being the intent of this Act and that if there is any douht as to the validity of any portion of this Act as compared with or be in conflict with any other provision of the Charter of the Mayor and Aldermen of the City of Savannah, that the doubt shall be construed in favor of the provisions of this Act."
By striking Section Four (e) of Section One, and inserting in lieu thereof the following:
"Section Four (e). Be it further enacted that any regular employee of the Mayor and Aldermen of the City of Savannah who shall have served as such for a period of twenty-five years or more, irrespective on the length of service immediately preceding the application for a pension, shall be entitled to a pension of fifty per cent of the salary received by such person at the time of said application for a pension, not to exceed the sum of One Hundred Fifty ($150.00) Dollars per month."
Senator Grayson of the 1st moved that the Senate agree to the report of the conference committee.
On the motion to agree, the ayes were 34, nays 0, and the conference committee report was agreed to.

HB 608. By Messrs. Ray of Warren and Gates of Burke:
A bill governing and regulating distribution, sale or transportation of insecticides, fungicides, rodenticides and other economic poisons and devices; and for other purposes.

1438

JOURNAL OF THE SENATE,

Senator Clary of the 29th offered the following amendment:
Amend substitute for HB 608, section 2, sub-section J -2-b, by striking the words "in the descending order of percentages" which appears after the word "ingredient" in line 8, and before the word "together" in line 8, and insert in lieu thereof the following words "showing the percentages thereof,"
And, amend by striking the word "same" from line 7, of sub-section (4) of section 3, and inserting in lieu thereof the words, "and after public hearing",
And, to amend section 4, sub-section E, line 5, by inserting after the word "applicant", and before the word "of", the following words "in writing",
And, amend by adding in the first line of sub-paragraph "a" of section 5, before the word "is" and after the words "in his discretion", the words "and after opportunity for a hearing",
And, amend by adding at the end of sub-section b, of section 5, the following: "The Commissioner of Agriculture shall conduct such hearings as he may deem necessary in connection with making and promulgating regulations,"
And, to amend section 6, sub-section d, by adding after the word "State", at the end of said section the following words, "in connection with the sale of economic poisons (or devices) in this State",
And, to amend section 8, sub-section c, line 2, by inserting after the word "cancel", and bef~Jre the word "any" the following words, "after written notice, and opportunity of hearing before him,"
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HR 149. By Messrs. Watford of Long, Lewis of Hancock, Gross of Stephens, and others:
A resolution proposing to the qualified voters an amendment so as to authorize the General Assembly to provide by law for the payment of one hundred thousand dollars to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia; and for other purposes.
Senator Pilcher of the 19th moved that the Senate postpone action on HR 149 until Monday, and the motion prevailed.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SATURDAY, FEBRUARY 11, 1950

1439

SB 201. By Senators Smith of the 37th, Overby of the 33rd, and Saunders of the 25th:
A bill to amend an act known as the "Adoption Law Revised"; and for other purposes.
The House amendment was as follows:
By Mr. Bolton of Spalding:
Amend SB 201 by striking the last sentence in section III, sub-section 2, as same appears in said act, and inserting in lieu thereof a new sentence to read as follows :
"Where a decree has been enacted by a superior court ordering the father to support the child and the father has wantonly and wilfully failed to comply with the order for a period of twelve months or longer, consent of said father shall not be required and the consent of the mother alone shall suffice.
Senator Land of the 24th moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 28, nays 0, and the amendment was agreed to.

HB 846. By Mr. Gross of Stephens: A bill to amend an act known as the "Old Age Assistance 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1076. By Mr. Gross of Stephens:
A bill to amend an act known as the "Aid to the Blind Act"; to provide for the disposition of assistance check for the month in which the recipient dies; and for other purposes.
The report 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 674. By Mr. Howard of DeKalb:
A bill to provide that a trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries be sui juris and whether or not any remainder interest be created, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1440

JOURNAL OF THE SENATE,

HB 1033. By Messrs. Gross of Stephens and Twitty of Mitchell:
A bill to amend an act relating to income taxes and the imposition, rate and compensation of such income taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 882. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and Gross of Stephens:
A bill to place the employees of the State Revenue Commissioner under the merit system of personnel administration; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 907. By Messrs. Smith of Emanuel and Ray of Warren:
A bill to create the position of associate commissioner; to provide for the eligibility of persons for appointment to such positions and salaries to those holding such positions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 962. By Mr. Jones of Lumpkin:
A bill to extend provisions of the merit system and to include employees of the State Department of Mines, Mining and Geology; and for other purposes.
The report 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 1041. By Messrs. Chastain and Willis of Thomas:
A bill relating to insurers not authorized to transact business in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 11, 1950

1441

HB 884. By Messrs. Page of Chatham, Hollis and Pickard of Muscogee:
A bill to amend the General Appropriations Act, so as to authorize and increase in said appropriations affixed thereto; to appropriate funds for the payment to cities and counties the cost of maintaining and treating tubercular patients who would be eligible for admission to the state tuberculosis sanitorium; and for other purposes.
The report 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 326. By Messrs. Walton, Alverson and Smith of Fulton:
A bill to amend an act so as to require only one surety on the bond required thereby, to amend section 23-1704 of the Georgia Code of 1933; and for other purposes.
The report 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 813. By Messrs. Evitt of Catoosa, Smith of Emanuel, Twitty of Mitchell, Hinson of Ware, Cook of Chattooga, Campbell of Walker, and Jenkins of Bartow:
A bill to amend an act approved March 28, 1935 (codified as Title 91, Public Property, part I, state property, chapter 91-1, section 91-111, authority of commission to lease, 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 926. By Messrs. Howard of DeKalb, Davis of Bartow, Lewis of Hancock, and Walker of Telfair:
A bill to amend the Georgia Safety Fire Commissioner Act to make clear the provisions for subsistence allowance for the Georgia safety fire commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 170. By Messrs. Groover of Troup and Harden of Turner:
A bill to create and establish a board of funeral service and to :fix and prescribe the powers, duties and authority; and for other purposes.

1442

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 961. By Messrs. Gillis of Treutlen, Hall of Toombs, Briscoe of Walton, and Tamplin of Morgan:
A bill to provide by granting by director of State Parks Department to Board of Regents for use of Department of Forestry at the University of Georgia of permanent easements for use of certain property in Hard Labor Creek State Park in Morgan and Walton counties.
The report 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 1040. By Mr. Gillis of Treutlen, and others: A bill to amend an act known as the "Soil Conservation Districts Law"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 229. By Mr. Dorsey of White:

A bill providing funds to compensate Mrs. Earl Roger Nix and two minor children for the death of their husband and father, an employee of the state, who was killed by an overturning tractor while cutting right-ofway for the State Highway Department, in White County; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Clary Daniel Davis Eve Florence Gary Grayson

Harrison Housley Jones Land, 51st LeCraw Lunsford Mason Massey Overby Peterson Pilcher Purdom

Roddenberry Rowland Saunders Sims
Stark Swint Tarver Turner Ursrey
Williamt

SATURDAY, FEBRUARY 11, 1950

1443

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 933. By Messrs. McMillan of Washington, Lewis of Hancock, Ray of Warren, Huddleston of Fayette, and others:
A bill to amend an act known as the Grade Crossing Elimination Act, relating to maintenance of overpasses and underpasses ; and for other purposes.
Senator Lunsford of the 9th asked unanimous consent that HB 933 be postponed until Monday, and the consent was granted.

HB 844. By Mr. Gross of Stephens:
A bill to amend an act known as the Aid to Dependent Children Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 845. By Mr. Gross of Stephens:
A bill to amend an act to provide for more efficient administration of the public welfare laws of this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pilcher of the 19th asked unanimous consent that the Senate resolve itself into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
The Senate went into executive session at 3:15 o'clock.

The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, Secretary;

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

February 11, 1950

Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:

1444

JOURNAL OF THE SENATE,

Nominations sent to the Senate by you this date, February 11, 1950, were confirmed as follows :
Honorable James M. Watts, Jr., to be Solicitor of the County Court of Baldwin County, to succeed Hon. W. S. Edwards, for a term beginning February 2, 1950, and ending February 2, 1954. The vote on this confirmation was ayes 0, nays 30, and the nominee was not confirmed.
Miss Bessie Rowe of Carrollton, Carroll County, to be a member of the Board of Examiners for Nurses for Georgia, to succeed herself, for a term beginning September 23, 1950, and ending September 23, 1953. The vote on this confirmation was ayes 33, nays 0.
Honorable B. C. Gardner, Judge, Court of Appeals, Fulton County, to be a member of the Judicial Council of Georgia, to succeed himself, for a term beginning April 27, 1950, and ending April 27, 1953. The vote on this confirmation was ayes 33, nays 0.
Miss Marion Faircloth, of Savannah, Chatham County, to be a member of the Georgia Citizens Council, to succeed E. A. Williams, for a term beginning February 8, 1950, and ending July 1, 1953. The vote on this confirmation was ayes 33, nays 0.
Dr. Preston Sumner, of East Point, Fulton County, to be a member of the State Board of Health, Pharmacy Member, to succeed Dr. J. B. Butts, for a term beginning February 10, 1950, and ending September 1, 1953. The vote on this confirmation was ayes 33, nays 0.
Dr. A. T. McRae, of Douglas, Coffee County, Georgia, to be a member of the State Board of Health, Pharmacy Member, to succeed Dr. George A. Wright, for a term beginning February 10, 1950, and ending September 1, 1953. The vote on this confirmation was ayes 33, nays 0.
Honorable John E. Summers, of Atlanta, Fulton County, to be a member of the Georgia State Board for the Examination and Registration of Architects, to succeed Honorable W. Elliott Dunwoody, Jr., for a term beginning February 11, 1950, and ending October 1, 1954. The vote on this confirmation was ayes 33, nays 0.
Honorable Charles S. Sanford, of Savannah, Chatham County, to be a member of the Chas. H. Herty Foundation, to succeed himself, for a term beginning February 11, 1950, and ending February 10, 1951. The vote on this confirmation was ayes 33, nays 0.
Honorable Marshall Lang, of Pearson, Atkinson County, to be a member of the Chas. H. Herty Foundation, to succeed Honorable Dave B. Turner, for a term beginning February 19, 1950, and ending February 19, 1955. The vote on this confirmation was ayes 33, nays 0.
Honorable T. S. Candler, Judge, Supreme Court of Georgia, to be a member of the Judicial Council of Georgia, to succeed Judge W. Y. Atkinson, for a term beginning April 27, 1950, and ending April 27, 1953. The vote on this confirmation was ayes 33, nays 0.
Dr. F. W. Daniel, of Fitzgerald, Ben Hill County, to be a member of the State Board of Osteopathic Examiners of Georgia, to succeed himself, for a term beginning February 11, 1950, and ending September 10, 1952. The vote on this confirmation was ayes 33, nays 0.

SATURDAY, FEBRUARY 11, 1950

1445

Dr. J. W. Palmer, of Ailey, Montgomery County, to be a member of the State Board of Medical Examiners of Georgia, to succeed himself, for a term beginning September 1, 1950, and ending September 1, 1954. The vote on this confirmation was ayes 33, nays 0.
Dr. C. J. Maloy, of McRae, Telfair County, to be a Medical Member of the State Board of Health for the 8th Congressional District, succeeding Dr. B. H. Minchew, for a term beginning September 1, 1950, and ending September 1, 1956. The vote on this confirmation was ayes 33, nays 0.
Miss Sarah Young, of Moultrie, Colquitt County, to be a member of the State Board For The Certification of Librarians, to succeed Miss Tommie Dora Barker, for a term beginning February 10, 1950, and ending December 31, 1953. The vote on this confirmation was ayes 33, nays 0.
Dr. Walter Bramblett, of Forsyth, Monroe County, to be a Medical Member of the State Board of Health for the 6th Congressional District, succeeding Dr. C. L. Ridley, for a term beginning September 1, 1950, and ending September 1, 1956. The vote on this confirmation was ayes 33, nays 0.
Honorable Sidney Daniell, of Atlanta, Fulton County, to be a Member of the Georgia State Board for the Examination and Registration of Architects, to succeed the Honorable E. Oren Smith, for a term beginning October 1, 1950, and ending October 1, 1955. The vote on this confirmation was ayes 33, nays 0.
Honorable Sam G. Bullock, of Manchester, Meriwether County, to be a "Producer Member" of the State Milk Control Board, for a term beginning February 10, 1950, and ending January 1, 1955. The vote on this confirmation was ayes 33, nays 0.
Honorable Dr. J. G. Williams, of Atlanta, Fulton County, to be a Dental Member of the State Board of Health, State at Large, to succeed himself, for a term beginning February 10, 1950, and ending September 1, 1952. The vote on this confirmation was ayes 33, nays 0.
Miss Virginia Satterfield, of Milledgeville, Baldwin County, to be a Member of the State Board For The Certification of Librarians, to succeed Miss Virginia McJenkin, for a term beginning February 10, 1950, and ending December 31, 1954. The vote on this confirmation was ayes 33, nays 0.
Respectfully yours,
George D. Stewart

The executive session was dissolved at 3 :45 o'clock and the Sen;1te resumed its regular order of business.
Senator Purdom of the 46th asked unanimous consent to have the Secretary read two committee reports.
The consent was granted.
Mr. Purdom of the 46th District, chairman of the Committee on Appropriations, submitted the following report:
Mr. President: Your Committee on Appropriations has had under consideration the follow-

1446

JOURNAL OF THE SENATE,

ing bills and resolutions of the House of Representatives and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HR 150-878d. Do Pass. HR 163-924a. Do Pass. HR 210-1099c. Do Pass. HR 96-688a. Do Pass. HB 869. Do Pass as amended. HB 1037. Do Pass. HB 1098. Do Pass.

Respectfully submitted, Purdom of 46th District, Chairman

Mr. Smith of the 37th 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 House of Representatives and has instructed me, as chairman, to report the same back to the Senate with the following recommendations:

HB 901. Do Pass.

Respectfully submitted, Smith of 37th District, Chairman

Senator Pilcher of the 19th moved that the Senate do now adjourn until 9:30 Monday morning, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 9 :30 o'clock.

MONDAY, FEBRUARY 13, 1950

1447

Senate Chamber, Atlanta, Georgia, Monday, February 13, 1950

The Senate met pursuant to adjournment this morning at 9:30 o'clock and was called to order by the President.
Scripture reading and prayer was offered by the chaplain, Rev. Bill Allison, Fulton County chaplain.
By unanimous consent, the roll call was dispensed with.
Senator Tarver of the 48th 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 Pilcher of the 19th asked unanimous consent that the following be established as the order of business for today :
1. Third reading of local uncontested bills.
2. Third reading of general House bills and resolutions as set by the rules committee.

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following
bills and resolutions of the Senate, to wit:
SB 142. By Senator Grayson of the 1st: A bill to amend the act requiring persons on the payroll of the state to take a prescribed loyalty oath; and for other purposes.
SB 161. By Senator Harrison of the 17th: A bill to fix penalties for violation of rules and regulations made by the State Board of Health; to repeal all conflicting laws; and for other purposes.
SB 184. By Senators Dykes of the 14th, Tarver of the 48th, and others: A bill to extend the provisions of the merit system act approved February 4, 1943, to include the employees of the State Department of Education; and for other purposes.
SB 216. By Senators Rich of the 8th and Foster of the 40th: A bill to make it unlawful for any person to falsely claim to be a representative of a board of health or health department; and for other purposes.

1448

JOURNAL OF THE SENATE,

SB 232. By Senator Newton of the 47th:
A bill to amend an act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt; and for other purposes.

SB 240. By Senator Overby of the 33rd:
A bill to amend an act approved March 24, 1939, entitled in part "An act to amend an act -known as the chapter creating the supervisor of purchases within the Executive Department; and for other purposes.

SB 243. By Senator Eve of the 18th:
A bill to provide for absentee voting in municipal elections to establish a voters' list for use in the City of Augusta; and for other purposes.

SB 244. By Senator Eve of the 18th:
A bill to exempt any municipal corporation having a certain population from the provisions of section 92-7601 of the Code of Georgia of 1933, so as to authorize a lower rate of interest on assessments for streets and sewers; and for other purposes.

SR 92. By Senator Purdom of the 46th:
A resolution authorizing the sale of the property for the colored blind academy at Macon, Bibb County, Georgia; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to wit:
SB 238. By Senator Harrison of the 17th: A bill to amend section 24-3104 of the Code of Georgia and amendments thereto relating to compensation of court reporters reporting criminal cases, to provide a salary for the official court reporter of the Ogeechee Judicial Circuit; and for other purposes.
The .House has adopted the report of the committee of Conference on the following bills of the House and Senate, to wit:
SB 178. By Senator Pilcher of the 19th: A bill to amend an act to provide for the creation of the office of judge of the superior court, emeritus; and for other purposes.
HB 458. By Messrs. Gowen of Glynn and Reed of Cobb: A bill to provide for and to prescribe proper educational standards for applicants for the bar examination; and for other purposes.
The House has agreed to Senate amendments to the following bills and resolutions of the House, to wit:

MONDAY, FEBRUARY 13, 1950

1449

HB 600. By Mr. Twitty of Mitchell:
A bill to create a board to be known as the "Georgia Board of Naturopathic Examiners"; and for other purposes.

HB 115. By Messrs. Sumner of Worth and Greer of Lanier:
A bill to amend an act providing for the chartering of non-profit corporations to be organized for the purpose of furnishing group hospital service and providing for the method of operations; and for other purposes.

HB 214. By Messrs. Bell, Coleman and Cohen of Richmond: A bill to amend an act to fix the salaries of the court reporter and bailiff to the superior court judge; and for other purposes.
HB 322. By Messrs. Alverson, Smith and Walton of Fulton: A bill to clarify sections 23-1704 and 23-1705 of the Code of Georgia of 1933; and for other purposes.
HB 856. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others: A bill to amend an act entitled "An act to abolish the Agricultural and Industrial Development Board of Georgia"; and for other purposes.
HB 1022. By Mr. McCracken of Jefferson: A bill to amend an act to provide "tax over one-half of one per cent; prohibited by any municipality" shall not apply to the City of Savannah and the City of Augusta, etc.; and for other purposes.
HR 124. By Messrs. Durden and Davis of Dougherty: A resolution to propose to the qualified voters an amendment to the Constitution 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 Albany; and for other purposes.

HR 132. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County school district may exceed 7%; and for other purposes.

1450

JOURNAL OF THE SENATE,

The House has agreed to the Senate amendments to the following bills of the House, to wit:

HB 482. By Messrs. Gross of Stephens, Holloway of Schley, and others:
A bill to promote the live stock industry in Georgia; and for other purposes.

HB 362. By Messrs. Terrell, Moulton and Covington of Floyd:
A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court, the sheriff and others; and for other purposes.

HB 167. By Mr. Risner of Hart:
A bill to repeal an act relating to the state supervision of purchases with heads of the several departments; and for other purposes.

HB 1026. By Mr. McCracken of Jefferson:
A bill to amend an act dealing with the regulation by the Georgia Public Service Commission of common carriers; and for other purposes.

HB 1011. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act incorporating the City of Kennesaw, in the County of Cobb; and for other purposes.

HB 1082. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to provide for the extension of the city limits to include Clark University; and for other purposes.

HB 1099. By Messrs. Walton, Smith and Alverson of Fulton:
A bill to repeal the law requiring a late primary for county officers in counties having a population of 200,000 or more; and for other purposes.

HB 809. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A bill to delegate to and to authorize and empower the commissioners of roads and revenues of Muscogee County to increase or decrease the salaries of the clerk of the superior court of Muscogee County; and for other purposes.

HB 796. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.

HB 972. By Messrs. Alverson, Smith and Walton of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta; to provide an increase in the salaries of the judges and solicitor general; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1451

Senator Housley of the 32nd 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 :

SR 101. SR 106. SR 108.

Respectfully submitted, Housley of 32nd District, Chairman

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

HB 1066. By Messrs. Hubert, Howard and McWhorter of DeKalb:

A bill to amend an act approved August 17, 1909, creating and estab-

lishing a new charter and municipal government for the Town of Deca-

tur, now the City of Decatur; and for other purposes.

,

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

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

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

HB 1126. By Messrs. Alverson, Walton and Smith of Fulton:
A bill to authorize and direct the commissioner of roads and revenues of Fulton County to pay the sheriff of such county an annual salary of not less than eight thousand ($8,000) dollars and not more than ten thousand ($10,000) dollars payable in monthly installments; and for other purposes.
The report 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 1110. By Mr. Adams of Polk:
A bill to amend the charter of the City of Cedartown so as to change the time for holding elections in said city; and for other purposes.

1452

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 238. By Senator Harrison of the 17th:
A bill to amend section 24-3104 of the Code of Georgia and amendments thereto relating to compensation of court reporters reporting criminal cases to provide for salary for the official court reporter of the Ogeechee Judicial Circuit; and for other purposes.
The House amendment was as follows:
By Messrs. Hagan of Screven, Dodd and Trapnell of Bulloch, Aycock of Jenkins, and Edwards of Effingham:
Amend SB 238 by striking section 6 in its entirety, and substituting in lieu thereof a new section 6 which shall read as follows:
"Section 6. That before this act shall become effective in one of the specific counties comprising the Ogeechee Judicial Circuit, it must have the approval of the grand jury of that county. The grand jury of each county shall vote for the approval or rejection of this act at the first session following the date of the approval of this act by the Governor. If any grand jury should not approve this act, then it shall have no effect in that particular county. In the counties where grand juries approve this act, they shall then pay the same pro rata share as they would have been required to pay if all four counties comprising the Ogeechee Judicial Circuit had approved said act."
Senator Harrison of the 17th moved that the Senate disagree to the House amendment and that a committee of conference be appointed.
On the motion to disagree, the ayes were 28, nays 0.
The motion prevailed and the President appointed as a committee of conference on the part of the Senate: Senators Harrison of the 17th, Grayson of the 1st, and Williams of the 20th.

The following general bills and resolutions were read the third time and put upon their passage:
HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and Gross of Stephens:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the Western & Atlantic railroad; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1453

Senator Harrison of the 17th offered the following amendment:
Amend HB 728 by striking item 7 under section 3 and substituting the following language:
Section 3, Item 7.
"To provide that lease or leases shall be made upon competitive bidding after 60 days advertisement in one or more legal organs of the County of Fulton; and shall be let to the highest bidder."
The amendment was adopted.
Senator Lunsford of the 9th offered the following amendment:
Amend HB 728 by striking the last three words in section 9 and substituting in lieu thereof the following words "budget commission."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 873. By Messrs. Boone of Wilkinson, Harden of Ben Hill, Kellam of Laurens, and Tuten of Bacon:
A bill to furnish financial relief for W. J. Bush, 105 years of age; and for other purposes.

Senator Pittman of the 42nd offered the following amendment:

Amend HB 873 as follows:

"Provided that after the death of said soldier the State of Georgia shall be reimbursed in the sum of $2,000 without interest on the sale of the home of said soldier before same distributed to his heirs at law."

The amendment was adopted.

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Daniel Davis Florence Foster Garrett Gary Grayson Harrison

.Higginbotham Housley Jones Land, 51st
Land, 24th Layton
LeCraw
Lunsford Mason Massey Newton Overby Peterson

Pilcher Pittman Rackley Roddenberry Rowland Saunders
Stark Swint Tarver Turner Ursrey Williams Zellner

1454

JOURNAL OF THE SENATE,

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 39, nays 0. Three Senators voted present.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator LeCraw of the 52nd moved that the Senate limit debate on each bill this day to five minutes for each Senator.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
Senator Lunsford of the 9th moved that the Senate limit debate on each bill this day to 20 minutes for each side.
On the motion, the ayes were 33, nays 3, and the motion prevailed.
The following resolutions were read and adopted:

SR 106. By Senators Grayson of the 1st and Pilcher of the 19th:
A resolution postponing time of sine die adjournment in order to consider House measures if same is agreeable to House of Representatives.

SR 107. By Senators Grayson of the 1st and Stark of the 35th:
A resolution that the Senate express appreciation for faithful and loyal service of Senator Walter Harrison of the 17th and congratulate him for his twenty years of service as mayor of Millen.

HR 149. By Messrs. Watford of Long, Lewis of Hancock, Henderson of AtkinSOI\ Gross of Stephens, and Mathews of Peach:
A RESOLULTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph II, sub-paragraph I, of the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia; and for other purposes.
Be it resolved by the General Assembly of Georgia:
SECTION 1. That Article VII, Section I, Paragraph II, sub-paragraph 1. of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: "Provided, however, that the General Assembly is hereby authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia.", so that said subparagraph 1. when so amended shall read as follows:
"1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association. Provided, however, that the General Assembly is hereb31

MONDAY, FEBRUARY 13, 1950

1455

authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership, or corporation which puts down and brings in the first commercial oil well in the State of Georgia."

SECTION 2. Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "For ratification of amendment to Article VII, Section I, Paragraph II, sub-paragraph 1 of the Constitution, so as to authorize the General Assembly to provide for the payment of one hundred thousand dollars ($100,000.00) for bringing in the first commercial oil will in this State." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "Against ratification of amendment to Article VII, Section I, Paragraph II, sub-paragraph 1. of the Constitution, so as to authorize the General Assembly to provide for the payment of one hundred thousand dollars ($100,000.00) for bringing in the first commercial oil well in this State." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.

Senator Pittman of the 42nd offered the following amendment: Amend HR 149 as follows: "Commercial oil well shall be a well producing at least 250 barrels of oil per day, as determined by state geologist."
The amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Clary Coleman Daniel
Davis Eve
Foster Garrett Gary Harris

Harrison Higginbotham Housley Jones Land, 51st Land, 24th Layton
LeCraw Lunsford
Mason McCoy Newton Overby

Peterson Pilcher Pittman Rich Rowland Saunders Swint Tarver Turner Ursrey Williams

1456

JOURNAL OF THE SENATE,

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 933. By Messrs. McMillan of Washington, Lewis of Hancock, Ray of Warren, Huddleston of Fayette, and others:
A bill to amend an act known as the Grade Crossing Elimination Act, relating to maintenance of overpasses and underpasses; and for other purposes.
Senator Harrison of the 17th moved that HB 933 be tabled.
On the motion to table, the ayes were 15, nays 13, and the motion prevailed.

HB 868. By Mr. Twitty of Mitchell:
A bill authorizing the counties, county boards of public instruction, cities, towns, governmental units, departments, boards, or bureaus of the State of Georgia to deduct from the salaries and wages of their respective employees, with the consent of such employees, and remit the same periodically to insurance companies in consideration of insurance to be furnished to said employees upon a group basis; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 135. By Mr. Cagle of Pickens:
A resolution to authorize the State Highway Department of Georgia to reimburse Pickens County in the amount of $28,173.28 for amount expended by said county on State Aid Project No. 1160 on the Tate-Waleska road, being State Highway No. 156; and for other purposes.
Senator Lunsford of the 9th moved that HR 135 be tabled.
On the motion to table, the ayes were 19, nays 9, and the motion prevailed.

HR 133. By Messrs. Miller, Trice and Vandiver of Bibb:
A resolution to authorize the Governor of Georgia to pay to the City of Macon the sum of $3,435.95 as reimbursement to said city of the state's proportionate share of cost of paving of Hawthorne and Third streets in said city; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered and the vcte was as follows :

MONDAY, FEBRUARY 13, 1950

Those voting in the affirmative were Senators:

Ayers Blalock Boyett Bryant Cochran Coleman Davis Eve Florence Foster Garrett Gary Grayson

Harris Harrison Higginbotham Jones Land, 51st Land, 24th Layton LeCraw Lunsford McCoy Newton Overby Peterson

Pilcher Pittman Purdom Rich Roddenberry Saunders Swint Tarver Turner Ursrey Williams Zellner

1457

Those voting in the negative were Senators:

Ansley Clary

Housley Mason

Massey Rowland

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 6.
The resolution, having received the requisite constitutional majority, was adopted.

HB 869. By Mr. Gross of Stephens:
A bill to amend the General Appropriations Act of 1949 by appropriating an additional $150,000 to be used for farmers markets, operations; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend HB 869, caption, and adding a new section to be appropriately numbered, to read as follows:
"And the sum of $125,000 is hereby appropriated to the Department of Agriculture, to be used in the eradication, and control of disease of livestock, and poultry in this state, same to be in addition to the appropriation (Laws of 1949) section 21 sub section "A" and "B".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an appropriation, a roll call was ordered and the vote was as follows:

1458

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Cochran Coleman Daniel Davis Eve Florence Foster Garrett Gary

Grayson Harris Higginbotham Housley Jones Land, 51st Land, 24th Layton LeCraw Lunsford Mason Massey McCoy Newton Overby

Voting in the negative was Senator Harrison.

Pilcher Pittman Purdom Rackley Rich Roddenberry Rowland Saunders Stark Swint Tarver Turner Ursrey Williams Zellner

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 45, nays 1.

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

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President : The House recedes from its position in adopting House amendment to the
following bill of the Senate, to wit:
SB 238. By Senator Harrison of the 17th: A bill to amend section 24-3104 of the Code of Georgia and amendments thereto relating to compensation of court reporters reporting criminal cases, to provide a salary for the official court reporter of the Ogeechee Judicial Circuit; and for other purposes.
The House has adopted the report of the committee of conference on SB 213 and SB 185.
The House has adopted as amended the following resolution of the Senate, to wit:
SR 106. By Senators Grayson of the 1st and Pilcher of the 19th:
A resolution whereas, the House and Senate have previously adopted a resolution to adjourn sine die at 1:00 o'clock P. M. today, and postponing the time of sine die adjournment in order to consider House measures if the same is agreeable to the House of Representatives.

MONDAY, FEBRUARY 13, 1950

1459

The House has disagreed to the Senate amendment to the following bill of the House, to wit:

HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester approved August 16, 1909; and for other purposes.

The following conference committee report was read by the Secretary:
Mr. President and
Mr. Speaker:

Your committee on conference appointed to consider differences between the House and Senate on SB 185, beg leave to make the following report:
That the House and Senate both recede from their action in adopting Section 5 and recommend that a new Section 5 be adopted as follows:
"Section 5. All municipalities, cities, towns and counties shall have the power and authority by ordinance or otherwise to set up standards concerning all milk and milk products sold within their limits higher than the standards prescribed heretofore in this Act, and such municipalities, cities, towns and counties shall have the power and authority to revoke or cancel the permit or license of any person, firm or corporation doing business within their limits who violates any of the provisions of this Act, or ordinance, or rule or regulation, or order prescribed by said municipalities, cities, towns or counties. No rules and regulations shall be promulgated by the Commissioner of Agriculture denying any municipality, city, town or county the power and authority provided for in this section."
That the House and Senate both recede from their action in adopting Section 1, and that a new section be adopted as follows:
Section 1. That on and after the passage of this Act, all fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered for the purpose of human consumption shall be Grade A, only, according to specifications in the laws, and rules and regulations promulgated by the Commissioner of Agriculture.
Respectfully submitted, Senator Zellner, Senator Ursrey, Senator Tarver, On the part of the Senate
Representative Campbell, Representative Williams, Representative Gross,
On the part of the House
Senator Cochran of the 7th moved that the conference committee report on SB 185 be adopted.
On the motion to adopt, the ayes were 38, nays 1, and the conference committee report was adopted.

1460

JOURNAL OF THE SENATE,

Senator Blalock of the 36th moved that the Senate insist on its amendment on the following bill of the House and that a committee of conference be appointed:

HB 744. By Messrs. Robertson and Hill of Meriwether:
A bill to amend the charter of the City of Manchester of 1909 so as to provide for increase in number of commissioners; and for other purposes.

The motion prevailed and the president appointed as a committee of conference on the part of the Senate:
Senators Overby of the 33rd, Grayson of the 1st, and Gary of the 12th.

The following resolution was taken up for the purpose of considering a House amendment thereto:
SR 106. By Senators Grayson of the 1st and Pilcher of the 19th: A resolution that the General Assembly adjourn sine die at one o'clock February 13th, 1950.

The House amendment was as follows:
By Mr. Gross of Stephens:
Amend SR 106 to read as follows: "The hour of sine die adjournment shall be 3 o'clock February 13, 1950."
Senator Pilcher of the 19th moved that the Senate agree to the House amendment, and the motion prevailed.

HB 1037. By Messrs. Hill of Meriwether, Gross of Stephens, Twitty of Mitchell:

A bill to amend an act so as to increase the appropriation provided for the cost of operating the State Prison Institution System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Brooks Bryant Cochran Daniel Davis Eve Florence Foster Garrett Gary

Harris Harrison Higginbotham Housley Jones Land, 24th Layton LeCraw Lunsford McCoy Mason N ~wton Overby

Peterson
Pilcher Pittman Purdom Rackley Rich Roddenberry Saunders Stark Tarver Turner Williams Zellner

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

MONDAY, FEBRUARY 13, 1950

1461

On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 862. By Messrs. Miller, Vandiver and Trice of Bibb:
A bill to amend an act relating to the method of recording instruments affecting title to land ; and for other purposes.

Senator Pittman of the 42th offered the following amendment:
Amend HB 862 by adding thereto in the new section of said bill to be known as Section I, the following language after the word "methods", "It shall be lawful to make phptostatic copy or copies of any plats, blueprints or other copies of plats that are already of record in said clerk's office. Said copies or photostatic copies thereof shall serve all purposes and shall be as authentic as the original thereof."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 864. By Messrs. Vandiver, Miller and Trice of Bibb:
A bill to authorize the ordinary in counties of this state to install and use photostatic or other photographic equipment for the purpose of recording any papers or documents authorized or required to be recorded in his office or the minutes of his court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 188. By Mrs. Blitch of Clinch:
A resolution to authorize the Governor acting for and on behalf of the state to sell five acres of land located in the 13th District of Clinch County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 981. By Messrs. McMillan of Washington, MeWhorter of DeKalb, and Abney of Walker:
A bill to prohibit use of walking cane which is white or white with red tip, except by blind persons ; and for other purposes.

1462

JOURNAL OF THE SENATE,

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

HB 768. By Mr. Abney of Walker:
A bill to authorize the Governor to lease approximately 160 acres of certain land in Lots Nos. 99 and 100 of the 12th District and 4th Section of Walker County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 973. By Adams, Evans, Smiley of Liberty:
A bill to amend "Revenue Certificate Law of 1937" by adding to Section 2 provisions whereby counties may purchase lands held in fee from the Government of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has agreed to the Senate amendments of the following bills and
resolutions of the House to wit:
HB 949. By Messrs. Smith of Emanuel and Ray of Warren: A bill to amend an act by changing the appropriation of the Department of Revenue from one million, seven hundred thousand to one million, nine hundred thousand dollars for each fiscal year; and for other purposes.
HB 867. By Mr. Twitty of Mitchell: A bill to amend the Employees Retirement System Act; and for other purposes.

HB 402. By Mr. Howard of DeKalb:
A bill to amend an act providing for placing felony prisoners on probation by the court; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1463

HB 608. By Messrs. Cates of Burke and Ray of Warren:
A bill governing and regulating distributing, sales, or transportation of insecticides, fungicides, rodenticides and other economic poisons and devices; and for other purposes.

HB 728. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Gross of Stephens:
A bill to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes of the Western and Atlantic Railroad; and for other purposes.

HB 1079. By Messrs. Cohen, Bell and Coleman of Richmond:
A bill to provide for the continued existence of the public school system of the County of Richmond; and for other purposes.

HR 127. By Mr. Alverson of Fulton:
A resolution to award a gold medal posthumously to Captain William A. Fuller for his initiative and persistence beyond the call of duty, whereby extensive destruction of state property was circumvented, thereby securing to the State of Georgia a saving of vital and critical war materials, and to the Confederate Government transportation and communications lines essential to effective war operations during the War Between the States; and for other purposes.

HR 136. By Messrs. Alverson, Smith and Walton of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to provide that the board of county commissioners of Fulton County shall supplement from the said county's treasury the salaries of each of the judges of the Atlanta judicial circuit by the sum of $6,000.00 per annum; and for other purposes.
Senator Grayson of the 1st moved that HB 933 be taken from the table.
On the motion to take from the table, the ayes were 29, nays 1, and the motion prevailed.

HB 933. By Messrs. McMillan of Washington, Lewis of Hancock, Ray of Warren, Huddleston of Fayette and others:
A bill to amend an act known as the Grade Crossing Elimination Act, relating to maintenance of overpasses and underpasses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Ursery of the 54th called for the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:

1464

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Blalock Brooks Bryant Clary Cochran Coleman Daniel Davis Eve

Garrett Grayson Harris Higginbotham Land, 51st Land, 24th LeCraw Lunsford Mason Newton

Overby Peterson Pittman Rackley Rich Saunders Swint Turner Williams Zellner

Those voting in the negative were Senators:

Boyett Florence Foster Harrison

Pilcher Roddenberry Rowland Stark

Tarver Ursrey

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

On the passage of the bill, the ayes were 30, nays 10.

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

The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President: The House insists on its position on disagreeing to Senate amendment to the
following bill of the House to wit:
HB 744. By Messrs. Robertson and Hill of Meriwether: A bill to amend the charter of the City of Manchester approved August 16, 1909; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 181. By Senator Overby of the 33rd:
A bill to repeal the act creating juvenile courts in certain counties, approved August 16, 1915; and for other purposes.
HB 1105. By Messrs. Cohen of Richmond, McCracken of Jefferson, Smith of Emanuel and many others:
A bill to amend an act relating to the period of petitioner's residence in state in action for divorce so as to reduce the residence period from twelve months to six months; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1465

The report 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 1109. By Messrs. Cohen of Richmond, Matthews of Clark, Davis of Bartow and Nightingale of Glynn:
A bill to amend an act to provide that the title to real property shall not be affected by the filing of a suit for divorce unless there shall have been filed in the office of the clerk of the superior court of the county where such real property is situated and recorded by such clerk in a book kept by him for that purpose, a notice of lis pendens as provided for by Section 67-2801 of the Code of Georgia of 1933; and for other purposes.
The report 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 569. By Messrs. Langdale of Lowndes, Wilkes of Cook, and Wetherington of Echols:
A bill to amend an act to revise and amend the game and fish laws of the State of Georgia; to create a State Board of Game and Fish; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 125. By Messrs. Groover and Hunter of Troup:
A resolution to authorize the State Highway Dept. to pay to the Johnson Motor Co. of LaGrange the sum of $524.15 for damages done to truck, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows :

1466

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Boyett Coleman Daniel Davis Eve Florence Foster Garrett Harris Harrison

Higginbotham Housley Land, 51st Layton LeCraw Mason Massey McCoy Overby Peterson Pilcher

Pittman Rackley Rich Saunders Stark Swint Tarver Turner Ursrey Williams Zellner

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 127. By Messrs. Howard of DeKalb, Smith of Fulton, Smith of Emanuel and McMillan of Washington:
A bill to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 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 821. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution and industries related thereto in the State of Georgia; and for other purposes.
Senator Blalock of the 36th moved that HB 821 be tabled.
On the motion to table, the ayes were 22, nays 13, and the motion prevailed.

HB 1056. By Mr. Covington of Floyd:
A bill to repeal an act relating to the authority of the State Board of Medical Examiners of Georgia ; and for other purposes.
The Committee on Public Health offered the following substitute:
A BILL To repeal Code Section 84-927 relating to the authority of the State Board of Medical Examiners of Georgia to issue temporary licenses to

MONDAY, FEBRUARY 13, 1950

1467

certain aliens and substitute therefor a new Code Section 84-927 which will permit the State Board of Medical Examiners of Georgia to issue temporary licenses to certain aliens, to fix the terms and conditions thereof, to fix the maximum limit for such temporary license to persons who have filed their declaration of intentions to become a citizen of the United States of America, to provide for examination for permanent licenses to practice medicine; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:
Section 1. Code Section 84-927, which reads as follows: "Temporary Licenses to Certain Aliens; Eligibility for Permanent Licenses. Notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this law and who has been a resident of Georgia not less than three months, and who has been a practicing physician in a foreign state or country for at least 20 years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this state, and upon passing such examination shall be entitled to a temporary license to practice medicine in this state, which license shall be good for six years only; at the end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him. (Acts 1939, pp. 319, 320.)", is hereby repealed in its entirety, and the following section is substituted in lieu thereof:
"84-927. Temporary licenses to certain aliens, eligibility for permanent licenses. Notwithstanding the foregoing provisions, any person residing in Georgia who has been a resident of Georgia not less than three months, and can show that he is of good moral character and that he is a graduate of a medical school approved by the Association of American Medical Colleges, and/or the State Board of Medical Examiners of Georgia, and who shall have filed his declaration of intention to become a citizen of the United States of America may be granted a temporary license to practice medicine in a state institution under proper medical supervision, which temporary license, at the sound discretion of the State Board of Medical Examiners may be renewed each twelve months for not more than six years; when such person shall have become a naturalized citizen of the United States he will be eligible for examination for permanent license provided his moral and educational standards are still acceptable to the State Board of Medical Examiners; and at the end of six years if such person has not become a naturalized citizen he shall not be permitted to take the examination nor shall further temporary license be issued to him."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

1468

JOURNAL OF THE SENATE,

A sealed communication was received from His Excellency the Governor through Hon. Benton Odum, executive secretary.
Senator Pilcher of the 19th asked unanimous consent that the Senate do now go into executive session for the purpose of considering a sealed communication from His Excellency, the Governor, and the consent was granted.
The Senate went into executive session at 2:10 o'clock.

The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:
February 13, 1950
Honorable Herman E. Talmadge, Governor State Capitol Atlanta, Georgia

Dear Governor :
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you this date, February 13, 1950, were confirmed as follows:
Honorable Robert L. Harrison, Jesup, Wayne County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1956. The vote on this confirmation was ayes 43, nays 0.
Honorable H. R. McKinstry, Colquitt, Miller County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1955. The vote on this confirmation was ayes 43, nays 0.
Honorable Sam G. Lang, III, Sandersville, Washington County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1954. The vote on this confirmation was ayes 43, nays 0.
Honorable Herbert Elliott, Augusta, Richmond County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1953. The vote on this confirmation was ayes 43, nays 0.
Honorable J. C. Whitley, Douglasville, Douglas County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1952. The vote on this confirmation was ayes 43, nays 0.
Honorable W. 0. Mann, Jonesboro, Clayton County, Georgia, to be appointed a member of the Georgia State Board of Funeral Service, for a term beginning February 13, 1950 and ending February 13, 1951. The vote on this confirmation was ayes 43, nays 0.
Honorable D. B. Blalock, of Newnan, Coweta County, Georgia, to be appointed a member of the Jekyll Island State Parks Authority, for a term beginning February 13, 1950 and ending July 1, 1962. The vote on this confirmation was ayes 43, nays 0.

MONDAY, FEBRUARY 13, 1950

1469

Honorable J. D. Compton, of Brunswick, Glynn County, Georgia, to be appointed a member of the Jekyll Island State Parks Authority, for a term beginning February 13, 1950 and ending July 1, 1960. The vote on this confirmation was ayes 43, nays 0.
Honorable Mike Benton, of Atlanta, Fulton County, Georgia, to be appointed a member of the Jekyll Island State Parks Authority, for a term beginning February 13, 1950 and ending July 1, 1958. The vote on this confirmation was ayes 43, nays 0.
Honorable B. J. Tarbutton, of Sandersville, Washington County, Georgia, to be appointed a member of the Jekyll Island State Parks Authority, for a term beginning February 13, 1950 and ending July 1, 1956. The vote on this confirmation was ayes 43, nays 0.
Honorable H. Gould Barrett, of Augusta, Richmond County, Georgia, to be appointed a member of the Jekyll Island State Parks Authority, for a term beginning February 13, 1950 and ending July 1, 1954. The vote on this confirmation was ayes 43, nays 0.
Honorable Milton F. Gardner, to be Solicitor of the County Court of Baldwin County, to succeed Honorable W. S. Edwards, for a term beginning February 2, 1950 and ending February 2, 1954. The vote on this confirmation was ayes 43, nays 0.
Respectfully yours,
George D. Stewart

The Senate reconvened in a regular session at 2:25 o'clock and resumed the order of business.

The following resolution of the Senate was read and adopted:
SR 108. By Senator Ursrey of the 54th: A resolution extending welcome to annual convention to soil conservation district supervisors; and for other purposes.

HB 931. By Messrs. Murr of Sumter, Holloway of Schley, Stevens of Webster and Matthews of Clarke:
A bill to amend an act to define reckless driving, so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Boone, the clerk thereof:

1470

JOURNAL OF THE SENATE,

'Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SR 59. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of Georgia, an amendment to the Constitution establishing commissions of the City of Savannah.

SB 206. By Senators Foster of the 40th and others:
A bill to amend an act entitled "an act to define reckless driving and to prohibit the same; and for other purposes.

The House has passed by the requisite constitutional majority the following resolution of the Senate, to wit:
SR 78. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of Georgia an amendment to Article VI, Section V, Paragraph I of the Constitution of Georgia effecting only the Eastern Judicial Circuit of Georgia; and for other purposes.

The House has adopted the following resolution of the House, to wit:
HR 235. By Mr. Smith of Emanuel:
A resolution to amend SR 43 approved February 25, 1949, entitled "Commission to Revise and Restate Insurance Laws of Georgia"; and for other purposes.

The House has disagreed to Senate amendment to the following bill of the House, to wit:
HB 873. By Messrs. Boone of Wilkinson, Harden of Ben Hill and others:
A bill to appropriate money for relief of W. J. Bush, 105 year old veteran of the Civil War and the last living veteran that Georgia sent to the Armies of the South; and for other purposes.

The following resolution was taken up for the purpose of considering a House amendment thereto:
SR 59. By Senator Grayson of the 1st:
A resolution proposing to the voters of Georgia an amendment to the Constitution establishing commissioners of the City of Savannah; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1471

The House amendment was as follows:
By Messrs. Page and McGee of Chatham:
Amend SR 59 by striking from said resolution the words "The Park and Tree Commission of Savannah, the Industrial and Domestic Water Supply Commission of Savannah, and the Armstrong College Commission" wherever same appear in said resolution and striking the word "Commissions" wherever same shall appear and substituting in lieu thereof the word "Commission".
By adding to Paragraph 2 of Section I at the end thereof the words: "However said Commission shall submit an annual financial statement to the mayor and aldermen of the City of Savannah, which said financial statement shall be submitted to said mayor and aldermen of the City of Savannah not later than twenty days after the close of the calendar or fiscal year of said Commission.
By adding to Paragraph 3 of Section I at the end thereof, the words: "All employees within the classified service of the City of Savannah Civil
Service Act are expected from the provisions of this paragraph."
Senator Grayson of the 1st moved that the Senate agree to the House amendment.
On the motion to agree the ayes were 37, nays 0, and the amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 206. By Senators Foster of the 40th, McCoy of the 4th, and Daniel of the 49th:
A bill to amend an act entitled an act to define reckless driving and to prohibit the same; to restrict the speed on the public streets and highways of this state; and for other purposes", by striking the figure "55" and substituting therefor the figure "65"; and for other purposes.
The House amendment was as follows:
By Mr. Davis of Bartow:
Amend SB 206 by striking the provision which reads as follows: "Provided however, that all passenger motor vehicles operate on the public streets and highways of this state and having pneumatic tires are authorized to operate at a speed of not exceeding 65 miles per hour."
Senator Grayson of the 1st moved that the Senate agree to the House amendment.
On the motion to agree, the ayes were 30, nays 0, and the amendment was agreed to.
Senator Grayson of the 1st moved that the Senate recede from its position in amending the following bill of the House:

1472

JOURNAL OF THE SENATE,

HB 873. By Messrs. Boone of Wilkinson, Harden of Ben Hill and others:
A bill to appropriate money for relief of W. J. Bush, 105 year old veteran of the Civil War; and for other purposes.
On the motion to recede, the ayes were 28, nays 5 and the motion prevailed.

The following bill was taken up for the purpose of considering House amendments thereto:
SB 181. By Senator Overby of the 33rd:
A bill to repeal the act creating juvenile courts in certain counties, approved August 16, 1915, (Georgia Laws 1915) page 35 as amended all of which acts are codified as Chapter 24-24 of the Code of Georgia; and for other purposes.
The House amendments were as follows:
By Messrs. Hand of Mitchell, Bennett of Barrow, Lewis of Hancock, Tuten of Bacon, Cook of Chattooga, and Adams of Brantley:
Amend SB 181 by striking Paragraph (1) of Section 5 in its entirety, and substituting in lieu thereof the following: (1) The judge of each juvenile court shall be appointed by the Governor within thirty (30) days from the effective date of this act. Said appointment shall be certified to the Secretary of State, who in turn shall issue a commission to the appointed judge. Provided the Governor shall be required to appoint for the first term under this act any juvenile court judge now serving a complete district as set up in this act, under the present law.
By Mr. Jennings of Baldwin:
Amend SB 181 by striking in its entirety subsection 7 of Section 19.
By Mr. Howard of DeKalb:
Amend Section 4 of SB 181 by striking "Banks" from Paragraph 3 of said Section, and striking "Greene" from Paragraph 7 of said Section; and by adding the word "Banks" at the end of Paragraph 7 of said Section, and adding the word "Greene" at the end of Paragraph 11 of said Section.
By Mr. Cook of Chattooga:
Amend SB 181 by striking from the first line of Paragraph 2 in Section 5, the word "and" and substituting in lieu thereof the words "or anyone".
By Messrs. Davis and Durden of Dougherty:
Amend SB 181 by striking the word "shall" in the 8th line of Section V, Paragraph 4 of said bill and inserting in lieu thereof the words "may, on approval of the County Commissioner of other governing authority".
By Mr. McCracken of Jefferson:
Amend SB 181 by striking from the fourth line of Section 26 between

MONDAY, FEBRUARY 13, 1950

1473

the word "exceed" and the word "dollars" the words and figures "five hundred ($500.00)" and inserting in lieu thereof the words and figures "two hundred ($200.00) "; and by striking in line five of Section 25 between the word "exceed" and the word "days the figures "50" and inserting in lieu thereof the figures "20", so that said Section 26 when so amended shall read as follows :
"Section 26. Contempt of court. Any adult who wilfully violates, neglects or refuses to obey or perform any lawful order of the court, or who violates any provision of this act, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine not to exceed two hundred ($200.00) dollars or by imprisonment n.ot to exceed 20 days, or by both such fine and imprisonment."

By Mr. McCracken of Jefferson:
Amend SB 181 by striking Section 27 and inserting the following to read as follows and to be designated as Section 27.
"Subsection (a). Any person being a party to an action either civil or criminal within the jurisdiction of this court shall have the right of appeal to a jury in the Superior Court under the same rules and regulations that are now in force for appeals from justice or other inferior courts to a jury trial in the Superior Court."

By Mr. Miller of Bibb:
Amend SB 181 by adding a new subsection to Section 5, to be appropriately numbered, which shall read as follows:

. "In the event of disqualification, illness, or absence of the judge of the juvenile court, upon his request if he is able to make it, otherwise upon the request of the judges of the Superior Court, or a majority of them, whose circuits embrace in whole or in part such district, the ordinary of any county, or the judge of the city court of any county, or any person, residing in any county of such district, shall be appointed pro tempore as the judge of the juvenile court, and shall have the authority to preside in the stead of said disqualified, ill, or absent judge."

Senator Overby of the 33rd moved that the Senate agree to the House amend-

ments.



On the motion, the ayes were 33, nays 6, and the amendments were agreed to.

The following resolution was read and adopted:
HR 235. By Mr. Smith of Emanuel:
A resolution to amend SR 43 approved February 25, 1949, entitled "Commission to revise and restate insurance laws of Georgia"; and for other purposes.

The following general bills were read the third time and put upon their passage:
HB 695. By Messrs. Alexander and Duncan of Carroll:
A bill to amend Section 114-101 of the Code of Georgia, of 1933, as amended, relating to the definition of "employer" for the purpose of the

1474

JOURNAL OF THE SENATE,

Workmen's Compensation Act so as to include in the definition of "employer"; and for other purposes.
The report 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 1098. By Messrs. Willingham and Reed of Cobb:

A bill to amend the act known as the General Appropriation Act, so as to appropriate an additional twenty-five thousand dollars ($25,000) to the Department of Parks for the purpose of constructing bath house facilities at the Allatoona Dam project; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Brooks Bryant Clary Cochran Daniel Davis Eve Florence Foster Gary

Grayson Harris Harrison Housley Jones Land, 51st Layton LeCraw Lunsford Mason Massey Newton Overby Peterson

Pilcher Pittman Purdom Rackley Roddenberry Saunders Stark Swint Tarver Turner Williams Zellner

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

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

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

HR 210. By Messrs. Reed and Willingham of Cobb:
A resolution that the Department of Parks is hereby authorized and directed to negotiate with the federal government for the leasing of Allatoona Dam recreational area, adjacent to the subimpoundment dam in Cobb County; and to operate said recreational area; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 13, 1950

1475

On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Boone, the clerk thereof:
Mr. President: The House has adopted the following resolution of the House to wit :
HR 236. By Mr. McCracken of Jefferson: A resolution providing that the time of adjournment be extended to 4:00 o'clock, February 13, 1950.

The following resolutiot1 was read and adopted :
HR 236. By Mr. Gross of Stephens: A resolution extending the hour of adjournment sine die until 4 o'clock today.

HB 100. By Messrs. Howard and Hubert of DeKalb:

A bill to compensate Dr. Fred Curtis for the death of his wife, Mrs. Annie Mae Curtis, an employee of the state, who was killed in an elevator in the State Office Building; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Clary Cochran Daniel Eve Florence Garrett Harrison Higginbotham Housley

Jones Land, 51st LeCraw Lunsford Mason Newton Overby Peterson Purdom Roddenberry

Saunders Swint Tarver Turner Ursrey Williams Zellner

Senator Pittman voted in the negative.

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 28, nays 1. The bill, having received the requisite constitutional majority, was passed.

1476

JOURNAL OF THE SENATE,

HR 91. By Messrs. Alverson, Smith and Walton of Fulton:

A resolution, to compensate William Melvin Kimbrell for injuries sustained by the collapsing of a grandstand at the Reidsville State Prison; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Cochran Daniel Davis Eve Florence Grayson

Harrison Higginbotham Housley Jones Land, 51st Lunsford
Mason McCoy Newton Overby Peterson

Purdom Roddenberry Saunders Stark Swint Tarver Turner Ursrey Williams Zellner

Senator Pilcher voted in the negative.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 33, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 163. By Messrs. Salter and Freeman of Upson:

A resolution, compensating Mrs. Martha H. Ellington for damages to her automobile resulting from an accident when hit by a state operated vehicle; and for other purposes.

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

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

Those voting in the affirmative were Senators:

Ansley Ayers
Blalock Boyett Bryant Cochran Daniel
Da.vis Foster Garrett

Harrison Higginbotham Housley
Jones Land, 51st Lunsford Mason Massey Overby Peterson

Purdom Roddenberry Saunders Swint Turner Ursrey Williams Zellner

S~nator Pittman voted in the negative.

MONDAY, FEBRUARY 13, 1950

1477

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 28, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 96. By Messrs. Salter and Freeman of Upson:
A resolution to compensate Mrs. S. T. Willis and he1 four children for injuries received in an accident caused by negligence of the State Highway Department; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Blalock Boyett Cochran Grayson Harrison Higginbotham Housley Jones

Land, 51st Lunsford Mason McCoy Newton Overby Peterson Pilcher

Purdom Rackley Roddenberry Saunders Swint Turner Williams Zellner

Those voting in the negative were Senators:

Ansley Ayers Clary

Daniel Davis Pittman

Tarver Ursrey

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

On the adoption of the resolution, the ayes were 24, nays 8.

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

HR 23. By Mr. McGarity of Henry:
A resolution to compensate for injuries to the house of Mrs. Olivia Glass by state patrolman running automobile of state patrol into right front corner of porch; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:

1478

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ansley Ayers Blalock Boyett Bryant Cochran Daniel Davis Eve Foster Garrett Grayson

Harrison Higginbotham Housley Jones Land, 51st Lunsford Mason Massey McCoy Newton Overby Peterson

Pilcher Purdom Rackley Roddenberry Saunders Stark Swint Tarver Turner Ursrey Williams Zellner

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

On the adoption of the resolution, the ayes were 36, nays 0. Two Senators voted present.

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 the requisite constitutional majority the following bills of the Senate to wit:

SB 126. By Senator Clary of the 29th:
A bill to amend an act approved March 30, 1937 as amended by an act authorizing the creation of non profit corporations for the purpose of furnishing group hospital service; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 163. By Senators LeCraw of the 52nd, Roddenberry of the 3rd, Overby of the 33rd, and Purdom of the 46th:
A bill to extend the provisions of the Merit System Act, approved February 4, 1943 (Georgia Laws, 1943, pages 171-177) to include the employees of the State Military Department, to repeal conflicting laws; and for other purposes.
SB 197. By Senators Dykes of the 14th, Overby of 33rd and Stark of 35th:
A bill to amend an act approved March 24, 1939 (Georgia Laws 1939, pp. 160-177) entitled in part "an act to amend an act approved March 29, 1937 (Georgia Laws 1937, pp. 503-515), entitled 'an act to amend Chapter 40-19 of the 1933 Code known as the chapter creating the Supervisor of Purchases within the Executive Department; and for other purposes.

MONDAY, FEBRUARY 13, 1950

1479

HR 174. By Messrs. Baggett of Grady, Chastain of Thomas and Pittman of Tift:
A resolution to pay damages caused by a highway truck while being used for highway purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Ansley Blalock Boyett Bryant Cochran Daniel Davis Eve Florence Foster Garrett

Harrison Higginbotham Housley Jones Land, 51st Lunsford Mason McCoy Newton Overby Peterson

Those voting in the negative were Senators:

Rackley

Rowland

Pilcher Purdom Roddenberry Stark Tarver Turner Ursrey Williams Zellner
Swint

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 31, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

HB 724. By' Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill providing that the State of Georgia may enter into a compact with any of the United States for mutual helpfulness in relation to persons convicted of crime or offense who may be on probation or parole; and for other purposes.
The report 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 896. By Messrs. Rogers of Heard, Ellis of Coffee and others:
A bill to create a centralized service in the Department of Agriculture for the purpose of recording brands, marks and identification of all domestic animals in order to determine legal ownership; and for other purposes.
Senator Swint of the 26th moved that HB 896 be tabled.
On the motion to table, the ayes were 20, nays 9, and the motion prevailed.

1480

JOURNAL OF THE SENATE,

HB 1036. By Messrs. Covington of Floyd, Gross of Stephens, Duncan of Carroll, and others:
A bill to amend Section 56-1413 of the Code of 1933, relating to the power and authority of incorporated mutual or cooperative fire insurance companies to make contracts of insurance and reinsurance, so as to clarify that such companies are authorized and empowered to make contracts of insurance and reinsurance against loss or damage to person or property occasioned by the operation of any and every kind of motor vehicle; and for other purposes.
The report 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 784. By Mr. Stanton of Newton:
A bill to set up statewide control of foxes infested with rabies; to authorize and direct the State Game and Fish Commission to promulgate rules and regulations to effectuate the provisions 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, Senator Starke of the 35th 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:

Ansley Boyett Davis Eve Florence Foster Grayson Harris Harrison

Higginbotham Jones Lunsford Mason McCoy Peterson Pittman Purdom Roddenberry

Rowland Saunders Swint Tarver Turner Ursrey Williams Zellner

Those voting in the negative were Senators:

Blalock Brooks Bryant Clary Cochran

Garrett Land, 51st Massey Newton Overby

Pilcher Rackley Stark

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

On the passage of the bill, the ayes were 26, nays 13.

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

MONDAY, FEBRUARY 13, 1950

1481

Senator Housley of the 32nd 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 Governor :

SB 185. SB 238. SB 237. SB 126. SB 216. SB 177. SB 125. SB 204. SB 244. SB 232. SB 127. SB 169. SB 228. SB 181. SB 213. SB 135. SB 159. SB 142. SB 166. SB 173. SB 178. SB 193. SB 197. SB 198. SB 201. SB 206. SB 225. SB 236. SB 243. SR 78. SR 59. SR 53. SR 57. SR 55. SR 66. SR 92.

Respectfully submitted, Housley of 32nd District, Chairman

1482

JOURNAL OF THE SENATE,

Senator Housley of the 32nd 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 have instructed me as chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 134. SB 141. SB 143. SB 147. SB 149. SB 162. SB 174. SB 180. SB 190. SB 205. SB 211. SB 212. SB 144. SB 150. SB 151. SB 145. SB 240. SB 138. SB 161. SB 152. SB 222. SB 155. SB 163. SB 218. SB 192. SB 221. SB 184. SB 146. SR 24.

Respectfully submitted,

Housley of 32nd District, Chairman

The following resolution was read and adopted:
SR 109. By Senator Pilcher of the 19th:
A resolution, the Senate concurring, that a joint 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 the Governor, that the General Assembly has completed its seventy day session for the years 1949-1950 and are ready to adjourn sine die.
The president appointed on the part of the Senate:
Senators Grayson of the 1st and Eve of the 18th.

The hour of adjournment having arrived, the president announced the Senate adjourned sine die at 4:08 pm.

INDEX TO JOURNAL
OF
THE SENATE
EXTRAORDINARY SESSION, September, 1948 EXTRAORDINARY SESSION, November, 1948
REGULAR SESSION, 1949 EXTRAORDINARY SESSION, July, 1949
REGULAR SESSION, 1950 Part 1-House and Senate Bills and Resolutions Part 11-House and Senate Resolutions Part III-House Resolutions in Senate
ltX:I

INDEX

1485

SENATE JOURNAL

Part I

HOUSE AND SENATE BILLS AND RESOLUTIONS

A
Accounting and Accountants
SB 123-Public Accountants, provide for printing and distribution of names and addresses__________451, 552, 849, 1037, 1279
HB 381-C. P. A. revocation of certificates________________918, 930, 993, 1017, 1213 HB 553-C. P. A. require annual audit in counties__________________________________________ 1069
Addresses
Lt. Governor M. E. Griffin, inauguration _--------------------------------------------------------- 38 Governor H. E. Talmadge, inauguration-------------------------------~--------------------------- 40 Governor H. E. Talmadge__________________________________________________________________________________ 53 Governor Talmadge -------------------------------------------------------------~--------------------------------- 93 Extraordinary Session 1949, Governor Talmadge ------------------------------------------ 777 Governor Talmadge -----------------------------------------------------------------------------~---------------- 855 Governor Talmadge -----------------------------------------------------------------------------------------------1430 Sena tor Blalock __________ ---------------------------------------------------------------------------------------- ____ 921
Adoption
SB 201-Revise Laws ___ --------------------------- ______________909, 963, 1003, 1405, 1439 SB 208-Amend laws, children ______________________________________________14, 958, 1075, 1326 SB 229-Investigations _____ ----------------------------------------------- _______ 1047, 1132, 1244 HB 272-Children _ __ _ __ ----------------------------- __ 332, 342, 386, 513, 621
Advertisements (See Publications)
SB 62-Alcohol Advertisements -----------------------------------------------------167, 298. 572 HB 31-Amend code providing for selection of official
organization for legal advertising__________121, 124, 193, 201, 299, 894 HB 235-Fee for legal advertisement in certain counties_____245, 249, 300, 325
Agricultural Commodities Commission
HB 821-Create office ---------~--------------------------------------------------969, 973, 1013, 1466
Agricultural and Development Board
SB 1-Abolish ------------------------------------------------------------ 70, 78, 91, 109, 262, 276
Agriculture and Agricultural Products (See Naval Stores)
SB 16-Regulate sale on fertilizer ---------------------------------------------------------117, 128 SB 36-0pening date of tobacco warehouses ______________________122, 140, 162, 254 SB 76-Amend seed inspection law ---------------------------------------207, 512, 575, 762 SB 231-Eggs, marketing and regulations -----------------------------1070, 1133, 1381 SR 17-Petitioning Congress to maintain a floor
on farm products ------------------------------------------------"--------------128, 151 HB 898-Fertilizer, regulation of containers, taxation__1045, 1048, 1134, 1325

r

1486

INDEX

HR 82-573c-Poultry and Egg Producers, negotiate reciprocal agreement ------------------------------------------------- 582, 594, 640, 744

Agriculture, State Department

HB 896-Recording of brands, etc., of domestic

animals _____________ --------------------------------------------- 1121, 1124, 1224, 1479

HR 55-341a-To deed land to City of Tifton and

County of Tift__________ ________ _

_919, 930, 964, 1004

Alcohol and Alcoholic Beverages (See Taxes)
SB 95-Malt Beverages, wines, liquors, legalize sale_______ __ _______________ 291 HB 747-Malt Beverages and wines, penalize for
possession of in certain counties________________________________ 928, 933, 982, 995 HB 886-Malt Beverages, regulate sales and delivery__1213, 1215, 1263, 1321 HB 1013-Malt Beverages, amend act _____________________________________ 1122, 1126, 1228

Alleyways (certain counties) HB 626-Close alleyways, certain counties __________________________581, 594, 644, 761

Amendments to Code (See named subject)

Amendments to Constitution (See Charters, Municipal Corporations, County and County Matters, and named subjects)

Anti-~1asks

SB 183-Prohibit wearing of masks _____ ----------------------------

---- 884, 1222

Appointments Confirmed

Abney, W. L. Adams, Wallace .

______ --------------------------------------------- _________________

897

--------------------------------- __ _______________ ___________________ __ 904

Addleton, R. L. ______ __

___ ------- ___ ____________ ---------------------------------------- 80

Allen, Dr. F. W.____ _------------------------- -------------------------------------------- ___________.491, 1137
Allen, John D. ____ ------------------------- ------------------ __ -----------------------~-------~------------- 900 Almon, Z. P. ------------ ___ --------. ----------------------------~-~--------------------------------------------------- 686 Altman, George G., Jr. _______________________________________________ ------------------------------------------ 898

Arnold, Robert 0. ---------------------------------------- --------~-------------------------------------------- 50

Arnold, Zack

__________ ----- ___ ____________ ----------- _______ .______ ________ ____ 897

Ayres, Dr. A. J. -------------------

-------- __ ------ __ -----------~--------------------------------------- 644

Baggerly, Charlie _____________________________________ ------------------------------- _ _______________ 896

Baker, B. E. ______ ---------------------------------- ------------------------------------------------------------------ 899 Barrett, H. Gould ------------------------------------------------ ____________________________________________ 1469

Barrett, W. K. -------------------------------------------------------------------------------------------------------- 79 Bassford, Leonard B. ---~--------------------------------------------------------------~------------------------- 83
Baum, John P. -----------------------------------------------------------+--------------------------------------------- 896 Basley, Dr. Chas. W. ------------------------------------------------------------~----------------------------- 906 Bell, Dr. Walter-----------------------------------------------------~----------~~----------------------------------- 904

Bentley, James L., Jr---------------------------------------------------------------------------------------------- 901 Benton, Mike -------------------------------------------------------------------------~-----------------------------------1469 Binford, Frank C. -----------------------------------------------------------------------------------------~--------- 898 Blackshear, Hardeman --~---------------------------------------~--------------------------------------------- 901 Blalock, Braxton ____ ------------------------------------------------~----------------------------------------------- 897
Blalock, D. B. -----------------~--------~-----~----------~---------~--------~---~------------~--~---------1468 Bland, Stephen Graham ----------------~----------~--~--------~-----------------------902, 1138

Bloch, Chas. J. ------------------------------------------------------------------------------------------------- 682 Bloch, Chas. J. ~------------------~------------------~-------------------------- 903

Blount, H. W. -------------------------------------------------------------------- 111

INDEX

1487

Boland, Dr. F. Kells -------------------------------------------------------------------------------------------- 903

Bookhammer, Dr. William ------------------------------------------------------------------------------905, 906

Bonner, Mrs. Myra ---------------------------------------+----------------------------------------------------1137

Bowen, James Oliver ------------------------------------------------------------:__________________________ 902

Boyce, Harry F ..--------------------------------------------------------------------------------------------- ________ 895

Brackett, Frank M. -------------------------------------------------------------:_________________________________ 898

Bramblett, Dr. Braswell, T. J.

W____a__l_t__e__r___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_--1648455

Bray, Harrison -----------------------------------------------------------------------------------------+----------- 83 Brewton, Dr. J. H----------------------------------------------------------------'---------------------------------- 898 Brooks, Stanley -----------------------------------------------------------------------'-----'-------------------- 74 Brown, Dr. Lamar A. -------------------------------------------------------'-----'------------------------ 901 Bruce, Chas. G. ____ --------------------------------------------------------------------------'--------- 904
Buckner, W. Ernest------------------------------------------------------------------------------------------- 111 Bulloch, Samuel -----------------------------------+---------------------------------------------------82, 1445 Burch, Hamilton -----------------------------------------------------------------"--------------------------1137 Burkholder, Gene ---------------------------------------------------------'------------------------------- 81 Burns, L. C. ____ .---------------------------------------------------------'---------------------------- 490 Bush, C. R. -----------------------------------------------------------------------------"--.'.:---'------------+--- 684 Bussey, Judge H. W. ------------------------------------------------------------------------------- 902 Butler, Emory L. ---------------------------------------------------------------------- 492

Caldwell, Dr. Harmon W. ---------------------------------------------------------,---------------- 897 Callahan, Dr. George ---------------------------------------------------------------~-------------------------- 682 Candler, T. S. ---------------------------------------------------.------------:.:_____________________1444

Candler, Scott -------------------------------------------------------------~------~----------------------- 899

Carlisle, Ernest --------------------------------------------------------------------------------- 899

Chastain, Robert ----------------------------------------------------------------------------------------- 84 Claxton, E. B. --------------------------------------------+------------------------..:.__________________ 84

Cocke, Earl, Sr. ------------------------------------------------------------:------------------------------- 899 Coker, Grady -----------------------------------------~----------------------------------------------- 490

Coleman, Dr. Fred J. --------------------------------------------------------------------------------------- 683 Collins, Dr. M. D------------------------------------------------------------'--------+--~-------- 905

Compton, J.D. -------------------------------------------------------------------------------------1469

Cowart, J. D., Jr----------------------------------------------------------------+--------------- 896

Craft, Blake ------------------------------------------------------------------------------------------------------- 898

Craton, Frank --------------------------------+--------------------------------------901, 1138

Cravey, Zack D. --------------------------------------------------------------------------------- 901

Crenshaw, W. P. -------------------------------------------------------------------------------- 898

Crisp, Charles --------------------------------------------------------------'--------------------------------- 899

Crouch, Mrs. Frances N. ------------------+--------------------------------------------------- 82, 905

Culpepper, George B., Jr. ------------------------------------------------------------------------- 905

Cummings, Henry 0. ------------------------------------------------------------------------------- 895

Daniel, Dr. F. W. ----------------------------------------------..:.___________________1444

Daniel, Sidney ---------------

____________1445

Dampier, James --------------------------------------------------------- 686

Darby, James F., Jr.--------------------------------------------------------------------- 85

Davis, Dr. A. B. --------------------

------- 902

Dorsey, Cam, Jr. -------------------------------------------------------------------+----------------------- 492

Driftmier, R. H. ----------------------------------------------------------------- 896

Duggan, Mrs. Enda ----------------------------------------------------- 905

DDuulncchaenr,yC, hSaiss.teGr.Mary

Cornile

-------------------------------------------------------______________...._______________ 82,

904 491

Dunn, J. C. ------------------------------------------------------------------------------------------- 82

Eberhardt, L. W. --------------------------------------------------:--------------------------- 897 Echols, Ivey -------------------------------------------------------------------------------------------------- 901

INDEX /;..,1 'L-

1489

Knight, Mrs. Fred --------------------------------------------------------------------------------------------------- 900 Knox, John Gordon, Jr. -------------------------------------------------------------------------902, 1138
Lang, Marshall ---------------------------------------------------------------------------------1444 Lang, Sam G., III ------------------------------------------------------------------------------685, 1468 Langsdale, Harley, Jr. --------------------------------------------------------------------------------------- 904 Lanier, Mrs. John ------------------------------------------------------------------------------------------------- 901 Lanier, W. D. ------------------------------------- .. ------------------------------------------------------------- 900 Lawson, Roger H. ---------------------------------------------------------------------------------------------------- 904 Lee, Frank, Sr. ---------------------------------------------------------------------------------------------------- 84 Lee, Sydney T. ---------------------------------------------------------------------------------------------------684, 905 Livingston, Dr. D. M. ----------------------------------------------------------------------------------------- 901 Loflin, William F. ------------------------------------------------------------------------------------------------ 490 Lott, Clinton L. -------------------------------------------------------------------------------------------------------- 898 Lovett, W. H. ---------------------------------------------------------------------------------------------------- 903
Maloof, John --------------------------------------------------------------------------------------------------------- 904 Maloy, Dr. C. J. ----------------------------------------------------------------------------------------------------1445 Mann, James---------------------------------------------------------------------------------------------- 84
Mann, W. 0. ------------------------------------------------------------------+---490, 1468
Mann, W. S. ------------------------------------------------------------ 682 Martin, Ware G. ------------------------------------------------------------------------------ 491 Mauldin, John G. -------------------------------------------------------------------------------------- 898 May, Dr. C. J. --------------------------------------------------------------------------------------- 897
Miller, J. B.-------------------------------------------------------------------------------------------------------- 905 Milner, Glenn .. ___ ------------------------------------------------------------------------- 84 Moate, Marvin ----------------------------------------------------------------------------------------- 81 Mobley, M. D. ------------------------------------------------------------------------------------------ 896 Monroe, M. M. --------------------------------------------------------------------------------------901, 903 Montgomery, Dr. R. C.----------------------------------------------------------------------- 685 Moore, W. J. ------------------------------------------------------------------------------------ ___490, 902 Morgan, Philip -------------------------------------------------------------------------------------- 895 Morrow, Troy G. -------------------------------------------------------+-------------------- ------------- 902 Morrison, Walter B. ------------------------------------------------------------------ 82 Moss, L. C. -------------------------------------------------------------------------------------------- ...... 81 Moye, A. N. ----------------------------------------------------------------------------------------------------------- 204 Myrick, Shelby, Jr. --------------------------------------------------------------------------------- 904
McCalla, Henry ------------------------------------------------+------------------------------------------------- 81 McDurdy, Douglas ------------------------------------------------------------------------------- 899 McDavit, J. L. ------------------------------------------------------------------------------------ ------------- 898 McDonald, Dr. R. H----------------------------------------------------------------------683, 903 McDonough, J. J. -------------------------------------------------------------------------- 903 McElrath, John ----------------------------------------------------------------------------------- 895 McGarr, W. J. -------------------------------------------------------------------------- ---------- 84 McGinty, Roy, Jr. --------------------------------------------------------------------------------------- 83 McKinstry, H. R. ---------------------------------------------------------------------------------------490, 1468 McLannahan, J. J. ----------------------------------------------------------------------------------- 81
McLennan, Alex----------------------------------------------------------------------- 74 MeNabb, Rev. Emmett A ....... ----------------------------------------------------------------------------- 897
McRae, Dr. A. T------------------------------------------------------------------------------------------------1444
Neely, Frank ----------------------------------------------------------------------'----------------------- 492
Nelson, Raymond----------------------------------------------------------------------------------- 899 Norris, Dr. J. C. -------------------- ----------------------------------------------------------------------684, 903 Nixon, C. 0. --------------------------------------------------------------------------------------------- 904 Nugent, Peter Roe --------------------------------------------------------------------------------- .685, 904 Nunn, Sam ............ _------------------------------------------ ---------- _________ ------------------------ 83
Odom, Benton ----------------------------------------------------------------------------------------------------- 79

1490

INDEX

Oliver, E. C. ----------------------------------------------------------------------------- 85

Owen, Winston----------------------------

492

Oxford, Dixon --------------------------------------------------------------------- 80

Parker, J. E.-------------------------------------------------------------------------------------------------- 80

Palmer, Dr. J. W-----------------------------------------------------------------------683, 1445

Parham, James Robert-------------------------+----------------------------- 82

Paty, Dr. Raymond---------------------------------------------------------------------------- 900

Peacock, Norman ---------------------------------------------------------------------------------------------- 84

Pearlman, Morris -------------------------------------------------------------------------------------------------- 83

Person, A. P. ------------------------------------------------------------------------------------------------ 80

Peters, James S. ------------------------------------------------------------------------------------------491, 903

Peterson, Carter ----------------------------------------------------------------------------------------- 904

Peterson, James--------------------------------------------------------------------------------------------------_____ 50

Pitts, L. C. ----------------------------------------------+-------------------------------------------491, 895

Pope, J. D. --------------------------------------------------------------------------------------------------------- 902 Pope, Lonnie A. -------------------------------------------------------------------------~------------------------ 492

Powell, Dr. Harry-------------------------_------------------------------------------------------------ 84, 903

Presnell, Miss Lillian --------------------------------------------------------------------------------

_1137

Price, 0. W. ---------------------------------------------------------------------------------------------------------- _ 683

Primm, Ralph ------------------------------------------------------------+--------------------------------------- 896

Puckett, R. T. ------------------------------------------------------------------------------------- _____________________ 684

Purser, W. 0. ----------------------------------------------------------------------------------------------------- _ 85 Quillian, John --------------------------------------------- -------------------------------------------------------- . 80

Rackley, Otis D. ---------+--------------------------------------------------------------------------------------- .__ 901

Raines, Tom B. -------------------------------------------------------------

S9J

Rainey, Rebecca L. (Mrs.) ---------------------------------- _________ _________ __ _________ _ 83, 902

Ramey, Grady -------------------------------------------------------------------------------------------------- 84

Rayle, Dr. Albert A.---------------------------------------------------------------------------------------_ 683

Redwin, Charles D. ------------------------------------------------------------------------------------------ 80

Reed, Harry D. --------------------------------------------- ---------------------------------------------685, 901

Rhodes, Carl --------------------------------------------------------------------------------------------------------- 899

Richards, Roy ------------------------------------------------------------------------------------------------- 899

Rice, W. Vaughn_____________________________________________________________________________________________

80

Rife, Dr. C. C. ---------------------------------------------------------------------------------------

491

Robinson, J. D., Jr. --------------------------------------------------------------------------------------------- 900

Robinson, Dr. Phil ------------------------+-----------------------------------------------------------

686

Rose, J. I. -----------------------------------------------------------------------------------------------------490, 901

Ross, Dr. T. C. -------------------------------------------------------------------------------------------------- 491

Rowe, Miss Bessie ------------------------------------------------------------------------904, 1444

Russell, Dr. Alex --------+-------------------------------------------------------------------------686, 903

Russell, Mrs. Henry P., Sr.----------------------------------------------------------------------------- 82, 491

Ryals, Mrs. Chester A. --------------------------------------------------------------------------- 905

Sancken, George A. --------------------------------------------------------------------------------------- 81, 491 Sanford, Charles S. -----------------------------------+------------------------------------------------------ 1444

Satterfield, Miss Virginia --------------------------------------------------------------------------------------1445
Sewell, Roy --------------------------------------------------------------------------------------------------------- 896 Sharpe, T. Ross -------------------------------------------------------------------------------------------------------- 901 Sheffield, John E. ----------------------------------------------------------------------------------------------- _. 896 Sibley, Y. Erwin -------------------------------------------------------------------------------------------------- 904 Simmons, H. Grady ----------------------------------------------------------------------------------------- 85
Simmons, W. W. ------------------------------------------------------------------------------------------------------- 685 Skelton, A. S. ----------------------------------------------+------------------------------------------------ __ 899 Smith, A. W. --------------------------------------------------------------------------------- 84 Smith, Geo. L., II ------------------------------------------------------ 905 Smith, Luther P. -------------------------------------- 82

INDEX

1491

Smith, W. K. --------------------------------------------------------------------------------------------------------------- 85 Spalding, Hughes-------------------------------------------------------------------------------------------------- 51 Sparks, George M. ---------------------------------------------------------------------------------------------------- 896 Spratling, Dr. J. H., Jr. ___________________________________________________________________________________________ 685
Spooner, Phil ______ -------------------------------------------------------------------------------------------------- 904 Stafford, DeNean ---------------------------------------------------------------------------------- ______ ___ _____ ____ 8!Hl Stanford, Dr. A. G. __________________ -----------------------------------------------------------------------685, 897 Stanley, J. B. ----------------------------------------------------------------------------------------------------------- 111 Stanton, C. V. --------------------------------------------------------------------------------------------------------- 684 Steele, Tom ------------------------------------------------------------------------------------------------------------- 80 Stephens, Mattie C. ---------------------------------------------------------------------------------------684, 902 Stowe, Ollie Mae --------------------------------------------------------------------------------------------------- 492 Stowe, Frank B. -----------------------------------------------------------------------------------------------------1137 Stribling, W. W. ---------------------------------------------- ------------------------------------------------------ 684 Stubbs, Francis, Sr. ------------------------------------------------------------------------------+---------50, ,903 Stuckey, Dr. H. P. ---------------------------------------------------------------------------------------------------- 902 Sullivan, T. Q. --------------------------------------------------------------------------------------------------- 81 Summers, John E. ----------------------------------------------------------------------------------------------------1444 Sumner, Dr. Preston ---------------------------------------------------------------------------------------------1444 Sutlive, Kirk -------------------------------------------------------------------------------------------------------------- 896 Sweat, Lonnie----------------------------------------------------------------------------------------------------,____ 61
Talmadge, Mrs. Julius Y. -------------------------------------------------------------------------------------- 903 Tarbutton, B. J. -------------------------------------------------------------+----------------------------------------1469 Terrell, Vaughn ---------------------------------------------------------------------------------------- _______________ 896 Tharpe, Dr. R. W. ----------------------------------------------------------------------------------- ______ 682, 683 Thomas, Dr. R. F. --------------------------------------------------------------------------------------------------- 491 1 Thornton, Miss Ella May ------------------------------------------------------------+---------------------- 900 Thrash, Elmore C. ----------------------------------------------- ________________________________________898, 1138
Tift, Richard ----------------------------------------------------------------------------------------------------------- 902 Tucker, Arlie D. __ --------------------------------------------------------------------------------------------------- 111 Tuten, Andrew J. ______ --------------------+-------------------------------------------------- ------------------ 900 Tyson, Frank ________ -------------------------------------------------------------------------------------------------- 80
Vandiver, Ernest, Jr. -------------------------------------------------------------------------------------------- 79 Varn, K. S. ------------------------------------------------------------------------------------------------------------ 895 Vaughn, Reese -------------------------------------------- -------------------------- _______________________ 898, 1138
'Vainwright, Walter --------------------------------------------------- -------------------------------------------- 85 Waldroup, Judge James Woodrow______________________________ ---------------------------------------- 899
Walker, John B. ------------------------------------------------------------------------------------------------------- 81 Walker, R. M. ----------------------------------------------------------------------------------------------------- 74 Wallis, W. P., Jr. ---------------------------------------------------------------------------------------------- 81, 491 Ward, George B. ------------------------------------------------------------+--------------------------------- 85, 905 'Vatson, G. Lee ------------------------------------------------------------------------------------------------------ 901 Watson, J. T. --------------------------------------------------------------------------------------------------------- 683 Wayne, Jeff ____ ____________ _ ________________ ----------------------------------------------------------------------------- 492 Westmoreland, Geo. W. ______ ---------------------------------------------------------------------------------- 900 Whitmore, Geo. P., Jr. ------------------------------------------------------- ___ ---------------------------- 83 Whitley, J. C. ________ ----------------------------------------------------------------------------- _____ 685, 1468 Wier, W. H. _________ ---------------------------------------------------------------------------------------------------- 897 Wilburn, W. E. ----------------------------------------------------------------------------------------------------- 83 Williams, Cary ---------------------------------------------------------------------------------------- _______________ 51 Williams, F. Everett ------------------------------------------------------------------------------------------------ 900 Williams, Dr. J. G. ------------------------------------------------------------------------------------------------1445 Williams, Dr. P. Lee ---------------------------------------------------------------------------------------------- 896 'Villiams, T. V. ---------------------------------------------------------------------------------------------------------- 80 Wilson, George W. ------------------------------------------------------------------------------------------------- 81

1492

INDEX

Wilson, Dr. H. D. _______________________________ -------------------------------------- _ ---~--------- 684

Woodruff, James W., Sr._

_____________________________________________ 686

Wynn, James R., Jr.------------------------- ----------------------------- _____________________ 83, 903

Yarbrough, Dr. C. A. ___________________

________________ _____________ _________________ 897

Yarbrough, Dr. S. H._______ __________ Young, Miss Sarah ____ ______________

, _____________________________________ 897, 1137 _____________________________________ 1445

Appropriations

SR 10-Budget Bureau, transfer funds to meet emergency needs. Extraordinary Session 1949 _____ ________

____ 794, 976

HB 5-General Appropriation Act. Extraordinary Session 1949 __ __ _____ ___ __

__ 827, 828, 834, 835

HB 116-0peration State Government________________ 149, 159, 213, 271, 285, 305, 686, 746, 763

.HB 869-General Appropriations Act, amend. Farmers Market _________________________________________ ... 1290, 1292, 1392, 1457

HB 934-Parks Department ________________________________________ 1213, 1215, 1270, 1320

HB 949-Revenue and Military Department ______ 1214, 1216, 1271, 1435, 1462

HB 1037-Increase State Prison System ____________________ 1290, 1292, 1392, 1460

HB 1080-Georgia State Museum --------~---------------------------1212, 1216, 1269, 1399 HB 1098-Parks Department -------- ______________________________ 1331, 1335, 1408, 1474

Arson HB 315-Punishment for ________ ________ ----------------------------- ______ 540, 544, 607, 764

Assistant Solicitor General HB 215-Fix salaries in certain counties ____________________ _____ 331, 342, 478, 524

Athletic Associations (See University System)

Attorney General (See Law, State Department of)
SR 7-Finance Committee, investigate fraud charges made by Attorney General. Extraordinary Session 1949 __________ . ________________ 776

Attorneys at Law (See Law and Law Practice)

Audits, State Department of SB 100-Retirement system, employees _____________________________319, 369, 448, 691

Automobiles (See Taxes and Tax Laws)

B
Ballots (See Election and Election Laws)
SB 1-Put names of candidates for President and Vice President of United States in official ballots for general election. Extraordinary Session 1949 __________________ 9, 12, 14
Banking, State Department of SB 127-Include employees in Merit System ______________ .452, 911, 1006, 1403 HB 37-Superintendent of Banks ______________ ----------------------------131, 134, 193, 256 HB 65-Superintendent of Banks___________________________________________ 131, 135, 194, 241 HB 82-Assistant Superintendent, examiners and clerks of Department of Banking __________________________________132, 137, 194, 241

INDEX

1493

Banks and Banking (See Amendments to Code)
HB 33-Conversion of National Bank__________________________131, 134, 193, 256, 328 HB 39-Forfeiture of charters of banks __________________________ 131, 134, 193, 240 HB 68-Deposits of deceased intestate, payment. _________________918, 930, 1224 HB 83-Qualifications of directors of banks _________________________ 148, 156, 194, 241 HE 241-Purchase of stocks and investment securities _____ 540, 544, 606, 894
Bankruptcy
SB 204-National Bankruptcy Act. Charters of railroad companies --------------------------------------------------------------- .929, 979, 1005, 1404
Bar Exam
HB 458-Prescribe educational standards______________924, 931, 982, 1244, 1291, 1323, 1326, 1392, 1448

Barbers and Hairdressers SB 188-Qualifications of_________________________ ____________________________________________884, 993

Beer (See Alcohol and Alcoholic Beverages, Taxes and Tax Laws)

Bees
HR HR

5-Formulate agreement with Florida concerning bees -----------32, 37, 44 48-257a-Agreement with Florida .279, 282, 422, 448, 631, 673, 674, 756

Beneficiaries SB 43-Contracts ____

151, 191, 240, 318

Bigamy HB 858-Punishment for ______________

1024, 1032, 1076

Bills and Notes

HB 34-Bills and notes__

___ ______ ______________ _

HB 66-Bills and notes _________________ ---------------------

131, 134, 193, 328 148, 156, 194, 241

Blind

SR 92-Academy for Colored Blind in Macon. Authorize

State Board of Education to sell property__________ 1098, 1133, 1279

HB 114-Establish factory for blind ___ ______ __

166, 169, 266, 327

HB 981-Blind persons, special walking sticks,

required _____________________ ---------------------------- __ .. 1214, 1216, 1342, 1461

HB 1076-Disposition of compensation in case of death ______________ _ _______________ ___ ___

___1249, 1253, 1341, 1439

HR 200-Colored School for Blind. Give Board of Education

authority to sell ______ ____ __ ______

____________ 1123, 1127, 1344

Boarding Homes HB 324-For children _

- 333, 344, 478, 524

Boards of Education, County (See Education, County Boards of) Board of Regents (See Parks)
HB 509-Pensions and retirement allowances ______ -------------- 413, 418, 516, 676

1494

INDEX

Building and Loan Associations SB 61-Relating to building and loan associations_______________________________________ 166

Building Safety Law

SR 4-Moratorium ----------------------------------------------------------------------- ------------- 31, 37

HB 992-Laws --------------------------------------------------------------------------------------------1167, 1192

HB 1095-Georgia Building Safety Code _______

_____________________________ 1095, 1197

Bray, J. N., Co. HR 150-878d--J. N. Bray Co., reimburse __ -----------------------------1291, 1293, 1408
Bribery HB 45-Changing punishment for bribery _______________________ 121, 124, 194, 241

Buice, W. R.

HR 51-Compensation ------------------------------------------------------------------------------249, 257

Bush, W. J. HB 873-Appropriate funds ____________ _

______1170, 1181, 1453, 1470, 1472

c

Cagle, Howard HR 62-418a-Compensate _____________________________________________________581, 595, 640, 729
Cerebral Palsied Children HB 9-Establish and organize. Survey of cerebral palsied children ------------------------------------------------------------166, 168, 212, 240
Certified Weighers HB 160-Provide for -----------------------------------------------------------------228, 230, 323, 620
Channell, Edwin (See Municipal Corporations, City of Marietta) HB 426--Transfer deed to land, City of Marietta ________________579, 588, 643, 701
Charters HB 348-Application for, publication _____ 331, 334, 346, 387, 478, 883, 964
Charters and Corporations (See Municipal Corporations) Chattahoochee National Forest Area
HR 60-360a-Lease laws __________ ------------------------------------------------- ___________291, 304 Chief Justice Emeritus
HB 301-Create position ----------------------------------------------------317, 320, 478, 619, 693 Children (See Adoption)
HB 127-Indecent conduct with, molestation _________________ 1213, 1215, 1262, 1466
Cigars and Cigarettes (See Taxes and Tax Laws)
Clerks of Court HB 840-Provide fees ____ ------------------------------------------ _________ 969, 973, 1013, 1039

INDEX

1495

Cluney, Rev. J. F.

SR 84--Reimburse -------------------------------------------------------------------------989, 1075, 1324

Code Commission HB 346--Provide for --------------------------------------------- _________334, 345, 423, 445, 449

Coffee, Archie T. HB 277-Compensate ----------------------------------------------------------------------- ..332, 342, 428

Commercial Fishing Boats (See License, and License Fees)

Commerce, Department of
HB 856--Create within Executive Department --------------------------969, 973, 1077, 1159, 1161, 1389, 1449

Commissioners of Roads and Revenues (See Counties and County Matters)

Committees, Special

Tellers, canvass election returns -------------------------------------------------------------- 33, 34 HR 5--To formulate agreement with Florida concerning bees __ 32, 37, 44
Study reorganization State Highway Department_____________________________________ ___ 695

Veterans Administration Hospital ------------------------------------------------------------

304

Committees, Standing

Appointments for Senator Staten ----------------------------------------------------------------------940

Communications

From Secretary of State, names of General Assembly members resigned or died since last session. Extraordinary

Session Sept. 1948 ------------------------------------------------------------------------

3

Secretary of State. List of Senators to fill vacancies.

Extraordinary Session Nov. 1948____________________________________________26, 27, 28

Secretary of State, election returns -------------------------------------------------------~------------- 33 Jan. 10, 1949, Secretary of State, list of members___________________________________________ 46

Governor ---------------------------------------------------------------------------------------------------

----- 677

From Ben Fortson, certification of election _________ ----------------

------ 768, 847

From Governor concerning appropriation for reregistration ______

830

Condemnation

SB 87-Land, method ________ ----------------------------------------------------277, 421, 494, 762

HB 338-Assessors cost ______ ----------------------------------------

334, 345, 479, 521

Confirmations (See Appointments Confirmed)

Conservation

SR 108-Soil, on District Supervisors, welcome ________________ . _________________ 1469

HB 243-State Soil Conservation, amend act _

228, 230, 301. 394

HB 1040-District law __________________________________________________ 1122, 1126, 1373, 1442

Coroner (See Counties and County Matters)
HB 347-Provide compensation in certain counties__________________ ...334, 345, 479 HB 489-Fix salaries in certain counties _________455, 465, 608, 670, 1179, 1226 HB 943-Compensation in certain counties _________________ 1173, 1185, 1270, 1312

Corporations SB 140-Non-Resident Corporations, repeal Code Sec. 22-1104 851, 888, 953

1496

INDEX

SB 193-Electric Membership Corporation -----------------------908, 1103, 1202, 1404 HB 195----Corporation Charters ______ ----------------------- ______ 331, 342, 385, 444, 450
HB 360--Corporation Laws _____ ---------------------------------------------579, 588, 642, 1319 HB 1033-Revise Tax ____ --------------------------------------- ___________ 1214, 1216, 1342, 1440

Corrections, State Board of
SB 91-Change compensation of members_________________________ 278, 299, 375, 691 SB 92-Funds for handling supplies__________ ________ _ ____ 278, 299, 376, 691

Counties and County Matters (See Municipal Corporations)

HB 369-Appling County, create Board of Commissioner____ 335, 346, 443, 482 HB 99-Bacon County, Superior Court _____________________________ 148, 156, 284, 302

HB 970--Bacon, prescribe qualification of Board of

Commissioners ----------------------------------------------------------------1160, 1266, 1301 HB 57-Baker County, increase bond of Sheriff____________________147, 155, 213, 235

HR 83-Baldwin County, divide into school

districts -----------------------------------------------------1165, 1189, 1344, 1381, 1415 HB 308-Baldwin County, abolish office of County Treasurer___________ 317, 320
HB 309-Baldwin County, change compensation of certain officials ___ 333, 344

HB 310--Baldwin County, abolish office of Tax Collector and

Tax Receiver ----------------------------------------------------------------------------------333, 344 HB 528-Baldwin County, increase fees of coroner _______________457, 467, 609, 652 HB 300-Barrow County, create City Court_________________________453, 462, 513, 567

HB 344--Barrow County, create Board of Commissioners____ 333, 345, 522, 447 HB 393-Berrien County, provide terms of Superior Court 335, 347, 423, 446
SB 170-Bibb County, change name of Municipal Court of Macon to Civil Court of Bibb__ ________________871, 890, 941, 1179

SB 171-Bibb County, provide salary of Judge of Civil Court __ 871, 890, 941 HB 411-Bibb County, establish Board of Commissioners ____338, 348, 424, 447 HB 414--Bibb County, provide home rule ------------------------------ _________579, 588 HB 652-Bibb County, provide pensions for employees_______ 541, 546, 612, 661

HB 905----Bibb County, define duties of Board of Commissioners ____________________________________________ 1022, 1028, 1078, 1110

HB 1028-Bibb County, validation of acts ____ ________ 1162, 1186, 1269, 1358

HB 1029-Bibb County, provide pension and retire-

ment plan ___

___________

1162, 1186, 1269, 1359

SB 118-Bleckley County, raise salaries of officials_ ____________ 416, 477, 762

HB 59-Brantley County, provide for Superior Court ___ 113, 115, 140, 162

HB 314-Brooks County, authorize disability payments

to law enforcement officers______

__ 318, 320, 371, 391

HB 94--Bulloch County, provide for Tax Receiver_____________132, 136, 194, 218

HB 95-Bulloch County, provide for Board of Commissioners _______ ________________________________________________ 133, 136, 194, 218

HB 58-Butts County, provide for Board of

Commissioners -------------------------- --------------------------------- 104, 107, 194, 218 HB 234--Candler County, create Board of Commissioners _228, 230, 284, 302 HB 854-Candler County, Board of Commissioners,

amendments ---------------------------------------------------------------925, 938, 983, 1001

HB 141-Carroll County, provide for Tax Commissioner ___ 150, 158, 195, 220

SB 45-Catoosa County, provide for Tax Commissioner___ 152, 192, 215, 289

HB 457-Catoosa County, provide salary and expense

of Commissioners ----------------------------------------------

-- 380, 382, 444

SB 162-Charlton County, provide for collection of fines

and forfeitures ___________________ ------------------------------- ___ _ 870, 940, 965, 1179

INDEX

1497

HB 52-Charlton County, provide for terms of
Superior Court -----------------------------------------------------------113, 115, 140, 161 SR 53--Chatham County, issue bonds for schools_________853, 979, 1049, 1405 SR 55-Chatham County, additional taxes for
education --------------------------------------------------------------------853, 979, 1054, 1405 SR 57-Chatham County, create industrial areas__________853, 979, 1051, 1405 SB 46-Chatham County, per diem pay for
Commissioners --------------------------------------------------------------152, 191, 215, 289 SB 47-Chatham County, create Pension Board _______________ 152, 191, 216, 290 SB 57-Chatham County, provide salary of elective
officers -------------------------------------- __________________________________154, 192, 216, 290
SB 73-Chatham County, recorder's court -------------------------- 25, 183, 267, 462 SB 143-Chatham County, Commissioner of eminent
domain --------------------------------------------------------------------------851, 888, 912, 1178 SB 212-Chatham County, qualification of voters __________970, 1014, 1038, 1178 HB 145-Chatham County, Commissioners ____________________________150, 158, 251, 269

HR 39-208a-Chatham County, establish Civil

Service Boards _________________ ------------------------------------------581, 593, 646, 735

HB 1052-Chatham County, create Pension Board__1166, 1191, 1263, 1274, 1299

HB 24-Chattooga County, provide for Tax Collector________103, 106, 173, 198

HB 782-Chattooga County, establish City Court________________926, 936, 981, 998

HB 982-Chattooga County, establish City Court _______ 1168, 1193, 1267, 1303

HB 247-Cherokee County, provide salaries of

Commissioners' clerks ------------------------------------------------288, 292, 370, 389 HB 248-Cherokee County, provide for Commissioner__________228, 230, 284, 303

HB 212-Clark County, provide terms for Superior Court __ 288, 292, 370, 388

HB 22-Clayton County, provide for Tax Receiver

and Tax Collector ------------------------------------------------- ______147, 155, 193, 217

HB 41-Clayton County, include Riverdale in limits _______131, 135, 193, 217

HB 137-Clayton County, provide for Commissioner____150, 158, 214, 238, 262

HB 138-Clayton County, plan for Planning Commission;

Board of Zoning ---------------------------------------------------------150, -158, 195, 220 HB 441-Clayton County, provide compensation for

Sheriff and Clerk of Court --------------------------------------- 380, 441, 444, 484

HB 752-Clayton County, create office of Tax

Commissioner ________________ ----------------------------------- ______ 927, 933, 980, 997

HB 753--Clayton County, change to salary system______________927, 934, 980, 997

HB 755-Clayton County, change to salary system Clerk

of Superior Court and Sheriff

______ 927, 934, 980, 996

HB 36-Clinch County, p!'ovide for Commissione>_____ ____ 103, 106, 193, 217
HR. 188-Clinch County, authorize Governor to sell
5 acres of land ------------------------------------------------------1123, 1127, 1223, 1461 HB 937-Clinch County, amend charter ______ ________________1026, 1029, 1200, 1226
HB 282-Cobb County, create office d County Tax
Commissioner --------------------------------------------------------------289, 293, 370, 391 HB 283-Cobb County, salary of Clerk, Sheriff and
Ordinary increases __________________ --------------------------------- 246, 249, 284, 303 HB 284-Cobb County, provide for Commissioner ________________246, 249, 284, 303 HB 511-Cobb County, increase in salary of Treasurer______456, 466, 516, 558 HB 598-Cobb County, Planning Commission,

amendments --------------------------------------------------------460, 471, 518, 569, 693 HB 292-Coffee County, provide for elections, etc. ________________332, 343, 442, 480 HB 746-Colquitt County, create charter ________________________________928, 933, 982, 995
HB 548-Columbia County, provide compensation
of Commissioners --------------------------------------------------------458, 469, 517, 560

1498

INDEX

HB 47-Coweta County, provide for Tax Receiver

and Tax Collector-----------------------------------------

103, 107, 173, 199

HB 63-Coweta County, provide pensions to employees

of Commission ---------------------- -------------------------------- _ 104, 107, 173, 199 HB 786-Coweta County, provide pensions to county
employees ------------------------------------ ______________________ . 926, 936, 981, 999
HB 697-Crawford County, change method of compensation of Tax Receiver ______________ ___________ ___________________________ 581, 590, 646, 703

HB 921-Crawford County, fix compensation of

Treasurer ------------------------------------------------------- ____ 1025, 1034, 1079, 1111 SB 134-Dade County, increase salary of Tax
Commissioner ________________________ ------------------------ . ________ 543, 640, 705, 1177

HR 186-Dawson County, provide for election of members of Board of Education ______________________1163, 1186, 1344, 1425

HB 648-Dawson County, create Beard of Commissioners_-499, 504, 612, 661 HB 653-Dawson County, fix compensation of Tax

Commissioner ----------------------------------------------------------------542, 546, 612, 653 HB 654-Dawson County, create County Board of

Education -----------------------------------------------------------542, 546, 612, 662 HB 675--Dawson County, terms of contract__________________________580, 591, 645, 700

HB 929-Dawson County, amend charter _______________________________ 1026, 1034, 1263, 1316, 1383, 1384, 1391

HB 955--Dawson County, abolish office of County Treasurer ______________________1175, 1194, 1318, 1382, 1384, 1391

HB 1032-Dawson County, provide terms of Superior Court ___________________1173, 1197, 1274, 1318, 1383, 1384, 1391

SB 29-Decatur County, provide for Board of

Commissioners -------------------------------------------------------------114, 190, 215, 462 SB 30-Decatur County, provide for Tax

Commissioner -----------------------------------------------------------114, 172, 196, 462 SR 66-DeKalb County, Governor to dispose of

certain land -----------------------------------------------------------873, 891, 1065, 1404 HR 148-DeKalb County, provide for school tax _________1164, 1188, 1265, 1362

HB 285--DeKalb County, employees retirement ----------------246, 249, 284, 303 HB 290-DeKalb County, provide for Board of

Commissioners ------------------------ ------------------------------------246, 285, 290, 303 HR 52-291c-DeKalb County, create Civil Service

Commission ---------------------------------------------------------------582, 593, 646, 740 HR 75-494b-DeKalb County, provide for maintenance

of streets ------------------------------------------------------------------------582, 594, 640, 738
HB 498-DeKalb County -------------------------------------------------------__455, 465, 515, 557 HB 499-DeKalb County, provide method of electing

members of Board of Education -----------------------------455, 466, 515, 557 HB 1092-DeKalb County, create water works

advisory board ------------------------------------------------------1176, 1195, 1269, 1313 HB 1094-DeKalb County, provide Board of Commissioners
with budget and statements to grand jury___1176, 1195, 1342, 1413

HB 131-Dodge County, provide for Board of

Commissioners ------------------ ------------------------------------------133, 136, 214, 237 HB 132-Dodge County, prohibition officer ___________________133, 136, 214, 238

HB 133-Dodge County, provide for Board of

Commissioners -----------------------------------------149, 158, 195, 219 HB 238-Dodge County, abolish office of Treasurer_________317, 319, 370, 389

HB 559-Dooly County, abolish office of Tax Com-

missioner and Tax Receiver ------------------------------------_459, 470, 518, 561

INDEX

1499

HB 560-Dooly County, abolish office of County Treasurer 459, 470, 510, 561

HR 124-Dougherty County, merger of school

system --------------------------------------------------------1165, 1189, 1265, 1350, 1449 HB 352-Dougherty County, compensation for
Commissioners ---------------------------------------------------------- __ 318, 321, 442, 481 HB 717-Dougherty County, provide four terms a year

for Supreme Court ----------------------------------------------------- ----------------928, 935 SB 236-Douglas County, repeal act creating nine members

of Board of Commissioners -------------------------------1098, 1133, 1200, 1332 SB 237-Douglas County, create office of Board of

Commissioners ----------------------------------------- 1099, 1133, 1200, 1334, 1396 HB 1004-Echols County, commissioners districts 1174, 1198, 1273, 1317, 1383

HB 394-Effingham County, provide fees for Coroner_________ 336, 347, 379, 520

HB 181-Elbert County, provide for Board of

Commissioners ------------------------------------------------------------151, 159, 196, 220 HB 368-Floyd County, create office of County Tax

Commissioner -------------------------------------------------------1170, 1181, 1262, 1299 HB 631-Floyd County, City Court, amendments _______498, 502, 555, 616, 658

HB 690-Floyd County, provide for compensation of Treasurer ______________ ____ _________ __ _________________________ _ 583, 589, 646, 702

HB 924-Floyd County, amend charter ___________________________ 1025, 1034, 1079, 1111

HR 178-Forsyth County, refunding bonds ____________________1163, 1187, 1264, 1355

HB 16-Franklin County, abolish office of Tax Receiver '

and Tax Collector ___________ ----------------------------------------------------105, 173, 199 HB 17-Franklin County, provide for Treasurer__________________102, 106, 127, 142

HR 77-Fulton County, contribute to support of

State owned institutions -----------------------------------1165, 1189, 1263, 1375 HR 131-Fulton County, homestead exemption shall

not apply to school taxes ----------------------------------1165, 1189, 1265, 1370 HR 132-Fulton County, school district debt ________ 1164, 1188, 1265, 1368, 1449

HB 176-Fulton County, increase salary

of judges ------------------------------331, 341, 605, 668, 694, 728; 1247, 1292 HB 336-Fulton County, provide pension for

employees ------------------------- --------------------------------------------289, 293, 371, 391 HB 340-Fulton County, expend money for recrea-

tional purposes ---------------------------------------------------------- 318, 321, 371, 392 HB 341-Fulton County, employees pension law _________________ 363, 365, 479, 521

HB 405-Fulton County, Planning Commission, amendments _____ ___ ______________ ____________________ ________

336, 348, 443, 483

HB 427-Fulton County, Criminal Court, salaries of Judges and Solicitor General __________________________ 380, 381, 643, 725, 763

HB 429-Fulton County, provide salary for Judge

of Superior Court _________ -------------------------------------------380, 381, 888, 914 HB 514-Fulton County, provide for Parks and Recreation,

terms of office --------------------------------------------------------------456, 466, 516, 558 HB 532-Fulton County, appointment of assistant

Solicitor General ---------------------------.457, 468, 609, 670, 694, 729, 987 HB 602-Fulton County, Improvement Assessment Law_____-479, 504, 610, 654 HB 603---Fulton County, Civil Service changes __________________497, 502, 610, 654

HR 87-619a-Fulton County, provide for Commissioners,

refund bondsmen -----------------------------------------------497, 504, 607, 663 HR 88-619b--Fulton County, provide for Commissioners,

refund bondsmen --------------------,-------------------------.497, 505, 663 HB 814-Fulton County, amend employees pension code____925, 937, 983, 1000

1500

INDEX

HB 954-Fulton County and Atlanta, appraisal of

taxable property -------------------------------------------------1173, 1185, 1271, 1301 HB 1002-Fulton County, local Government Commis-

sion, amendments ------------------------------------------------1170, 1182, 1273, 1312 HB 649-Glascock County, provide salary of members

of Board of Commissioners ----------------------------------------541, 545, 612, 661 HB 684-Glynn County, School Tax ________________ ________________ _____580, 591, 645, 703

HB 1115-Glynn County, Board of Commissioners,

amendments ----------------------------------------------------------1290, 1293, 1343, 1414 HB 838-Grady County, change terms of Superior Court.925, 937, 983, 1000

HB 43--Gwinnett County, create Board of County

Commissioners -------------------------------------------------------- ___ 103, 107, 161, 174 HB 580-Habersham County, provide for amendments

in City Court ----------------------------------------------- -------------- 541, 545, 609, 653 HB 122-Hall County, City Court _____________ ---------------- ________ 149, 157, 195, 219

HB 123-Hall County, Gainesville, contracts for care

of indigent sick------------------------------------------------------- _________ 578, 641, 741 HB 197-Hall County, authorize additional election

precincts ------------------------------- ------------------------ _____________ 166, 169, 300, 324 HB 1038--Hall County, authorize additional election
precincts ---------------------------------------- _________________ 1170, 1182, 1273, 1300

HB 1102-Hall County, provide for Board of Commissioners ------------------------ _______________ .. _________ 1212, 1217, 1274, 1304

HR 183a-Hancock County, provide for election of

members of Board of Education ----------------------1163, 1187, 1265, 1347 HB 503--Haralson County, Commissioners, amend charter 456, 466, 515, 558

HB 1057-Haralson County, increase compensation of Treasurer------------------------------- _____________________ 1174, 1198, 1272, 1310

HB 1077-Haralson County, reduce expense accounts allowed County Commissioners _________________________________________ ... 1175, 1195

HB 281-Hart County, compensation of Tax Commissioner ____________________________ ------------------------------ 289, 293, 370, 390

HB 740-Hart County, create Board of Finances 1023, 1033, 1262, 1315, 1319

HB 111-Henry County, create Board of Commissioners____ 149, 157, 251, 268

HB 216--Houston County, Superior Court ________ _____ ____________ 245, 249, 370, 388

HB 790-Houston County, Warner Robins ______________________________926, 936, 981, 999

SB 210--Jefferson County, incorporate Kelly's Lake__________________________________ 958

SR 61--Jenkins County, lease land ______________________________ 873, 890, 914, 1008

HB 20--Jenkins County, Ordinary's compensation ____________ 102, 106, 140, 161

HB 641--Jenkins County, provide fees for Coroner___________498, 503, 612, 660

HB 914--Jenkins County, create office of Tax

Commissioner --------------------------------------------------------1025, 1030, 1224, 1275 SB 74-Laurens County, Treasurer's salary ________________________207, 250, 268, 462

SB 75-Laurens County, County Commissioners salary_____ 207, 251, 268, 462

HB 863-Liberty County, provide funds for a Soil Conservation Experiment Station _________________________1024, 1031, 1076, 1108

HB 546--Lincoln County, create Board of

Commissioners ---------------------------------------------------.458, 469, 517, 567, 692 HB 547-Lincoln County, provide fees for Ordinary_____________ _458, 469, 517, 560

HB 859-Long County, increase salary of Ordinary________

___1024, 1032

HB 916-Lowndes County, utilize forest products________1025, 1031, 1079, 1110

HB 437-Lowndes County, create retirement system____________380, 382, 444, 484

HB 956-Lumpkin County, Tax Commissioners

compensation -----------------------------------------------------1175, 1195, 1271, 1307

INDEX

1501

HB 584-Lumpkin County, provide eligibility of members of County Board of Education___________________________________A97, 501, 609, 653
SB 115-Madison County, elections_________________________ ________ _______ _ 365, 478, 762

HR 129-Meriwether County, divide into school

districts _________ ------------------------------------------------ ______ 1165, 1189, 1265, 1363

HB 169-Meriwether County, planning district for Meri-

wether, Harris and Talbot Counties ______________________ 182, 184, 284, 302

HB 538-Meriwether County, compensation for Chairman

of Board of Commissioners ____ __

___________________ 457, 468, 609, 652

HB 539-Meriwether County, increase salary of Treasurer 457, 468, 609, 652

HB 650--Miller County, create Board of Commissioners __ 541, 546, 612, 661
HB 1006-Miller County, change method of compensating Solicitor of City Court____________________________1168, 1193, 1268, 1310
HB 736-Mitchell County, County Board of
Commissioners ------------------------------------------------------------ 928, 935, 982, 995 SB 135-Monroe County, fix salary of Commissioners_______543, 640, 705, 1178

HB 480--Monroe County, change salary Tax

Commissioner -------------------------------------------------------------_454, 464, 515, 566 HB 621-Murray County, increase salary of

Tax Commissioner -----------------------------------------------------.461, 473, 519, 556 HB 622-Murray County, increase salary of Commissioner_ 461, 471, 519, 556

HB 1031-Murray County, increase salary of Clerk of

Board of Commissioners ------------------------------------1167, 1192, 1275, 1310 SB 14--Muscogee County, Board of Commissioners_______ 73, 117, 128, 279

SB 190--Muscogee County, change of term of office
of Board of Commissioners ------------------------------------- 885, 940, 965, 1178 HR 134--Muscogee County, issue street improve-

ment bonds ------------------------------------------------------------1164, 1188, 1344, 1427 HR 137-Muscogee County, assessments for street

improvements ------------------------------------------------------1164, 1188, 1264, 1366 HB 609-Muscogee County, provide County Fire
Department -------------------------------- _______________________ 460, 472, 519, 555
HB 632-Muscogee County, condemnation of
land for park ----------------------------- ------------------------------ 498, 503, 611, 658 HB 809-Muscogee County, salaries of

certain officers -----------------------------------------1177, 1197, 1262, 1316, 1450 HB 899-Muscogee County, fix salary, etc., for court

reporters, Superior Court ---------------------------------1022, 1027, 1078, 1109 HB 1009-Muscogee County, amend charter -------------------------------1173, 1197, 1307 HB 818-Newton County, increase salary of Treasurer___ 925, 937, 983, 1000

HB 125-Pulaski County, provide for Board of Commissioners ------------------ ------------------------- _______________ 149, 157, 214, 237
HB 377-Paulding County, create office of Tax
Commissioner ------------------------ -------------------------------------- 335, 346, 422, 445 HR 135-814e-Pickens County, reimburse _______________ 1291, 1293, 1344, 1456

HB 988-Pickens County, fees of Tax Commissioner____ 1168, 1193, 1267, 1313

HB 54--Pierce County, Superior Court -------------------------------- 113, 115, 140, 161 HB 1010--Polk County, City Court, amendments __________________ 1171, 1183, 1313

HB 979-Putnam County, provide for election of Commissioners, County Attorney __________________________ 1172, 1185, 1272, 1306
HB 162-Quitman County, Treasurer ----------------------------------------. _____________ 150, 159 HB 1084--Quitman County, pension for clerk____________ . _________________________ 1165, 1190

HB 1107-Quitman County, extend jurisdiction of Court of Ordinary ---------------------------- _______________ 1290, 1293, 1343, 1413

1502

INDEX

HR 198-1042-Rabun County, Towns and Lumpkin, authorize Governor to trade certain land ____ ___________________________1291, 1294, 1344

HB 130-Randolph County, Board of Commissioners ___________ 149, 157, 214, 237 HB 178-Richmond County, Board of Commissioners ________ 150, 159, 251, 269 HB 345-Richmond County, provide pension system___________ 333, 345, 479, 520

HB 456--Richmond County, public school system ___ -436, 438, 480, 527, 693 HB 601-Richmond County, City Court _____________ ____ ___ _____________________ 460, 471

HB 1046-Richmond County, arrange registration lists by names _____________________________________________ .1167, 1191, 1274, 1303

HB 1079-Richmond County, provide for continued existence of public school system ______ 1171, 1183, 1341, 1417, 1463

HR 57-341c-Rockdale County, divide into school districts ---------------------------- __________ ________________________ 582, 594, 640, 733

HR 187-1023b-Schley County, election of members of Board of Education_________________________ _________ 1163, 1186, 1264, 1348

HB 254-Screven County, County Commissioners ______________ 228, 230, 370, 390 HB 194-Seminole County, fishing in Spring Creek ____________ 316, 319, 442, 569

HB 658-Seminole County, create office of Tax Commissioner----------------------------------- __ ______
HB 892-Spalding County, consolidation of Tax

542, 546, 613, 662

Receiver and Tax Collector --------------------------------1022, 1029, 1200, 1226 HB 467-Stephens County, City Court, Solicitor's salary____________454, 514, 565

HB 468-Stephens County, compensation, Tax

Commissioner ---------------------------------------------------------------454, 464, 515, 565 HB 759-Stephens County, terms of Superior Court.. _________ 927, 934, 980, 997
HB 319-Sumter County, provide pension fund _____________________333, 344, 442, 481

HR 166-Tattnall County, State Board of Corrections
to pay clerk of Superior Court for costs due in habeas corpus proceedings ____________________________1121, 1127, 1223, 1401 HB 577-Tattnall County, police force _______________________________________________.496, 501

HB 578-Tattnall County, salaries of members of Board of Commissioners -------------------------------- __________.497, 501, 644, 701
HR 171-Taylor County, Board of Education, school district ________________ ---------------------------------------------------1164, 1187, 1264, 1345
HB 590-Taylor County, increase salary of Tax

Commissioner ---------------------------------------------------------------.459, 471, 590, 653 HB 306-Telfair County, appointment of Probation

Officer -------------------------------------------------------------------------- 317, 320, 371, 391 HB 504-Telfair County, salary of Commissioners, clerk __456, 466, 609, 650
SR 32-Thomas County, pay funeral expenses Levida Green ___ _________ _________ __________ _ ___ __ ________ _ 278, 298, 327, 630

HB 477-Tift County, consolidate schools __________________________________ 579, 590, 643

HB 102-Toombs County, Commissioner Roads and

Revenues ----------------------------------------------------------------- __ 133, 136, 195, 219 HB 654-Twiggs County, provide fees for coroner______________ 498, 504, 612, 660

HB 646-Twiggs County, provide fee for Sheriff_____ ____499, 504, 612, 660

HB 647-Twiggs County, Commissioners terms __________________ 499, 504, 612, 660

HB 871-Twiggs County, Board of Commissioners,
amendments --------------------------------------------- __________ 1024, 1031, 1077, 1108 HB 256--Union County, Tax Receiver and Collector____________ 229, 231, 251, 270

HB 1053-Upson County, increase compensation of Chairman of Board of Commissioners ______________________________________ 1166, 1191, 1313

HB 768-Walker County, land for Sportsmen Club_1213, 1215, 1341, 1462

HB 236--Ware County, Coroner------------------------------------- ... 228, 230, 370, 389 HB 49-Warren County, Clerk Superior Court____ . ________ 103, 107, 127, 143

INDEX

1503

HB 50--Warren County, Tax Receiver --------------------------------103, 107, 127, 143 HB 51-Warren County, Board of Commissioners____________:l04, 107, 128, 143 SB 59-Warren County, Ordinary's salary __________________________154, 192, 216, 290 HB 211-Webster County, County Treasurer ________________________ 206, 208, 513, 569 HB 391-White County, Tax Commissioner __________________________335, 347, 423, 440
HB 1111-Whitfield County, terms Superior Court _________ l250, 1251, 1343, 1414 HB 472-Wilcox County, Commissioners, election ________________454, 464, 608, 649 HB 473-Wilcox County, create office Tax Commissioner __________ 454, 464, 566
HB 552-Wilcox County, increase salary of Board of
Commissioners ------------------------------------------------------------------458, 469, 561 HB 861-Wilcox County, abolish office of County
Treasurer _--------------------- __________________________________ 988, 990, 1013, 1039
HB 378-Wilkinson County, election of Commissioners ________318, 321, 371, 392 HB 680--Wilkinson County, increase Sheriff's salary_________________ 580, 591, 704

County Officers
HB 87-0fficers, bond ----------------------------------------------132, 136, 299, 376, 494, 692 HB 288-Salaries, in certain counties________________________________________332, 343, 513, 563 HB 519-Salaries of officials in certain counties,
fee system abolish -----------------------------------------------------_456, 467, 609, 651 HB 607-Salaries of county officers, in certain counties______ --460, 472, 519, 555

Courts
HB 1085-Code amended. Jurisdiction over persons in land ceded to Federal Government. Courts Superior _______ 1290, 1292

Courts, City, County, Municipal (See Municipal Corporations, Counties and County

Matters)

~l

SB 159-City Courts, judge to appoint official court reporter ----------------------------------- ______________________854, 889, 953, 1333, 1408

Courts, Superior (See Counties and County Matters)

SB 64-Expenses of judge _______ _ ____ __

______________ 167, 298, 371, 691

SB 117-Superior and City Courts, amend _________________ 365, 421, 484, 631, 673

SB 157-Provide for distribution of excess funds in the

fine and forfeit fund in certain counties______________

854, 874, 891

SB 166-Superior Court, create office Judge Emeritus __ 870, 889, 943, 1332

SB 167-Create office Judge Emeritus ________________________________ 870, 889, 1280

SB 215-Judge emeritus -------------------------- ---------------------------------------------------------- 971 HB 11-Judge --------------------- ___________________________________________________131, 134, 299, 376

HB 30-Superior Court or Court of Ordinary, filing of a petition es-

tablishing time and place of birth of any person .121, 123, 193, 240

HB 91-Clerk of Superior Court, salary ____________________________ 132, 135, 213, 235

HB 192-Superior Court in certain counties, clerk shall

attend trial in Court of Ordinary of cases for

violation traffic laws ----------------------------------- ______________ 245, 249, 478, 524

HB 214-0fficials salaries, in certain counties ____________ 331, 342, 513, 569, 1449

HB 362-All officials, abolish fee system __499, 501, 504, 608, 699, 1079, 1450

HB 491-Bailiff's and secretaries compensation in

certain counties -------------------------------------------------- 455, 465, 608, 667, 694 HB 610-Reporters, compensation in certain counties __________460, 472, 610, 654 HB 810--Clerks to keep execution docket ____________________ 1023, 1033, 1077, 1106 HB 824-Create office Judge Emeritus _________________________________ 1045, 1048, 1225
HB 841-Unpaid costs in felony cases ---------------------------1120, 1124, 1225, 1327
HB 902-Filing docket, elimination _______ --------------------------------1121, 1125, 1224

1504

INDEX

HB 1088-Expenses, psychiatric examination in certain counties -----------------------------------------------~---1290, 1293, 1341, 1412
Courts, Supreme and Appeals SB 63-Retirement of, Supreme Court of Justice________________________________________ 167 SB 218-Authorize Justices to employ law assistants ___989, 1037, 1113, 1404 SB 222--Judge to appoint law assistant, Court of Appeals -----------------------------------------------------------1027, 1075, 1118, 1404 SR 34-Supreme Court, amendments ---------~-----------------------------------339, 421, 573 HB 478-Fix compensation of reporter and assistant reporter ------------------------------------------------------------------1213, 1215, 1262, 1399 HB 842-Costs ----------------------------------------------------------------------------------1023, 1032, 1225 HR 35-190b-Fix salaries ________________________________970, 973, 1014, 1040, 1060, 1099
Court Reporters (See Judicial Circuits)
HB 245-Provide compensation ----------------------------------------279, 281, 301, 392, 437 HB 599-Court Reporters, City, in certain counties____497, 502, 554, 616, 654 HB 687-Compensation in certain counties __________________________583, 589, 645, 702 HB 817-Compensation in criminal cases -------------------------------------------1290, 1292
Criminal Trials
SB 158-Repeal law --------------------------------------~--------------------------------------------854, 1074
Curtis, Dr. Fred
HB 100-Compensate -------------------------------------------------------------918, 930, 1224, 1475

D
Deeds
SB 139-Require seal ---------------------------------------------------------------------851, 888, 953 HB 812-Execution of -------------------------------------------------------------------957, 960, 1013
Deer
SB 11-Penalty for killing--------------------------------------------------------- 72 HB 56-Illegal killing, penalties --------------------------------------------539, 543, 605, 882 HB 318-Prohibit use of fire hunting_ ----------------------------------------------541, 545, 607
Dental Hygienists HB 268-Qualifications of ------------------------ ______________________________578, 587, 641, 760
Dentists, Dentistry SB 10-Practice regulated -------------------------------------- 72, 179, 190, 221, 691, 728 HB 104-Create Board of Dental Examiners______ 379, 380, 416, 605, 616, 760
Dependent Children HB 844-Aid to -------------------------------------------------------------------957, 960, 1104, 1443
Depository Board, State of SB 3-Create ____ ------------------------ ---------------------------------------- 71, 79, 109, 117, 206
Divorce SB 219-lnsanity --------------------------------------------------------------------------------------- 989, 1132 SB 224-Title to real property not affected_____________________________________1046, 1132 SB 239-Change time of residence from 12 to 6 months___________________1123, 1200

INDEX

1505

HB 518-Judge refer to Juvenile Courts in certain counties ------------------------------------------------------------------------_456, 467; 516, 558
HB 770--Grounds for granting ---------------------------------------------------1213, 1215, 1262 HB 874-Date of final judgment___________________________________________________ 1045, 1048, 1104
HB 1105-Period of petitioner's residence in State ----------------------------------------------------1249, 1251, 1328, 1343, 1464
HB 1109-Transfer of real property by husband after suit filed ----------------------------------------------------------- 1250, 1251, 1343, 1465

E
Easements SB 209-Water power owners may lease or condemn_________________________ 958, 1014
Economic Poisons Act
HB 608-Regulate ------------------------ ________________ 1120, 1123, 1224, 1437, 1463
Education, County Boards of (See Counties and County Matters)
SR 18-Incur debt -------------------------- -----------------------------------------134, 232, 311, 763 HB 103-Amend code---------------------------------------- ------------------227, 229, 323, 434 HB 848-Compensation of chairman and members in
certain counties ------------------------------------ ___________________ 964, 973, 1013, 1039
Education, State Board of (See Schools and School Laws) SB 69-Require schools to give courses on____________________________________ 168, 421, 485 SB 184-Extend provisions of merit system to employees ------------------------------------------------------------------884, 978, 1279, 1447 HR 9-59c-Legislature approval to a certain compact entered into by State of Georgia and other States relative to regional educational services__________________121, 124, 174, 204
Eggs (See Agriculture and Agricultural Products)
Elections and Election Laws (See Counties and County Matters) (Primary Laws) SB 114-To provide for calling special elections in any municipality -----------------------------------------------------------------365, 552, 880 HB 106-Ballots ----------------------------------------------------------------260, 280, 385, 487, 692 HB 396-Hours, in certain counties _____________________________ 336, 347, 553, 621, 649 HB 447-Primary elections, State officers, regulate _______ 413, 418, 553, 621 HB 605-Hours for holding, in certain counties_____________________460, 472, 610, 654 HB 976-Members to specify incumbent ________________________1168, 1193, 1267, 1302 HB 977-General Assembly, create Senatorial districts --------------------------------------- _________________________1122, 1126, 1225, 1325 HB 1099-Primary laws, repeal law requiring late primary in certain counties ___________________ 1212, 1217, 1274, 1314, 1450
Electric Membership Corporation (See Corporations)
Eleemosynary Institutions (See Milledgeville State Hospital)
Ellington, Mrs. Martha H. HR 163-Compensate ---------------------------------------------------------1250, 1252, 1381, 1476
Employees (See Officials, State) SB 142-Loyalty oath ------------------------------------------------------------851, 978, 1278, 1447 SR 26-Compensation certain employees --------------------------------------198, 250, 308

1506

INDEX

Employees (See Officials, State)-Continued

SR 28-William K. Barrett, compensation ____

__ 239, 250, 309

SR 45--Authorizing pay certain employees Senate, etc.______ ___________ 752

J::mployment Security Office SB 106-Provide term of office of Director

Entomology, Department of SB 169-Extend merit system to include employees ____ 871, 963, 1019, 1332

F

Federal Flood Control Act HB 923-Payment to counties ____ ------------------------------------------1122, 1126, 1224, 1321

Federal Wage and Hour Laws SR 35-Federal Wage and Hour Laws___________________

--- ____ 339, 385, 474

Felony HB 402-Persons placed on probation by Court_ 642, 923, 931, 982, 1435, 1462

Fields, Mrs. Garland HR 56-341b--Compensate ------------------------------------ ____________________ 334, 349, 444, 488

Fines and Forfeitures HB 199-Fund --------------------------------------------------------------------------------------395, 442, 484
Fires, Fire Protection (See Conservation)

Forest Fire Emergency Committee
SB 17-State wide forest fire protection ---------------------------- 89, 139, 162, 271 SR 15-To provide emergency committee on forest fires___________________________ 89 HR 28-171a-Create --------------------------------------------------- _____________________ 282, 301, 448 HB 171-Protection Act _____ --------------------------------------------- _________ 260, 280, 300, 449

Forestry, State Commission HB 244-Create ------------------------------------------------------------------260, 281, 301, 449, 693 HB 763-Payments for forest fire protection______________________956, 959, 1013, 1092

Forestry, Department of SB 66-Abolish ______ ------ ___________ ---------------------------------------167, 212, 239, 270

Ft. Valley State College HB 510-Land grant _______________ _

-------- --- --- ____________________496, 500, 554, 676

Foxes HB 784-Set up State wide control of rabies______________1023, 1033, 1134, 1480

Funeral Service, State Board of HB 170-Create and establish -----------------------------------------1120, 1123, 1224, 1441

INDEX

1507

G

Game Warden, County HB 209-Abolish office

-------- -- -- --- - ---- --- ----- -- --- 584, 595, 641, 700

Game and Fish, State Board of
SB 96-Commission --------------------------------------------------------------- ____________291, 441, 487 SB 107-Create board _______________ ------------------------------------- _---------- .. ____340, 551, 874 SB lOS-Create Tidewater Commission --------------- ------------ ______________340, 551, 875 SB Ill-Compensation for members of Commission _______ 341, 441, 880, 1008 SB 173-Enter into agreement with North Carolina,
Lake Chatuge ---------------------------------------- ------------ ___871, 890, 1005, 1404 HB 569-Create ---------------------------- ___________________________________ 956, 959, 1134, 1465

Gas Pipe Lines (See Petroleum)

HR 214-Request Federal Power Commission grant permits

for building, etc., pipe lines to serve Georgia

with natural gas___

_____________________________________ 1212, 1275

Gavin, John D. HR 176-Compensate

1123, 1127, 1266, 1430

General Assembly (See Elections and Election Laws)

SB 103-Members not to sell State agencies ________________________ ------------------------- 339 SR 58-To buy ad valorem taxes on property______________________853, 1014, 1065

SR 91-Provide additional representatives in certain counties_______________ l098

HB 757-Mileage for members ---------------------------------------------956, 959, 1037, 1093

HR 221-Joint Session to hear message from Governor

___________________ 1248

Georgia Citizens Council SB 5-Repeal Act creating Georgia Citizens Council ________________ 71, 79, 88

Glass, Mrs. Olivia HR 23-139b-Compensate ______ ____ ----- __ --------------------- 918, 930, 1266, 1477

Government Saving Bonds HB 965--Deduct from salary of employees __

--- 1122, 1126, 1297, 1400

Governor, State House Affairs
HR 71-To secure bills providing for increase in salaries of employees __________
HB 446-Election and inauguration _ ______________ _

- ______________318, 321 413, 418, 553, 621

Guardians
HB 38-Investment by guardians of wards funds ________________ 147, 155, 193, 256 HB 359-Sell stock ________________________________ -------------------- 582, 592, 642, 1006, 1046

H
Health, County Boards of HB 995-Records as evidence in certain counties__________ 1175, 1194, 1268, 1300 HB 996-Publication of rules and regulations________________ 1173, 1197, 1272, 1311
Health, State Department of SB 97-Provide registration of marriages, divorces and annulments -----------------------------------------------------------------------------292, 493

1508

INDEX

SB 161-Provide penalties for violation of rules and regulations --------------------------------------------------------------------------870, 963, 1447
SB 216-Penalty for false claim to be an officer.____________971, 1037, 1064, 1447 HB 3-Administer grants in construction of hospitals______113, 115, 251, 313 HR 99-Commend for service in the eradication of typhus fever....499, 505
Heating Equipment
HD 526-Contractors, certain counties -------------------------496, 501, 554, 615, 651 HB 985-Warm air heating equipment, regulate
installation -----------------------------------------------------------1176, 1196, 1268, 1309
Highway Commission
SB 34-Ten men Commission .122, 191, 223, 310, 352, 362, 1069, 1085, 1094 SB 187-Create. (new) ----------------- --------------------------------------------- ----- ___ 884, 1038 SR 54-Create --------------- ------------------------------------------------------- ____________________________853
Highway Department, State of
SB 25-To have merit system-------------------------------------------- ..113, 126, 145, 289 SB 39-Director-Treasurer ----------------------------------------------134, 163, 172, 222, 691 SR 33-Create ----------------------------------------------------------------------------------292, 323, 1039 HB 174-Empowering to contract with counties__________ 150, 159, 195, 242, 243 HB 175-Be prohibited from negotiating contracts_____________ 150, 159, 195, 242 HR 204-Name members ------------------------------------------------------------------------------1094 HB 339-Limited access highways, establish in
certain counties __________________ ___ ___________ __________ __________ 579, 588, 642, 700 HB 792-Provide liability insurance for motor vehicles
owned by Department------------------------------------------------------- 956, 960, 1037 HR 19-100a-Establish authority to execute agreements
concernin-g highway rights ------------------------------149, 159, 266, 314, 414 HR 31-Pay engineers for services Jan. 14, 1947-Mar. 18, 1947 ___ 122, 128
Highways, Public
HB 334-Traffic control, in certain counties. ___ . __ 333, 345, 479, 521, 586, 625 HB 567-,Regulate use of __________ . ____ __________ ___ ________ 583, 593, 644, 766

Holidays HB 64-Permissive holidays, certain counties __________________ 260, 280, 299, 328

Home Rule HB 25-Provide

---------- ------- ----------------- - 496, 500, 605, 965, 984, 986

Hospital Authority
HB 459-Laws --------------------------------------------------------------------------496, 500, 553, 620 HB 460-Validation of Revenue Anticipation certificates...496, 500, 553, 893 HR 110-Requesting State Hospital Authority issue revenue
certificates ------------------------- ------------------------------------------------------ _ 695, 729

Hospitals, Hospitalization
SB 19-Group hospitalization --------------------------------------------------- _____________ 89, 604 SB 126-Group Hospital Service, place of residence ________452, 605, 875, 1478 HB 868-County employees, deduct from salary____________ l122, 1125, 1297, 1456

Housing Authority, State HB 8-Create board ----------------------------------------------------------------121, 123, 173, 202

INDEX

1509

Hunting
SB 12-Prohibit use of traps, etc., hunting wild game 72, 265, 310, 631, 673 SB 13-Permission to hunt game on lands of another ------------------------- 72, 311
Hunting and Fishing Licenses
HB 148--Licenses, honorary ---------------------------------------------------------------331, 341, 442 HB 231-Provide for non-residents ------------------------------------------540, 543, 606, 765 HB 232-Provide for non-residents _________________________________________540, 544, 606, 765 HB 233-Fishing licenses for non-residents __________________________540, 544, 606, 675 HB 298--Fishing licenses for non-residents.___________________________ 584, 595, 642, 766 HB 438--Licenses, regulate sale ----------------------------------------------586, 596, 643, 765
Husband and Wife
HB 303-Sale by wife of separate estate to husband or trustee _________________________________________________________:________317, 320, 607, 1326

I

Industrial Home HB 415-Children committed, support _________________________________________ __485, 642, 766 SB 167-Procedure ------------------------------------------------------ ----------------------------------------- 167

Intangible Property (See Taxes and Tax Laws)

Insanity
HB 152-Insane persons, arrest and commitmenL________________331, 341, 513, 881 HB 325-Insane persons, commission to examine_______________________ 585, 642, 893

Insecticides (See Economic Poisons Act)

Institutions, Department of HB 723-Create --------------------------------

------------------ ____1045, 1047, 1134

Insurance Commission
SB 23-Salary of deputy insurance commissioner_______________ 104, 190, 223, 690 SR SO-Extend powers ------------------------------- ---------------------------- _ 972, 1103, 1279

Insurance and Insurance Companies

SB 37-Investigation by Insurance Companies __________________ 123, 191, 223, 691

SB 38--Policyholders participate in net profits of

insurance companies --------------------------------------------------134, 191, 223, 630

SB 86-Insurance, amendments --------------------------------------------------------------------- 277

SB 119-Capital stock -----------------------------------------------------------------------.417, 552, 881 SB 125-Regulate trade practices -----------------~------------452, 605, 879, 1115, 1404

SB 226-Relating to insurers not authorized to transact

business in this State --------------------------------------------------------------1046, 1296

SB 214-Certified insurers ---------------------------------------------------------------------------- 971 SR 43-Insurance Committee to prepare bill to revise

insurance laws ------------------------------------------------------------------------626, 692

HB 11~Participating policies ----------------------------~-----------~------228, 229, 441, 894

HB 3ll.:._Insurers Process Act unauthorized __,____________;.________540, 544, 607, 879

HB 31.2,.-Repeal certain code sections _,,_:_______:_____________~---~----,540, 544, 607, 879

RB 316-License fees ---------------------------~------~~-~------'---~54Q, 544, 607; 881, '1027

. .. HB

3

2

7

-

F

i

d

e

l

i.

t '

y

insurance

bonds

-------------------------':~--. -----------923.

9

3

1.-

,

1 '

2

9

6

1510

INDEX

HB 462-Capital stock ______ -------------- _____ . HB 663-Excess insurance agents law___________________
HB 781-Refuse or avoid payment_______________

579, 588, 880 585, 594, 644, 759 - 1023, 1033, 1297

HB 798-Authorize Board of Education to enter into

contracts for, in certain counties ------------ __ .1023, 1033, 1134

HB 1036-Fire insurance companies, mutual or

cooperative _----------------- ___________________ ----------1214, 1216, 1298, 1480

HB 1041-Unauthorized Insurers Process Act_____

1249, 1253, 1298, 1440

HR 235-Insurance laws------------------------------------------------- ____ ---- 1470, 1473

Intruders HB 62-Proceedings against intruders _____________ _

-- --- 148, 156, 423

Investment Certificates

SB 81-Authorize sale of ____ -------------------------------------- ________ _ 259, 369, 484, 691

HB 276-Security investments, etc., recordings _____

276, 582, 592, 893

J
Jekyll Island (See Parks)
Johnson Motor Company
HR 125-784a-Compensate ----------------------------------------------------970, 974, 1265, 1465
Judge Emeritus
SB 154-Create office of Judge, Superior Court, Emeritus -------------------------------------------------------------------854, 889, 1018, 1092
HB 302-Create office -----------------------------------------------333, 343, 422, 486, 625, 687
Judges
SB 178-Create retirement fund, Judges, Emeritus ----------------------------872, 890, 953, 1333, 1387, 1391, 1393, 1448
Judicial Circuit
HB 376-Abolish fee system for Solicitor General._______________335, 346, 888, 913 HR. 136-Atlanta, supplement Judges salary by
Fulton County _____________________________________1164, 1188, 1344, 1423, 1463 HB 384-Augusta, fix salary of Solicitor GeneraL_____________335, 346, 422, 446 HB 758-Blue Ridge, fix salary of Judge _______________________________927, 934, 980, 997 HB 616-Chattahoochee Circuit, increase salary of
Solicitor General -------------------------------------------------------541, 545, 610, 655 HB 619-Chattahoochee Circuit, Muscogee County to
supplement salary of Judge of Superior Court_____.461, 473, 611, 656 HB 240-Cherokee, salary of Solicitor General _____________________________.412, 417, 606 HB 529-Cherokee, supplement salary of Judge of
Superior Court -------------------------------------------------.457, 467, 516, 568, 630 HB 627-Cherokee, salary of Solicitor General ____________________499, 504, 611, 657 SB 8-Coweta, Judges salary_________________________________________ 72, 85, 108, 161, 163 SB 9-Coweta, fee system -------------------------------------------- 72, 86, 108, 161, 164 HB 159-Dublin, compensation court reporters_____________________________150, 158, 351 HB 343-Dublin, abolish fee system Superior Court..__________345, 442, 526, 692 SB 56-Eastern, fix salary Solicitor General --------------------154, 192, 216, 290 SB 58-Eastern, Judge Superior Court salary____________________154, 212, 234, 337 SR 78-Judges pro hac vice ------------------------------------------971, 1133, 1206, 1470

INDEX

1511

HB 434-Griffin, Solicitor General's salary -------------------------- 453, 463, 608, 649 HB 239-Lookout Mountain, create ______________________________436, 438, 513, 919, 1027 HB 150--Macon, compensate court reporters _______________________181, 184, 284, 302 HB 62S-Macon, abolish fee system ________________________________________497, 502, 611, 657 HB 637-Macon, salary of Solicitor GeneraL________________498, 503, 554, 616, 659 HB 639-Macon, abolish fee system ____________________498, 503, 554, 611, 616, 659 HB 451-Middle, increase salary of Solicitor GeneraL_______453, 463, 514, 564 HB 756-0conee, fix salary of Solicitor GeneraL_________________927, 934, 981, 996 HB 561-0cmulgee, provide compensation of employees __ 459, 470, 609, 652 SB 23S-Ogeechee, provide salary for court
reporter ------------------------------------------------------1099, 1200, 1448, 1452, 1458 HB 213-Richmond, increase salary Solicitor
General ---------------------------------------------------------------331, 342, 423, 444, 1206 HB 250-Southwestern, abolish fee system in
Superior Courts ------------------------------------------------------------260, 281, 301, 325 HB 540-Southwestern, salary for court reporter__________________458, 468, 644, 701 HB 291-Stone Mountain, provide salary of Judge _______________ 332, 343, 423, 445 HB 500-Stone Mountain, increase salary of
Solicitor General ----------------------------------------------------------455, 466, 515, 557 HB 681-Stone Mountain, salary of court reporter________________583, 589, 645, 704 HB 104S-Stone Mountain, add one Judge of the
Superior Court_______________________________ 1172, 1184, 1253, 1269, 1328, 1380 HB 670--Tifton, salary of Solicitor GeneraL________________________ 542, 547, 613, 663
HB 35-Tugalo, create new -----------------------------------166, 168, 232, 314, 315, 352 SB 67-Waycross, Solicitor General -----------------------------------167, 212, 234, 337 SB 13S-Waycross, adjust pay of court reporter_______________850, 874, 891, 1404 HB 912-Western, expenses for clerical help in
Superior Court ---------------------------------------------------1168, 1193, 1263, 1399
Jurors, Jury Duty SB 31-Entitle women to serve on juries_______________________________________________________ 114
SB 40--Challenges of jurors ---------------------------------151, 191, 255, 310, 631, 727 HB 333-Jury lists, in certain counties__________________________________333, 344, 478, 521 HB 801--Jury commissioners, compensation paid
to clerk of board -----------------------------------------------------------1248, 1252, 1297
Justices of the Peace
HB 142-Fees --------------------------------------------------------------------- 166, 169, 300, 374, 437 HB 701-Abolish Justice of Peace and Justice Courts________584, 592, 646, 703
Juvenile Court
SB 181-Provide ------------------------------------------------------- 873, 1014, 1203, 1464, 1472 HB 331-Salary of Judge in certain
counties ---------------------------------333, 344, 478, 524, 694, 728, 987, 1069

K

Kimbrell, William Melvin HR 91-Compensate ----------------------------------------------------1026, 1029, 1476

L

Labor, Department of HB 435-Removal of employees -------------------------------586, 595, 643, 894

1512

INDEX

Land Subdivision HB 1093-In certain counties ____________________________________________1175, 1194, 1341, 1412 HB 61-Amend law with reference to duration of tenancies ----------------------------------------------------------------- ____ 131, 135, 423, 882
Law and Law Practice (See Attorneys at Law) HR 44-250c-Supplemental report No. 4, adopt ____________ 924, 932, 1078, 1113 HR 45-250b-Supplemental report No. 1, adopt ___________ 924, 932, 1078, 1113 HR 46-250c-Supplemental report No. 3, adopt ____________ 924, 932, 1078, 1113 HR 47-250d-Supplemental report No. 2, confirm and adopt ------------------------------ ------------------------------- .919, 930, 1078, 1113 HR 90-627a--Georgia Bar Association, sub-committee to confer with ---------------- ________________ -------------------- 582, 594, 641, 743
Law, State Department of
SB 245-Fix salaries----------------------------------------------------------------------- ____ 1214, 1262 HB 191-Reorganize ______ ----------------- _ _ _____ _ ________________ 1248, 1252, 1297, 1400
Libel (See Radio Broadcasting Stations) HB 128-Newspapers ---------------------------- ________________________ 278, 280, 300, 394, 411
Library, State HB 592-Retirement for employees _________________________________________541, 545, 644, 759
License and License Fees (See Hunting and Fishing Licenses) SB 112-Commercial Fishing Board, provide license fees to operate ------------------------- ------------------------------------------- 341, 551, 880 HB 147-Sale of fireworks ------------------ __ ------------------------ 228, 229, 369, 485, 692 HB 1056-Medicallicense to aliens_____________________________________1212, 1216, 1269, 1466
Liens SB 113-How liens are declared and created____________________________________________________ 365 SB 217-Debts, mortgages on real estate or personal property________971, 1021 HB 433--0ther than ad valorem________ ---------------------------------------------586, 595, 912 HB 443-Provide means of enforcement ----------------------------------------------------955, 958
Livestock SB 110-Sanitary Board, create --------------------------------------------------340, 477, 1002 SB 207-Require stricter registration, hogs ----------------958, 1132, 1201
Locomotives
HB 549-Regulate bells, headlights, etc. ____ ----------588, 644, 879
Loyalty Oath (See Officials, State)

M
Mack, Henry SR 88-Reimburse --------------
Malt _Beverages _(See Alcohol and Alcohol Beve:~;~ges) _ _

_1047, 1133

INDEX

1513

Markers, Monuments, Memorials, Etc. HB 267-Memorial Sidney Lanier, "Marshes of Glynn" ------------------------------------------------------------245, 249, 606, 665, 693
Marriages SB 79-Premarital examination -----------------------------------------------------244, 323, 416 HB !55-Examination for syphilis -----------------------------------------539, 543, 605, 759
McDuffie, W. E., and Dayo, E. B. HR 69-457b-Compensate -----------------------------------------------------581, 595, 640, 745
Medical License (See License and Fees)
Merit System Council SB 24-Code amended ----------------------------------------------------------------105, 171, 201, 690
Military, State Department of (See Public Defense) SB 163-Extend merit system to include employees________870, 978, 1019, 1478 HB 849-Provide annual leave ----------------------------------------------------969, 973, 1078
Milk SB 185-Regulate sale and inspection______________________ 884, 963, 1002, 1334, 1386, 1391, 1458, 1459
Milk Control Board SB 33-Eliminate director. Provide five man board__________115, 140, 162, 262 SB 83-Powers and duties ------------------------------------------------------------------------ 259 SB 189-Establish ___ --------------------------------------------------------------884, 963, 1004, 1332 HB 878-Appropriations ----------------------------------------------------1122, 1125, 1223, 1322 HR 164-Remove restrictions to consumers______________________________________________________ 957

Milledgeville State Hospital HB 165-Certain employees --------------------------------------------206, 208, 369, 393, 437 HB 901-Method of examination and commitment-___________________1121, 1124, 1408
Mines, State Department of HB 952-Employees under merit system__________________________1122, 1126, 1225, 1440
Minimum Foundation Program of Education SB 22-Education ---------------------------------------------------------------------------------- 104 HB 140-Amendments. __________363, 365, 422, 528, 570, 572, 587, 625, 678, 681
Mortgages (See Liens)
Motion Pictures SB 109-Create Board of Censors ------------------------------------------------------------------ 340 HB 403-Regulate operation on Sunday_____-436, 438, 514, 621, 681, 749, 757
Motor Carrier Act SB 164-Half fare when no seat--____________________________________________________________870, 1074 HB 252-For hire, regulate ----------------------------------------------------------------317, 319, 606 HB 253-Regulate ---------------------------------------------------------------------------------317, 319, 606

1514

INDEX

HB 1026-Considerations determining grant of certificates..._______________________________________________l122, 1126, 1225, 1324, 1450

Motor Fuel Law (See Taxes)

Motor Vehicles

SB 41-Tax on rolling stores__________________________________________151, 259, 274, 297, 329

SB 98-Responsibility when stolen -------------------------------------- ____________ _________ 292

SB 131-Application for registration HB 40-Safety responsibility, provide for giving

of security --------------------------------------------------------------- __412, 417, 552, 674

HB 179-Regulate _ _____ __________ ___ _________

___ -------------------- ____331, 341, 605

HB 466-Regulate, insurance --------------------------------------------

969, 972, 1297

HB 506-Require certificate of title ___ --------------------- ___ 918, 931, 1262, 138:3

Municipal Corporations (See Counties and County Matters)

HB 88-Annexation territory, by ordinance

(repeal) _________________

------ - 148, 156, 233, 256, 437

HB 1060-Adel, repeal charter _

1166, 1190, 1270, 131-l

HB 1061-Adel, incorporate city

1171, 1182, 1272, 130::

HB 927-Alapaha, authorize 1% ad valorem tax

on property _________________

----- 1169, 1181, 12G3, l;~iii}

HB 27-Albany, amend charter __ .

10:3, lOG, 127, 1-i~

HB 32-Albany, amend charter ______

__________________________103, 106, 127, 143

HB 353-Albany, establish City Court __ _______________________ 318, 321, 443, 481

HB 776-Albany, prescribe increase in salary for mayor____925, 935, 981, 998

HB 777-Aluany, authorize contracts for group insurance_ 925, 935, 981, 998

HB 971-Alma, amend charter______ ____ __ __________ _

1171, 1183, 1271, 1300

HE 920-Alpharetta, amend charter

1025, 1034, 1079, 1111

HE 389-Americus, taxation amendments

________________335, 347, 386, 426

HE 850-Americus, extend powers to officials

1023, 1032, 1105, 1136

HB 851-Amel'icus, create retirement system for

employees ________ -------------------------- _________________ 1024, 1032, 1076, 1107

HB 855-Athens, amend charter ________________________

988, 989, 1076, 1107

HB 588-Athens, change civil service commission____ _ - 459, 470, 518, 562

SB 6-Atlanta-Fulton County, local government

commission _

_______ 71, 190, 215, 585, 617

SB 32-Atlanta, amend charter ______

___ 126, 141, 681, 688

SB 72-Atlanca, amend charter

... 183, 232, 251, 258, 762

SE 78-Atlanta, extend city limits ____ _

------ ____ 244, 265, 285, 499

SR 8-Atlanta-Fulton County, consolidate governments ______ 73, 91, 110

HB 144-Atlanta, amend charter ____

_ __ _181, 183, 233, 252

HB 270-Atlanta, create municipal court ____ _____ ______ ____ 246, 249, 301, 326

HB 487-Atlanta; authority to sell certain land ________.454, 464, 553, 614, 650

HB 667-Atlanta, extend limits______

________ 542, 547, 613, 663, 664, 694

HB 673-Atlanta, Police Department insurance ________ 580, 591, 645, 726, 763

HB 917-Atlanta, amend charter ___________________________ 1025, 1034, 1079, 1111

HE 942-Atlanta, increase salary of .T udge of Courts _1168, 1193, 1267, 1309

HB 944-Atlanta, extend corporate limits__ ___

. 1173, 1185, 1271, 1311

HB 945-Atlanta, extend city limits ____ __ _____ _________ 1173, 1185, 1271, 1308

HB 953-Atlanta, provide health insurance for

employees -----------------------. ------------------- __ 1174, 1198, 1273, 1309

HB 972-Atlanta; increase salaries of Judge of

Criminal Court and Solicitor ________ ___ .1173, 1185, 1272, 1315, 1450

HB 983-Atlanta, extend corporate limits

___________ 1172, 1184, 1271, 1313

HB 1082-Atlanta, extend city limits _

1175, 1195, 1270, 1317, 1450

INDEX

1515

HB 1100-Atlanta, establish new charter_____________

1212, 1217, 1343, 1413

HR 179-Atlanta, city taxes collectible by Fulton

County officials ______________ ---------------------------- __ 1163, 1187, 1264, 1372

HR 180-Atlanta, assume portion of Fulton County

School District debt ___ _____

__ __ ______________ 1173, 1187, 1266, 1379

HR 181-Atlanta, homestead exemption _______________ 1163, 1187, 1264, 13n

HR 182-Atlanta, added territory part of city school system __________________________ ________________

1163, 1187, 1264, 1373

HR 100-1052c-Atlanta and Fulton County. Create

independent governmental authorities ______

__1162, 1186, 1354

HB 321-Auburn, create new charter__ ___________________ 282, 371, 391

SB 128-Augusta, violation of health regulations ________ ___ SB 129-Augusta, provide annual municipal budget______________

452, 512, 763 452, 513, 763

SB 130-Augusta, provide pension and retirement system for employees _________________ __________________________ _____ 452, 513, 749

SB 241-Augusta, office of Commissioner of Public

Safety abolished -------------------------------------------- ________1180, 1261, 1298

SB 242-Augusta, create civil service commission

SB 243-Augusta, provide method of challenging

voters _________________________ ----------------------------------- _1180, 1261, 1299, 1448

HB 117-Augusta, amend charter _____

_________________ . _____ 181, 185, 284, 302

HB 118-Augusta, provisions for members of

Fire Department

_________________________________________181, 185, 1012, 1038

HB 177-Augusta, amend charter _____________________________________ 182, 185, 233, 253

HB 465-Augusta, create municipal court __________________

__454, 565

HB 691-Augusta, amend charter _ ______________ _

_584, 589, 645, 703

HB 692-Augusta, provide for civil service commission

_584, 589

HB 990-Augusta, regulate salaries in Municipal Court ________________ ____ ____ _____________ ___________________ 1173, 1197, 1274, 1308

SB 27-Bainbri~ge, establish City Court __ __________________

__ 114, 171, 196

SB 28-Bainbridge, provisions for Judge and Solicitor ____ 114, 171, 196

SB 221-Bainbridge, provide retirement system for

city employees_______

________________________1027, 1075, 1105, 1291

HR 41-227c-Bainbridge, create i:~dependent school

districts _____________________ _ ____ -------------------------------- 581, 593, 646, 737

HB 259-Barnesville, school tax; referendum____

_____ 261, 281, 301, 326

HB 1021-Bartow, provide tax rates _____________________________ 1174, 1198, 1269, 1305

HB 987-Berlin, incorporate Town of

_ _________ 1171, 1183, 1272, 1309

HB 55-Blackshear, revise charter _____________________________________ 147, 155, 218, 235

HB 53-Blackshear, practice and procedure ____________________ 147, 155, 194, 218 HB 829-Blakely, amend charter ______ ________________ ...1023, 1031, 1076, 1107

HB 1058-Bluffton, prohibit sale of liquor within 3 miles of ____________________________________ 1166, 1191, 1247, 1270, 1304

HB 586-Bremen, provisions for sale of land HB 587-Bremen, taxation; amend charter_________________ ____ 459, 470, 518, 56~ HB 796-Brunswick, amend charter ____________________________________ 924, 936, 1134, 1450
HB 399-Brunswick, create city court _____ __________________ ___ 336, 347, 423, 446
HB 139-Brunswick, amend charter ________________ 150, 158, 214, 239, 243, 268

HB 819-Buford, create new charter ______

1023, 1033, 1076, 1106

HB 520-Buford, City Court, compensation of jurors __ 457, 467, 516, 558 HB 1059-Cairo, amend charter ______________________________________ 1166, 1191, 1274, 1307

HB 21-Cairo, establish City Court__________________________ ___ 147, 155, 212, 235

HB 5-Camilla, amend charter --------------------------

_ 105, 192, 217

HB 737-Camilla, levy excise tax on sale of malt beverages --------------------------------- _______________________________ 928, 935, 994, 1015

1516

INDEX

HB 738-Camilla, establish City Court ----------------------------------- 928, 932, 982, 996 HB 986-Canton, increase school tax ------------------------------1172, 1184, 1268, 1307 HB 29-Cartersville, amend charter -------------------------------------103, 106, 173, 198 HB 778-Cartersville, amend charter ----------------------------------- 926, 935, 994, 1016 HB 779-Cartersville, provide assessments, etc. __________________ 926, 935, 994, 1016 SB 71-Carrollton, extend corporate limits ____________168, 212, 234, 337, 338 HB 570-Carrollton, taxation, amendments ________________________ 459, 470, 518, 561 HB 1116-Carrollton, provide school tax ________________________ 1290, 1293, 1343, 1414 HB 1117-Carrollton, provide ad valorem tax___________________1291, 1293, 1343, 1414

HB 541-Cedartown, amend charter -------------------------------------458, 468, 517, 559

HB 1110--Cedartown, change time for holding

_

elections ----------------------------------------------------------------1331, 1335, 1407, 1451 HB 278-Chamblee, define limits ____ __ ____ -------------------------- __ 261, 281, 301, 326 HB 358-Chamblee, create new charter _________________________________ 334, 346, 387, 426

HB 1016-Chamblee, create new charter _______ --------------1167, 1192, 1342, 1411 HB 1017-Chamblee, extend corporate limits __________________________ 1177, 1263, 1312

HB 623-Chatsworth, provide a water works commission __ 462, 474, 519, 556 HB 620--Chatsworth, amend charter _______________________________________.461, 473, 519, 556

HB 198-Claxton, amend act ____________ --------------------------------- 182, 185, 233, 254 HB 387-Cleveland, create new charter ----- _________ . ______________ 364, 366, 443, 482

HB 375-College Park, territory excluded from corporate limits ____ ___________ ________________________________380, 381, 514, 564

HB 400--College Park, extend city limits ______________________________ 364, 366, 443, 483 HB 495--College Park, amend charter ______ . ____________ . ____455, 565, 554, 614, 650 HB 566-College Park, extend limits, referendum ________________ 496, 501, 609, 652

HB 877-College Park, provide civil service and pension laws ______________ ... _____________________________________1024, 1031, 1077, 1108

HB 946-Colbert, amend charter _________________________________1162, 1186, 1268, 1311 HB 593-Colquitt, animals running at large _______________________________ 497, 501, 653

HB 594-Colquitt, establish stock laws
HB 595--Colquitt, provide for Mayor and Council HB 1007-Colquitt, provide ad valorem tax rates ___ 1174, 1194, 1273, 1306 HB 483-Coornelia, amend charter ________________________________.454, 464, 515, 566

HB 537-Cornelia, extend corporate limits; referendum ___ 457, 468, 517, 559

SB 102-Columbus, pensions to retired employees _ _

339, 385, 585

HB 71-Columbus, land lots ____ ------- _______ _______________________ 131, 135, 173, 200

HB 72-Columbus, sell Motts Green _____________________________________132, 135, 173, 200

HB 293-Columbus, merger of school systems______________________332, 343, 442, 480 HB 295--Columbus, extend corporate limits _________________________ 332, 343, 386, 425 HB 296-Columbus, school tax, amendments__________________________317, 320, 386, 425

HB 416-Colum.bus, land sale confirmed, Swift Manu-

facturing Co. ------------------------------------- ---------------------------336, 348, 387, 427 HB 417-Columbus, city parking lots ___________________________337, 349, 386, 427, 693

HB 418-Columbus, street-realignment; land conveyance __ 337, 349, 387, 427

HB 612-Columbus, registration of voters HB 613-Columbus, establish Municipal Court ___________________461, 473, 610, 655

HB 614-Columbus, increase salary of Clerk in

Municipal Court ---------------------------------------------------------461, 473, 610, 655 HB 617-Columbus, fix salaries of Judge and Solicitor

in City Court -------------------------------------------------------------461, 473, 610, 655 HB 618-Columbus, marshals and deputies,
Municipal Court ______ -------------------------------------------------- 461, 473, 611, 656 HB 1008-Columbus, establish a Municipal Court___________________ 1167, 1192, 1308

HB 1081-Columbus, provide for appointment of Judge and Solicitor of City Court____________ __________ .1171, 1183, 1341, 1412

INDEX

1517

Hll 1086-Columbus, provide for appointment of Judge and

Solicitor of City Court ----

_ _____ ______ _ _ . 1172, 1184, 1302

HB 615--Columbus, compensation of marshal of

Municipal Court ----------------------------------------- --------- ___.461, 473, 610, 655

HB 693-Dalton, amend charter _____________

___ 489, 584, 613, 699, 942, 1027

HB 694-Dalton, provide sewer system ________________________584, 590, 613, 699, 942

HB 696-Dalton, provide for levy and collection of
ad valorem tax ---------- _____ ----------------------------- 584, 590, 696, 699, 942 HB 913-Dalton, increase pension ________________________________1025, 1030, 1104, 1136

HB 28-Dallas, amend charter ---------------------------------------------- 316, 319, 385, 424 HB 342-Danielsville, create new charter -------------------------- 239, 293, 371, 392 . HB 120-Darien, amend charter ______________________________________________ 149, 157, 195, 219

HB 121-Darien, close alley ---- _____ ------------------------------- .... 133, 137, 213, 237

HB 815-Dawson, amend charter -----------------------------------------929, 937, 983, 1000

HB 289-Decatur, establish City Court ----------------------------------317, 320, 371, 390

HB 422-Decatur, retirement system ------------------------------------- 364, 366, 443, 483

HB 423-Decatur, sewage assessments ------------------------380, 381, 443, 483

HB 424-Decatur, amend charter ------------------------------------- ___ 364, 366, 443, 483

HB 496-Decatur, administrative departments, amendments _________________ _______ _________________ __ ______

___ .455, 465, 515, 566

HB 497-Decatur, amend voters registration

HB 624--Decatur, attendance fees for officials___________ _ ....497, 502, 611, 656

HB 625-Decatur, provide for office of City Recorder

___ 497, 502, 656

HB 1063-Decatur, amend charter _______________________________ -----.

1166, 1190

HB 1064-Decatur, amend charter ... _.... _ _________ __

HB 1065-Decatur, amend charter______________

________ ______

1166, 1190 .1165, 1190

HB 1066-Decatur, extend corporate limits ________________ 1165, 1190, 1407, 1451

HB 1067-Decatur, amend charter________________

.. 1177, 1196

HB 1068-Decatur, amend charter_____________

1177, 1196

HB 1069-Decatur, amend charter ________ ____ _____________________

_1168, 1193

HB 1070-Decatur, amend charter

---------------------

.1176, 1196

HB 1071-Decatur, amend charter--------- -----------------. ---------------- 1174, 1198

HB 1072-Decatur, amend charter

_________________ 1176, 1196, 1341, 1412

HB 676-Demorest, create City Council

580, 591, 593, 645, 702

HB 640-Doerun, create new charter --------------------- ______ __ 498, 503, 611, 659

HB 657-Donalsonville, extend corporate limits.____________.____ 542, 546, 613, 662

HB 1003-Donalsonville, provide for Board of Tax Equalizers ___________________ ______ ______

. 1175, 1195, 1273, 1306

HB 287-Doraville, create new charter _

. _332, 343, 386, 424

HB 207-Douglas, provide for City Court ___ .. _________________ 245, 247, 442, -180

HB 793-Douglas, amend charter --------------------------------------926, 938, 1076, 1106 HB 794--Douglas, grant pensions to employees___ 924, 936, 1076, 1112, 1292 HB 910-Douglas, extend corporate limits __________________ 1025, 1030, 1104, 1136
HB 1039-Dublin, provide for support of school system_________________ ...1170, 1182

HB 380-Dublin, provide for Tax Assessors ----------------------- _364, 366, 443, 482 HB 978-Eatonton, provide for Board of Tax Assessors
to be elected by the people________________________________ l172, 1185, 1271, 1303
HB 980-Eatonton, elect Recorder _______________________________ 1172, 1184, 1271, 1301

HB SO-Elberton, provide for Mayor, City Recorder, etc.132, 135, 174, 200 HB 895-Elberton, establish City Court .______________1022, 1027, 1262, 1267, 1300

SB 124-Ellaville, establish City Court ----------------------------------------------..452, 512 HB 881-Ellaville, create new charter __________________________1024, 1031, 1076, 1108

HB 887-Ellaville, amend charter ------------------------------------1021, 1028, 1266, 1304 HB 430~East Point, establish new charter __________________ 453, 463, 553, 614, 649

HB 431-East Point, amend charter ------------------------------453, 463, 608, 667, 763

1518

INDEX

HB 440--East Point, establish new charter................... 453, 463, 553, 614, 649

HB 515-East Point, extend limits -------------------------- ____ 456, 466, 554, 615, 650

HB 516-East Point, extend limits ....... ------------456, 467, 554, 615, 651 HB 517-East Point, provide for sewage system

in added territory _____ ------------------------------------.456, 467, 554, 615, 651 HB 575-East Point, annexation of certain lands _____ 459, 470, 554, 615, 653

HB 664-East Point, extend city limits (Lakewood). 542, 547, 613, 699, 891

HB 664-East Point, extend city limits . .. ...... .. 542, 547, 613, 699, 892

HB 991-East Point, establish new charter......... 1171, 1183, 1263, 1268, 1301

HB 993-East Point, assess cost oi wa~er lines.......... -------------- .. 1170, 1182

HB 1054-East Point, establish new charter........ -- .

1166, 1191

HB 1055-East Point, amend charter .. ---------------------------------------1166, 1191 HB 710-Eton, abolish certain lands ..... --------------- .............927, 935, 994, 1015

HB 208-Fitzgerald, amend charter ------------------------------------ 206, 208, 300, 325

HB 455-Fitzgerald, amend charter -----------------------------------------------------364, 367 SB 200-Flowery Branch, amend charter ------------------ ---------- 909, 963, 984

SB 180--Folkston, create new charter -----------------------------872, 963, 983, 1178 HB 678-Forest Park, increase ad valorem tax on

property _____ ... ------------------------------------------------- .. 580, 591, 645, 700 HB 754-Forest Park, fix terms of Mayor and Aldermen .. 927, 934, 980, 996

SB 174-Forsyth, authorize to close portion of

College Street ---------------------------------- ................ 871, 911, 941, 1178

HB 789-Forsyth, amend charter ------------------------ ----- ..... 926, 936, 994, 1017

HB 218-Fort Oglethorpe, incorporate town ------------ ........ 288, 292, 370, 424 HB 151-Ft. Valley, amend charter.. ________ ... _________ ..... 182, 184, 233, 253

HB 852-Ft. Valley, amend charter -----------------------1024, 1032, 1105, 1136

SB 232-Funston, amend charter -------------- . --------- 1070, 1223, 1448 HB 1090--Funston, fix terms of Mayor and CounciL.. 1175, 1194, 1270, 1305

HB 124-Gainesville, amend charter ________ ------------------------149, 157, 213, 237

HB 228-Gainesville, provide for school tax --- ... ----------- 260, 280, 422, 444

HB 265-Gainesville, provide group insurance

for employees ------- _------------------------------------ ......261, 265, 281, 301 HB 280--Gainesville, provide salaries for Mayor

and City Manager ------------------- __ ----------------------------261, 282, 301, 326 HB 305-Gainesville, provide retirement fund for

employees ------------------------------------------ -------------------317, 320, 386, 425 HB 502-Griffin, prohibit solicitation of votes at polls ........ 456, 466, 515, 557

HB 891-Griffin, authorizing closing of West

Broadway St. ---------------------------- --------------------1021, 1028, 1078, 1109 HB 894-Griffin, authorize closing of portion of

S. Ninth St. --------------------- -------------------------------1022, 1029, 1077, 1109

HB 900-Griffin, amend charter ----------------------------------1022, 1028, 1270, 1306

HB 1047-Hapeville, amend charter ---------------------------------1167, 1191, 1274, 1304

SB 228-Harmel, amend charter ----------------------------------1047, 1103, 1135, 1333

HB 126-Hawkinsville, amend charter -----------------------------------149, 157, 195, 219 HB 739-Hezpibah, amend charter............. _________________________928, 932, 994, 1015

HB 847-Hinesville, create City Court ----------------------------------925, 938, 983, 1001 HB 419-Homerville, provide ad valorem tax rate._______________337, 349, 387, 427

HB 936-Homerville, authorize levy of taxes ______________1169, 1181, 1267, 1300

HB 938-Homerville, authorize levy of taxes ______________1169, 1180, 1267, 1302

HB 948-Ivy, incorporate town of ---------------------------------1171, 1183, 1268, 1311
HB 630--Jasper, create new charter; referendum................498, 502, 630, 694 HB 596-Jesup, create new charter________________________________________.459, 471, 518, 563

HB 597-Jesup, amend charter ---------------------------------------460, 471, 518, 563 HB 751-Jonesboro, establish City Court -----------------------------927, 933, 980, 998

INDEX

1519

HB lOll-Kennesaw, create new charter _____________1170, 1182, 1268, 1314, 1450 HB 533-LaFayette, prescribe election hours ____________________457, 468, 517, 559
HB 407-LaGrange, provide salaries of Judge and Solicitor General -------------------------------------------------336, 348, 479, 520
HB 742-LaGrange, provide for city manager ____________928, 932, 994, 1016 HB 743-LaGrange, extend corporate limits ______928, 933, 994, 1016 HB 750-Lake Tara, create in Clayton County_______926, 933, 1013, 1135, 1291 HB 409-Lakeland, fix meetings of Mayor and CounciL___336, 348, 386, 426 HB 679-Lambert, abolish charter ____________________580, 591, 645, 701
HB 1018-Lithonia, provide tax for maintenance of parks and playgrounds -------------------------------1177, 1197, 1342, 1412
HB 1014-Louisville, amend charter -----------------------------1174, 1198, 1269, 1302 HB 157-Lumber City, amend charter ______________________182, 184, 233, 253
HB 12-Macon, amend charter -----------------------------------------102, 105, 127, 142 HB 13-Macon, amend charter ----------------------------------------102, 105, 127, 142 HB 14-Macon, establish City Court ------------------------102, 105, 127, 142 HB 69--Macon, amend charter ------------------------------------------245, 248, 266, 285 HB 84-Macon, amend charter ------------------------------------------245, 248, 266, 285 HB 183-Macon, authorize closing of alley _____________________182, 184, 233, 254
HB 185-Macon, create Municipal Court -------------'-'---------182, 185, 251, 270 HB 224-Macon, amend charter -------------------------------------------317, 319, 385, 480 HB 412-Macon, close alley ways, sale of_________________________336, 348, 387, 426 HB 636-Macon, extend corporate limits _______________________498, 503, 611, 659
HB 638-Macon, provide payments to Board of Water
Commission -------------------------------------------------------498, 503, 611, 659 HB 703-Macon, wards, amendments ______________________________581, 590, 646, 701
HB 721-Macon, amend charter ------------------------------1022, 1033, 1077, 1106 HB 805-Macon, authorize Mayor and Council to close
certain streets -------------------------------------------------------924, 937, 982, 999 HB 807-Macon, amend charter ----------------------------925, 937, 982, 999 HB 808-Macon, amend charter -------------------------------------925, 937, 983, 1000 HB 906-Macon, establish City Court; appoint
court reporter ------------------------------------------------1022, 1028, 1078, 1110 HB 1000-Macon, extend city limits ------------------------------1176, 1196, 1272, 1310 HR 133-Macon, reimburse for cost of paving____________1121, 1125, 1223, 1456
HB 744-Manchester, amend charter --,-----------------------928, 933, 1091, 1341, 1410, 1459, 1460, 1464
HB 966-Manchester, extend corporate limits ______________1170, 1182, 1268, 1307
HB 1001-Manchester, authorize closing of certain streets ------------------------------------------1176, 1196, 1266, 1268, 1304
HB 163-Marietta, amend charter ------------------------------------------182, 184, 233, 258
HB 426-Marietta, land conveyance ---------------------------------------579, 588, 643, 701 HB 748-Marietta, provide for Board of Appeals_______________926, 933, 994, 1016
HB 1043-McDonough, extend corporate limits __________1167, 1192, 1274, 1302
HB 307-McRae, amend charter -------------------------------333, 344, 386, 526, 692 HB 89--Midville, provide for election of Mayor
and Council -------------------------------------------------------------132, 135, 174, 200 SB 12-Millen, extend corporate limits______________________________--437, 477, 527, 762
HB 19--Millen, establish City Court --------------------------------------102, 106, 140, 161 HB 136-Morrow, amend charter ___________________________150, 158, 214, 238 HB 42-Monroe, provide retirement for employees__________________107, 173, 199 HB 110-Mt. View, describe corporate limits______________ l33, 213, 236, 262 HB 860-Mt. Park, amend charter______________________________l024, 1032, 1077, 1107
HB 875-Moultrie, extend corporate limits ------------------------------------969, 973 HB 629--Nelson, grant powers to officials_______________________497, 502, 611, 657

1520

lNDE.X

HB 351-Newnan, retirement benefits for employees, provide ---------------------------------- __________________ 334, 346, 386, 481
HB 785--Newnan, establish City Court ______ __________________ 926, 936, 981, 998

HB 662-0dum, define corporate limits --------------------- - ...542, 546, 613, 662
HB 531-0mega, create new charter--------------------------------- 457, 468, 517, 559 HR 492-Palmetto, taxation, amendments ___ - __ 455, 465, 608, 669, 694 HB 651-Patterson, create new charter _____________________ 585, 592, 644, 705, 763 HB 6-Pelham, amend charter ______________________________________________ 102, 105, 192, 217

HB 1023-Pelham, create office of Recorder _________________1176, 1195, 1269, 1305 HB 915--Perry, create new charter _______________________________ 1025, 1030, 1079, 1110

HB 313-Quitman, provide school tax ----------------------------------

261, 282, 351

HB 1113-Quitman, abolish City Court------------------------------- __1250, 1251

HB 542-Rays City, provide for Mayor and Aldermen 458, 469, 517, 560 HB 445--Rest Haven, create charter _______________ _________ 364, 366, 514, 568, 693

HB 230-Ringgold, provide for elections ____ ----------------- . 230, 260, 300, 325

HB 363-Rome, amend charter _____________ ----------------

379, 381, 514, 563

HB 364-Rome, extend corporate limits ------------------

413, 417, 514, 564

HB 365--Rome, provide salary for City Manager________ .. 379, 381, 443, "181

HB 366-Rome, increase salary of City Commission........ 318, 321, 387, 482

HB 367-Rome, provide retirement system for employees 413, 417, 514, 564

HB 890-Rome, create new charter _______________________________1021, 1028, 1077, 1109

HB 889-Rome, create new charter.------------------------------ 1021, 1028, 1077, 1109

HB 811-Roswell, amend charter _______________

_______ 925, 937, 995, 1017

HB 660-Sardis, taxation, amendments _________ --------------------- 542, 546, 613, 662

HB 911-Sardis, amend charter ------------------------------- ________ 1025, 1030, 1104, 1135

SB 48-Savannah, provide salary for Judges of

Municipal and City Courts -- __

152, 212, 234, 337

SB 49-Savannah, pensions ---- _______ ______________________ ....152, 172, 196, 290, 307

SB 50-Savannah, police and fire departments, pensions ...153, 172, 197, 262

SB 51-Savannah, Airport Commission _____ ... ___________

.153, 172, 197, 262

SB 52-Savannah, Industrial Water Supply Commission.. 153, 172, 197, 262

SB 53-Savannah, Industrial and Domestic Water

Supply Commission ---------------------------------------------------153, 172, 197, 262

SB 54-Savannah, provide salary of Judge, Clerk and

Sheriff of City Court ______

______ 153, 192, 216, 290

SB 68-Savannah, create Savannah-Chatham County Historic

Site and Monument Commission _

....167, 265, 304, 762

SB 88-Savannah, Armstrong College, name changed ____ 277, 298, 324, 462

SB 89-Savannah, create Savannah River Bridge Commission ----------------------------- ____________________________ 278, 2!\8, 324, 462

SB 104-Savannah, volunteer guards ------------------------------------------- ...340, 422, 585 SB 105--Savannah, create Savannah Airport Commission_ _ 340, 385, 585 SB 141-Savannah, revise zoning and planning laws _________ 851, 8~8, 'H'!, J178

SB 144-Savannah, authorize Mayor and Aldermen to
incur additional debt -------------------~---------------851, 888, 912, 1179, 1208 SB 145--Savannah, amend charter __________________________851, 888, 912, 1179, 1208

SB 147-Savannah and Chatham County, election
of voters; referendum . . ----------------------------------------852, 940, 965, 1178 SB 149-Savannah, convey rights of way to Coastal
Highway Districts -------------------------------------------------852, 889, 913, 1179 SB 150-Savannah, authorize re-assessment of

property ------------------------------------------------852, 889, 913, 1179, 1207 SB 151-Savannah, create Municipal Court -----------------------852, 889, 913, 1179

SB 211-Savannah, qualification of voters ----------------------970, 1014, 1038, 1178

INDEX

1521

SB 213-Savannah, provide pensions to heads of departments.______________971, 1014, 1038, 1179, 1385, 1391, 1436, 1458
SB 223-Savannah and Chatham County, provide election for chairman of Board of Education____________________________________ 1046, 1075
HB 156-Savannah, amend charter __________________________________206, 207, 369, 388, 414
HB 432-Savannah, amend charter --------------------------------364, 366, 387, 425, 437 HB 1119-Savannah, compensation for fire and
police departments ----------------------------------------------1291, 1293, 1344, 1415 SR 59-Savannah, establish commissions ________________________853, 980, 1057, 1470 HB 1012-Shellman, create method of election of
Mayor and Council ----------------------------------------------1171, 1183, 1273, 1311 HB 550-Smyrna, create new charter ______________________________________458, 469, 517, 560
HB 101-Soperton, define corporate limits -------------------------------------133, 136, 201 HB 249-Soperton, create City Court ------------------------------------316, 319, 370, 390 HB 1062-Sparks, repeal charter -------------------------------------1166, 1190, 1272, 1310 HB 93-Statesboro, create City Court ________________________________148, 156, 213, 236
HB 96-Statesboro, amend charter ----------------------------------------133, 136, 195, 218 HB 98-Statesboro, provide for salary of Judge
of City Court --------------------------------------------------------------148, 156, 213, 236 HB 689-Stockbridge, amend charter -------------------------------------------------------580, 592 HB 952-Sunny Side, incorporate city ___________________________1214, 1215, 1271, 1308 HB 521-Suwanee, create new charter __________________________________496, 501, 606, 651 HB 255-Sylvania, City Court, amendments _____________________289, 293, 370, 390
HB 444--Sylvester, increase salary of officers of City Court -----------------------------------------------------------------_453, 463, 514, 564
HB 930--Temple, create new charter ------------------------------1169, 1181, 1263, 1306 HB 940--Thunderbolt, extend corporate limits ______________1174, 1198, 1267, 1303 HB 941-Thunderbolt, authorize closing of street_____ 1171, 1184, 1267, 1308 HB 74-Thomasville, incorporate town of_____________________________181, 183, 232, 252
HB 75-Thomasville, amend charter -------------------------------------181, 183, 232, 252 HB 184-Thomasville, provide for public schools_________________ 182, 184, 233, 254 HB 544-Thomasville, extend city limits _______________________________458, 469, 517, 560
HR 147-Thomasville and Thomas County, reconveyance of land _----------------------------------------------------------------1026, 1029, 1104, 1327
HB 774-Thomson, amend charter__________________________________________ 927, 934, 980, 997
HB 461-Toccoa, amend charter __ ------------------------------------------------------------------ 454 HB 908-Toccoa, provide for appointment of
Tax Assessors ------------------------------------------------------1024, 1030, 1079, 1110 HB 225-Trenton, create new charter _______ ----------------------------260, 280, 300, 325 HB 685-Twin City, create commission ----------------------------------- 583, 589, 645, 703 SB 60-Tybee, provide for mayor and councilmen _____________155, 172, 197, 279 HB 221-Valdosta, amend charter ________________________________337, 342, 385, 424, 1319 HB 454-Valdosta, change corporate limits ____________________________453, 464, 514, 565 HB 481-Valdosta, amend charter ______________________________________454, 464, 515, 566 HB 525-Valdosta, provide for school tax ________________________________457, 467, 516, 559 HB 999-Valdosta, extend corporate limits ________1167, 1192, 1312, 1319, 1411 HB 1024-Valdosta, authorize taxes on utilities______________ l167, 1192, 1275, 1309
HB 158-Vidalia, amend charter ------------------------------------------------182, 184, 233, 253 HB 79-Warm Springs, amend charter ________________________________ 132, 135, 174, 200
SB 4-Warrenton, amend charter -------------------------------------- 71, 126, 141, 261 SB 15-Warrenton, amend charter ---------------------------------------- 73, 141, 261, 265 SB 122-Warrenton, extend city limits __________________________________________451, 512, 763
SB 205-Waycross, create pension plan for employees______929, 979, 995, 1178 HB 644-Waycross, registration of voters, amendments____498, 503, 612, 660
HB 90--Waynesboro, amend charter --------------------------------------148, 156, 213, 235

1522

INDEX

HB 92-Waynesboro, incorporate town of ___________________________132, 136, 174, 200 HB 385-Waynesboro, provide for fees for clerks_________________335, 347, 387, 482 HB 386-Waynesboro, change salary of Judge
and Solicitor --------------------------------------------------335, 347, 423, 446 HB 698-Winterville, provide maintenance of public works 581, 590, 646, 702 HB 523-Wrightsville, create City Court ______ ------------------------------------1022, 1033
Murphy, Marion
HR 142-Compensate ---------------------------------------------------------1164, 1188, 1264, 1429
Museum, State
HB 1078-Create division of the office of Secretary of State -----------------------------------------------------1172, 1184, 1298, 1398
SB 186-Create department ------------------------------------------------------------------ 884, 940 SB 227-Create a division of office of Secretary of State__________________________ 1047

N
Narcotics SB 202-Who shall administer------------------------------------------------ _____ 909, 1037, 1276 HB 932-Who shall administer --------------------------------------------------1249, 1253, 1342
Naturopathic Examiners Board SB 77-Regulate and define practice ------------------------------------------------------------ 244 HB 600-Provide qualifications ____ 1045, 1047, 1113, 1134, 1245, 1276, 1289, 1390, 1449
Naval Stores SR 51-Naval stores, amendments ------------------------------------------------------------------ 850 SR -Gum naval stores__________________ ------------------------------------------------------------ _1331
Nix, Mrs. Earl Roger HB 229-Compensate --------------------------------------------------------------968, 972, 1262, 1442
Non-Profit Medical Service Act HB 115-Amend -------------------------------------------------------------578, 687, 1103, 1280, 1449
Notaries, Public HB 78-Amend Act -----------------------------------------------206, 207, 324, 351, 373, 437
Nursing SB 194-Practical, provide for qualifications ___________________________ 908, 1037, 1278

0

Officials, State (See Employees)

SB 35-Mileage paid to officers and employees of

various departments ------------------------------------------------- __ 122, 265, 310, 630

SB 82-Loyalty oaths ------------------------------------------------------259, 298, 372, 692, 727 SR S--Election State officials on county unit basis __________ 73, 91, 110, 175

SR 10-Conference with Senators, department heads _____ ____ ___

73

INDEX

1523

SR 27-Approve payment of officers of Governor's office__________ 214, 250, 309 HB 727-Provide for nomination by political
parties ----------------------------------------------------------- 924, 932, 994, 1059, 1091
Old Age Assistance Act
HB 846---Amend ------------------------------------------------------------------1249, 1252, 1342, 14:~:!
Organization, Senate
Oath of office, 1949 ------------------------------------------------------------------------------------------ ___ 48, 63 Elect Secretary ------------------------------------------------------------------------------------ _______________ 48 Elect President pro tempore ----------------------------------------------------------------------------- ______ 49 Elect doorkeeper ------------------------------------------------:---------------------------------------- ___ _________ 49 Elect messenger ---------------------------------------------------------------------------------------- ____________ 49 SR 1-Adopt rules ------------------------------------------------------------------------------------------- 48 SR 2-Notify House Senate organized SR 3--Joint Committee notify Governor ------------------------------------------.48-52, 49 SR 4-Appoint attaches of Senate --------------------------------------------------------------- 49 SR 11-Amend rules of Senate---------------------------------------------------------------------- 77
Ordinaries
SB 196---Fix fees ----------------------------------------------------------------------908, 979, 1004, 1332 HB 161-Disqualifies proceeding _____________ -----------------------------------------331, 341, 423 HB 634-Fix salaries in certain counties________________________580, 591, 644, 704, 725 HB 780-Change from fees to salaries -----------------------------------926, 9:36, 981, 999 HB 1042-Clerks, Tax Receiver and Ordinary's office,
increase number in certain counties ________________1170, 1181, 1273, 1409 HB 1108-0rdinary's salary, fix, in certain counties......1249, 1251, 1343, 1413
Osborn, Mrs. Stellanova B.
HR 213-Gift of property to State______________________________________________ --------------------1169

p

Pardon and Parole Board
HB 724-Parolees, compact with States ___________________________956, 959, 1057, 1479
::r.: 401-Probation system, establish ___________________ ________ ______ 1022, 1032, 1134
Pa1 !{s, State and County
SR 13-Pine Mountain Park, authorize Governor to transfer lands from --------------------------------------------------- 78, 127, 145, 229
SR 68-Pine Mountain Park, authorize execution of easement on certain lands in Harris County______874, 911, 1018, 1333
HB 105-Pine Mountain Park, convey portion of land to Cason J. Callaway____________________________________________________149, 157, 213, 242
HR 154-Memorial State Park (Georgia Veterans), official name ______________ ------------------------------------1026, 1030, 1105, 1158
HR 168-Allatoona Dam, provide recreational area....1212, 1217, 1266, 1320 HR 210-Allatoona Dam, Department of Parks to provide
recreational area ----------------------------------------------1250, 1251, 1408, 1474 HB 337-County parks, acquire in certain counties _________ 333, 345, 479, 521 HB 604--Jekyll Island State Park
Authority, create ------------- _ ............. 584, 595, 644, 1228, 1276, 1333

1524

INDEX

HD 961-Hard Labor Creek Park, easements to Board of Regents authorized ________________________________________1249, 1253, 1298, 1442

Peace Officers

SB 220-Provide identification on motor vehicles_______________________

989

HB 273-Retirement and pension fund, provide _______923, 931, 993, 1062, 1069

HB 329-Court attendance, compensation for_________________________ _______ 585, 647

Petroleum Gases SB 18-Regulate use and sale of SB 20-Regulate for use in safety equipment___________________________ 104, 639, 869

Petition Lewis L. Perry, claim for Senate seat___________________________________________ 29, 30, 35, 36

Pheasants HB 760--Allow sale of ____ _

--- --- --------------------------1045, 1048, 1134, 1321

Photostats and Photostatic Recording Evidence
SB 195-Reproductions, admissible as evidence ___________ _________ _908, 964, 100-i HB 323-Microfilming of public records in certain counties ____ 496, 500, 608 HB 413-Provide in certain counties --------------------------------------- 336, 348, 479, 520 HB 826--Equipment, authorize use of in counties_______________________ 957, 960, 1013 HB 827-Equipment, use in certain counties____________________1023, 1031, 1076, 1107 HB 837-Reproductions, use as evidence _______________________________ 957, 960, 995, 1018
HB 862-Instruments, effecting title to lands_______________1121, 1125, 1226, 1461 HB 864-0rdinaries, recordings by ___________________________________llln, 1125, 1226, 1461

Physical Therapy Technicians

SB 84-Technicians, provide license _____ ___________________________

259

Pistol License SB 175-Procure license from Ordinary ____ ----------------------------------872, 963, 1114

Planning Laws HB 611-In certain counties

------- __________________460, 472, 519, 555

Plumbing and Heating SB 233-Board, create and regulate ______

---------------------------------------------------1098

Pollution
HR 7-0cmulgee River, control in ------------------------------------------------------------- 20 HR 10-59d-Chattooga River, investigate
pollution in ____________ ------------------------------------- 148, 159, 214, 257, 304 HR 80-540a-Committee to study ____ ____ _____________________________582, 594, 647, 745

Poultry SB 182-Provide for control of pollorum

883, 963

Ports Authority, State

SB 55--Amend Act --------------------- -------- _____________________153, 192, 224, 414, 415

SR 21-Authorizing General Assembly to incur

bonded indebtedness for docks _ ___________________ _

.154, 192, 224

HR 64-Furnish information for ________________ ----------------- _______ --------- 337' 349

Primaries (See Election and Election Laws)

INDEX

1525

Privileged Resolutions

Congratulate Senator and Mrs. Gerald Saunders________________________ _________________ ___ 77

Thank Chamber of Commerce _____________________________________________ ---------------------------------- 92

Robert E. Lee's Birthday__________________________ --------------------------------------------------------- 129

Invite Lyall Beggs to address Senate_____________ -------------------------

137

Congratulate Lyall T. Beggs______________

____________________________________________________ 276

Death of Senator Daniel's sister____________________________________________ -------------------------- 147

Wishing Senator Sam T. Wright speedy recovery

__________________________ 275

Thank Miss Angie McClaridy for singing______

________________ ________________________ 363

Thanks to Mr. Fortson and Mr. Burton_______________ _______ ------------------------------------ 363
Lee Purdom ------------------------------------------------------------------------------------------------------------- 627 Buckhead Century Club ____________________________ --------------------------------------------------------- 647
Dr. Loren Gary, sympathy _________ ----------------------------------- -------------------------------------- 647 Senator Newton, sympathy _____________ ---------------------------------- __________ _---------------------- 831 Thank Southern Bell Telephone Co.____ _________________________ __________ _______________________1330

Proclamation

Acting Governor M. E. Thompson, extraordinary session Sept. 1948____________ 6

Governor Herman Talmadge, concerning emergency revenue

measures, extraordinary session, July 1949______ _______________ __

771

Public Contractors HB 322-Bond

-- -------- ------------------ ----- - - 923, 931, 1012, 1093, 1449

Public Defense SB 120-Reorganize military forces ______________ ------------------------- 417, 512, 574, 762

Public Property

SR 47-Provide for inspection ------------------------------

--------------------- 766

Pu-blic Safety, Department of

SB 7-Retirement system established ___________________________ ---------------------- 72

HB 4-Retirement system established ________ .121, 123, 140, 163, 164, 175

HB 7-Salaries of officers --------------------------------------- ___________ 121, 123, 172, 201

HB 15-Veterans free driver's

licenses __________________________ 121, 123, 173, 202, 270, 276, 290, 437, 488

HB 168-Employees under merit system_____

___166, 169, 300, 489

HB 374-Georgia Bureau of Investigation, qualification

of agents _____________ ------------------------------------------- ....335, 346, 386, 444, 450

HB 726-Extend powers ___________________

_________ 956, 959, 1037, 1115

HB 729-Pay of incumbents, provide . ________________ . __ __ 969, 972, 1075

Public Officers
SB 2-Commissions and bonds ___ SR 23-Qualifications of ______

-- --- 71, 78, 92, 229 -- --------------------- 168

Public Service Commission

SB 165-Issuance of permits

__ . __ ____ _________ _ _ ___ ____________870, 1074

HB 143-Employees included under merit system ___ __ _586, 596, 641, 759

HB 745-Enlarge powers __________________________________________________ 1045, 1048, 1104, 1201

HB 907-Associate Commissioner, create office ___________ 1249, 1252, 1297, 1440

Publications (See Advertising) SB 99-Prohibit circulation regarding spirituous liquors .....318, 551, 604

1526

INDEX

Purchases, Supervisor of (Purchasing Department) SR 13-Buy items made by Factory for Blind (Extra Session 1949) ------------------------------------------------------------------833, 837 SB 197-Raise salary of --------------------------------------------------------908, 939, 1018, 1478 SB 198--Employees included under merit system --------------------------------------------------908, 939, 1019, 1041, 1404 SB 240--Requisitions, regulate ----------------------------------------1123, 1223, 1278, 1448 HB 167-Mileage for State officials, fix rate of_______ 955, 958, 1077, 1321, 1450
R
Racing SB 93-Commission, create --------------------------------------------------------------291, 323, 412
Radio Broadcasting Stations SB SO--Liability ----------------------------------------------------------------------244, 298, 372, 691
Railroad Crossings HB 933-Grade Crossing Elimination Act, amend_________________________________________________ l046, 1048, 1200, 1443, 1456, 1463
Real Estate SB 225-Brokers, issue licenses ___________________________ 1046, 1075, 1202, 1405, 1409 SB 90-Qualifications for membership in Real Estate Commission ----------------------------------- 278, 298, 372, 378, 486, 630
Reckless Driving (See Speed Laws)
Regents, Board of (See University System) SB 172-Define eligibility of members ----------------------------------- _______ _ __ 871 HR 12-62a-Set up State owned hospital -----------------------------259, 282, 323, 752
Rent Control SB 199-Declare unnecessary ------------------------------------------------------ -- 909, 950, 1040
Reports, Standing Committee (See Committees)
Re-Registration Voters Act (See Voters)
Retirement System (See named departments) HB 867-Amendments -------------------------------------- _____ 1120, 1124, 1225, 1433, 1462
Revenue Certificate Law (See Taxation) SB 146-Amendments -----------------------------------------------------------852, 993, 1018, 1332 HB 210--Amendments _____________ --------------------------------------------228, 230, 300, 677 HB 973-Amendments __________ -------------------------------------------1172, 1185, 1272, 1462
Revenue, Department of HB !-Commissioner, non-political activities ____________________113, 115, 127, 141 HB 700--Records, destruction of useless ---------------------------------581, 592, 646, 952 HB 882-Employees included under merit system ______ 1120, 1124, 1223, 1440

INDEX

1527

s

Safety Fire Commissioner Act SB 230-Subsistence, provide ------------------------------------------------------- _________________ .1069 HB 86-Commissioner, create office _____________________________395, 418, 552, 675, 694 HB 926--Amendments -----------------------------------------------------1121, 1125, 1224, 1441
Sanitary Board (See Livestock)
Sanity HB 330-Restoration to--------------------------------------------------------------------- 333, 344, 478
Savannah River Toll Bridge SB 152-Coastal Highway District to construct_____________ 852, 993, 1015, 1332

School Buses and School Bus Drivers
HB 406-Insurance ---------------------------------------------------------------------583, 592, 642, 766 HB 686--Contracts, establish --------------------------------------------------- ____________ 1120, 1123

Schools and School Laws SB 203-Attendance of children ----------------------------------------------929, 957, 979, 1001
Scott, T. A. HR 151-Deed land in Charlton County ----------------------- 1026, 1029, 1105, 1401

Secretary of State HB 97-Securities laws, clerical help for ______________________________ 166, 169, 299, 328

Segregation SB 132-In public pools and amusement parks_____________________________________________ 500 SB 133-In athletics ---------------------------------------------------------------------------------------------- 500

Sellars, Mrs. H. R. HR 174-Compensate for damages ------------------------------ __ 1122, 1126, 1266, 1479

Sheriffs
HB 551-Compensation in certain counties ___________________________458, 469, 517, 561 HB 1126-Increase salary in certain counties__________________1334, 1335, 1407, 1451

Simmone, A. C. HR 123-Compensate ------------------------------------------- ______________________ 1026, 1029, 1223

Smith, Clarence HR 53-291d-Compensate ------------------------------------------------------- 412, 418, 519, 626

Sodomy HB 44-Punishment for -----------------------------------------------------------121, 124, 194, 241

Solicitor General
SB 21-Emeritus, create office _____________________________ 104, 126, 143, 413, 414, 436 SB 155-Emeritus, create office -------------------------------------------854, 993, 1019, 1332 SB 177-Emeritus, retirement ------------------------------------------------872, 890, 943, 1332

1528

INDEX

Speed Laws SB 206-Speed, reckless driving, restrict______________ 929, 979, 1006, 1470, 1471 HR 175-Speed traps, prohibit -------------------------------------------------1250, 1253, 1298 HB 931-Reckless driving, prohibit _________________________________ 1249, 1253, 1297, 1469
State Property SB 136-State to control ---------------------------------------------------------------- 587, 640, 1201 HB 813-Lease property in Chattanooga _______________________1120, 1124, 1225, 1441
Sureties on Bonds HR 107-Tom Foster, relieve --------------------------------------------------------------------631, 665 HR 30-171C-T. K. Davitte and E. E. Washburn, relieve__586, 596, 646, 702 HB 326-Require one ----------------------------------------------------------------918, 930, 982, 1441

T

Tax Assessors, County Boards of

SB 42-Change compensation ------------------------------------------------------------------------- 151

Tax Revision Committee

SR 63-Dissolve ------------------------------------------------------------------------------------------873, 911 SR 69-Continue ---------------------------------------------------------------------------------------------- 892 HR 17-Reports (Extra Session, 1949) -------------------------------------------------833, 834 HR 92-Continue ------------------------------------------------------------- 436, 438, 641, 744, 764

Tax and Tax Laws (See Malt Beverages), (Cigarettes), (Alcoholic Beverages)

SB 26-Whiskey and malt beverages ----------------------------------------------------------- 114
SB 44-Cigarettes -------------------------------------------------------------------152, 275, 297, 377 SR 86-Gift and inheritance -------------------------------------------------------------------------1008 SB 116-Alcoholic beverages --------------------------------------------------365, 552, 605, 1329 SB 148-0ysters ------------------------------------------------------------------------------------------ 852, 911 SB 153-Motor fuel, used for agricultural purposes_________________854, 911, 1001
HR 40-208b-Additional services; referendum ____________________435, 438, 555, 730

SB 234-Cigarettes, repeal Act -----------------------------------------------------1098, 1133, 1278 SB 235-Cigars and cigarettes, reduce discounts________________________________ 1098, 1133 SB 244-Tax executions, interest, rates _______________________1214, 1261, 1299, 1448 HB 1-Malt beverages (Extra Session 1949) ____________791, 792, 793, 797, 833

HB 2-Cigars and cigarettes (Extra Session 1949) ________________ 793, 794, 795, 822, 823, 832, 835, 836, 839

HB 3-lncome tax, amendments (Extra Session 1949) ____797, 821, 829, 833

HB 4-Motor fuel tax laws, amend________________________________________820, 821, 826, 845

HB 107-Motor fuel tax laws _______

____________________ 227, 229, 351, 376

HB 172-Motor fuel tax law, amend ____ _________________ _______ _____ 380, 381, 552, 879

HB 180-Notes receivable _______ __ __________

__ .435, 438, 513, 620

HB 219-Unfair cigarette sales act ____ --------------------------------------332, 342, 442, 492 HB 274-Intangible personal property ______________________________ 579, 588, 641, 1005

HB 275-Income taxes, exemptions _ ------------------------------584, 592, 641, 1005 HB 286-Deductions, veterans ____ _ ____________________ .579, 588, 642, 882, 893
HB 410-0ccupational, licenses ____________________________________________ 336, 348, 479, 520

HB 470-Deeds, prescription ------------------------------- _ ___ _436, 438, 553, 674, 693 HB 490-Assessments, certain counties ________________________________.455, 465, 608, 650

HB 513-Intangible property ----------------------------------------------------------------------580, 590

HB 731-Nuisance tax, eliminate _____ ________ __________ _______

_1248, 1252, 1342

INDEX

1529

HB 734-Excise tax, oleomargarine -----------------------------------------------------------956, 959 HB 1022-Ad valorem tax rate, certain counties____1174, 1198, 1273, 1400, 1449

Teacher Retirement System
SB 94-Extend time __________________ -------------------------------------------------------291, 421, 577 HB 475-State supported schools --------------------------------------------- 579, 589, 643, 761 HB 493-70 years of age ----------------------------------------------------------580, 590, 643, 942 HB 507-Amendments ---------------------------------------------------__413, 418, 516, 677, 693 HB 508-Pensions, organize and operate______________________________413, 418, 516, 676 HB 935-Amendments --------------------------------------------------------1213, 1216, 1270, 1323

Teachers (See Education, Retirement and Pensions)

Telephone Systems SB 192-Rural telephone co-operatives ------------------907, 1103, 1140, 1405, 1407

Temperance HB 706-Encourage growing of grapes __________________________________ 583, 593, 646, 764

Tennanbaum, Nathan SR 52-Reimburse ----------------------------------------------------------------------- 852, 891, 1064
Tile Contractors SB 191-State Board of Examiners, provide_______________________________ 907, 978, 1064

Trade Marks HB 77-Amendments ------------------------------------------------227, 229, 299, 327, 437

Traffic Violations

SR 37-Committee to confer with Atlanta Chief of Police ___

47 4

HB 395-Trials, in certain counties -----------------------------------------.453, 463, 552, 648 HB 928-Trials in certain counties _________________________________1169, 1181, 1270, 1312

Trusts and Trust Funds HB 674-Legal estates -------------------------------------------------------------918, 929, 981, 1439

Tuberculosis
HB 884-Payments to cities and counties for care of patients --------------------------------------------------- 1213, 1215, 1342, 1441

Turnpike Authority SB 156-Create

854, 993, 1205

u

Unemployment Compensation Act HB 436-Amendments ------------------------------------------------ 586, 596, 643, 943, 1027
Uniform Insurers Liquidation Act HB 317-Adopt ---------------------------------------------------------------------------541, 545, 607, 756
Uniform Partnership Act SB 137-Provisions for -----------------------------------------------------850, 888

1530

INDEX

United States Government SB 179-Jurisdiction over lands acquired -------------- ------------------------ 872, 911, 954
University System
SR 97-Athletic associations; corporation ------------------------------------------------------1250 SR 98-Georgia Tech, University of Georgia; dry cleaning______________________1251 HR 49-Athletic associations, not State agencies__________________________178, 179, 220 HR 63-Thank for barbecue -------------------------------------------------------------------279, 282 HR 172-Retain control of junior colleges ----------------------------------------------970, 974 HR 224-Board of Regents; request housing units -------------------------------------1334 HB 562-Building Authority, establish -------------------------------------------.496, 554, 676
v

Veterinary Examiners, Georgia Board of
SB 85-Create __________________ -----------------------------------------------------------------277, 421, 575 HB 482-Create ---------------------------------------------------------------918, 931, 982, 1323, 1450
Veterans (See Taxes, Parks, and Public Safety, Department of)
SR 9-Bar examination -------------------------------------------------------------- 73, 91, 119, 630 HB 10-Educational Council, create --------------------------------------206, 207, 266, 327 SB 70-Income tax ----------------------------------------------------------168, 212, 240, 255, 630 SR 101-Dublin, Veterans Administration hospital; request
Congress to properly staff ------------------------------------------------------------------1331 SR 25-Allocation of cotton and wheat acreage____________________________________ 198, 250 HR 54-Allocation of cotton and wheat acreage___________________________________206, 214 HB 484-Confederate veterans, increase pensions
of widows -------------------------------------------------------------------583, 593, 643, 756 HB 485-Pensions for widows, provide --------------------------------924, 931, 993, 1401
HB 883-State Parks Director, erect monuments to____1021, 1028, 1104, 1158
Voters Registration and Voters Registration Act
SB 160-Qualification ------------------------------------------------------------------------- 855, 889, 914 SB 168-Postpone date to General Election
of 1952 ----------------------------------------------------------- 871, 890, 914, 1069, 1094 SB 176-Revision, complete -------------------------------------------------------------------- ___ 872, 890 HB 2-Qualification
of voters ------------------ 181, 183, 299, 352, 362, 395, 428, 493, 681, 752 HB 975-Amendments --------------------------------------------------------------------------- 1290, 1292
Voting Machines
HB 294-Certain counties -------------------------------------------------------332, 343, 607, 648 HB 606-Certain counties __ -----------------------------------------------------.460, 472, 519, 563
w

Welfare Laws (See Welfare Department)
Welfare Department SR 70-Extend powers ------------------------------------------------------------- 885, 988
HB 845-Assistance to aged ----------------------------------------- 1045, 1048, 1104, 1443

INDEX

1531

Western & Atlantic Railroad -Commission HB 728-Create ---------------------------------- 1120, 1124, 1225, 1382 1403, 1452, 1463
Willis, Mrs. S. T. HR 96-688a-Compensate ______ ---------------------------------------1332, 1335, 1408, 1477
Wills (See Banks and Banking)
Witness Fees HB 328-Apply in certain counties--------------------------------------------541, 545, 642, 724
Workmen's Compensation Law and State Board of Workmen's Compensation
SB lOt-Amendments -------------------------------------------------------------------------------------- 338 HB 220-Amendments ----------------------------------------------------------------586, 596, 641, 761 HB 262--Reports --------------------------------------------------------------------------------------------261, 281 HB 361-Compensation of chairman and members
of Board ------------------------------------------------------------------- 968, 972, 993, 1064 HB 512-Amendments ---------------------- _____ ------------------------------------924, 932, 1341 HB 695-Amendments --------------------------------------------------------1248, 1252, 1297, 1473 HB 969-Pensions, county taxes, etc. ----------------------------------------- 1175, 1194, 1377
z
Zoning HB 453-Amendments ---------------------------------------------------------------579, 588, 643, 761 HB 464-Certain countie~ ______ ----------------------------------- _______________________________454, 565

Part II
HOUSE RESOLUTIONS IN SENATE EXTRAORDINARY SESSION SEPT., 1948
HR 7-Pollution Ocmulgee River ------------------------------------------------------------- 20
SENATE RESOLUTIONS IN SENATE EXTRAORDINARY SESSION OCT., 1948
SR 4-Building and Safety Moratorium------------------------------------------------- 31, 37
SENATE RESOLUTIONS EXTRAORDINARY SESSION, JULY, 1949
SR 1-Notify House Senate has organized_______________________________________________ 774 SR 2--Notify Governor that House and Senate has convened________774, 775 SR 3-Message from Governor. Joint Session ---------------------------------774, 776 SR 4-Compensation for employees and attaches of Senate____________________ 776 SR ~Dr. Loren Gary, pay tribute_,____________________________________________________ 774 SR 6-James E. Padgett, pay tribute------------------------------------------------------ 775

1532

INDEX

SR 7-Finance Committee, investigate fraud charges made

by Attorney General ---------------------------------------------------------------------------- 776

SR 8-Honorable Jeff Barnes, thanks --------------------------------------------------------- 792

SR 9-Rules, continue same as regular session________ --------------------------------- 794

SR 10-Budget Bureau, transfer funds to meet

emergency needs ----------------------------------------------------------------------------794, 796

SR 11-Atlanta Baseball Club, thanks---------------------------------------------------------- 827

SR 12-M. L. St. John, thanks________ --------------------------------------------------------------- 827

SR 13-State Purchasing Department, requisition to buy items

made by Factory for Blind ____ -------------------------------- _____________ .827, 833

SR 14-Finance Committee, investigate a fraud ________________ ______ _______ _ 836

SR 15-John J. Flynt, pay tribute____ ___ __________ ___ __ ________

... 836

SR 16-Compensation for attaches of Senate______

836

HOUSE RESOLUTIONS IN SENATE EXTRAORDINARY SESSION JULY, 1949

HR !-Notify Senate House has convened _

777

HR 2-Notify Governor House has convened, Extra Session_

777

HR 3-Message from Governor . ______ __ ___ _ ____ __ _____ ____

777

HR 17-Tax Revision Committee, make report____ ____

_____________833, 834

HR 24-Notify Governor ready to adjourn sine die____

846

HR 26-Notify Senate House ready to adjourn sine die

846

SENATE RESOLUTIONS REGULAR SESSION 1949-1950

SR 1-Adopt rules for Senate SR 2-Notify House Senate organized _ SR 3-Joint committee notify Governor __ SR 4-Appoint attaches of Senate _ _ ----------------------------SR 5-Joint session_____________ _____ ______ __ _

__ 48 48
__48-52, 49 49
50-52

SR 6-Election State officials on county unit basis. Amendment to Constitution__________________________ 73, 91, 110, 175, 364
SR 7-The Brantley Memorial Highway, designate ________________ 91, 110, 630
SR 8-Amendment to Constitution. Consolidate governments. Atlanta and Fulton_________________ -------------------------------------------- 73, 91, 110
SR 9-Veterans bar examination------------------------------------------ ___ 73, 91, 119, 630 SR tO-Department heads. Conference with Senators__________________ ________ ____ 73

SR 11-Amend rules of Senate ------------------------------------------------------------ _____ 77
SR 12-Joint session --------------------------------- _------------------------------------------------ 77, 86 SR 13---Authorize Governor to transfer lands from
Pine Mt. Park-------------------------------------------------------------- 78, 127, 145, 229 SR 14-Joint Comm. to inauguration of U. S. President ____ --------------------86, 89 SR 15--To provide emergency Comm. on forest fires ___________ ---------------------- 89 SR 16-Members of Congress, commend (Civil Rights program) ____________ 105
SR 17-Petitioning Congress to maintain a floor on farm products__l28, 151 SR 18-County Boards of Education, incur loans________________l34, 232, 311, 763 SR 19-Commending Tom Linder ________________________________________________:___________________ 137

SR 20-Atlanta Journal, thank ----------------------------------------------------------------137, 250

INDEX

1533

SR 21-Amend Constitution

SR 22-National Guard ~~~~~~- ---~-~---~~~~~~~-~~--~~~-~~~~--~~~-~~~~~~~~~~~~--~~~~~~~~~~~~~~~-~~~~198, 250

SR 23-Amend Constitution. Persons eligible for public office.~~--~~~~~~~~~~~ 168

SR 24-Chatham County, State Librarian to furnish law books

to Clerk of Superior Court~~~~~------~~---------~-~-~~~-~~~----~~-168, 298, 324, 1178 SR 25-Veterans, allocation cotton and wheat acreage----~--~~~~--~~~~~--~-~198, 250 SR 26-State employees, pay for services.~----~~--~~------~--~~~----~--~~~~-198, 250, 308
SR 27-Governor, pay salaries to employees for 67 days -~-~~-~~-214, 250, 309

SR 28--State employees, pay for 67 days -------------~-- __ ~~-----~-~~~~-239, 250, 309

SR 29-Adjournment for parade ~~~- _____ -----~--~--~~-~~~-~-----~~~---~~-~~~~~- ~-~-~~~-~~-- 239

Slt 30-Governor Talmadge. Thanks for entertainment~~---------~~~--~~-273, 279

SR 31-Senators, present .bills to committee ----------~~--~--~~-~~--------~~~------

277

SR 32-Thomas County, pay funeral expenses of

pupil killed --~-~--~----- -~-~--~~~-~- ~----------- -~----~----~~~~--~~ 278, 298, 327, 630 SR 33-State Highway Board, create -------------------------~--~----~---~--292, 323, 1039 SR 34-Amendment to Constitution. Supreme Court..~---------~~--339, 421, 573
SR 35-Federal Wage and Hour Laws.~--~-----~~--------~~-- --~~---~~~-------339, 385, 474 SR 36-Doug Puryear Highway, designate ~~~~~--,~--~~-~~-~----339, 640, 746, 1008

SR 37-Traffic problem, appoint committee to arrange

conference with Atlanta Chief of Police..~-~~~~~--~~~---~---~--~~~~---~~-~~~~~~~- 474 SR 38--General Assembly, provide conference rooms~~~~~~~~~-~~~---~~~~~-~~~~~~~~~ 493 SR 39-General Assembly, when to adjourn and reconvene-~~~~~~~~~~~~~~_495, 764 SR 40-Earle Cocke, Jr., commend -----~- _____ -~---------~-~-~---~~~-~~~~--~~~-~~~~---~~_495, 695

SR 41-Eugene Talmadge Memorial Commission, place 25

carillonic bells in dome of CapitoL__ ----~~-~---~~---~- ~~~--~~~~--~~~-~~~-~~~-~-~- 495

SR 42-Camp Stewart, request reactivation _-~-- ~~--~~-------~~-~~~~~-~~~-~~~~~-~-~~~--- 695 SR 43-Commission to revise insurance laws ____~~~~~-~-~---------~-~~-~-~~~~~~--~~~626, 692 SR 44-Trucks hauling produce between States---~ ---~-~-~- -~~~~~~~-~~~--~~~665, 695

SR 45-Authorizing pay certain employees Senate, etc. ---~-~~~~~~---~~~~~~~~~--~~ 752

SR 46-Per diem President pro tempore ~-~-------~~~--

__ --~--~---~~--~-~~-~~~~~- 752

SR 47-Public property, provide for inspection---~----------~~----~~~-~~~~--~~~~~~--- 766

SR 48--Notify Governor Senate has reconvened_~-- _---~~~---~~~~~---~-~-~~~~~~~~~---~~ 850

SR 49-Joint Session, address from Governor___~~-~--~------~-~--~--~-~~~-~~~~~-~~----~--- 850

SR 50-Appoint committee to escort Governor to House~----~~~---~-~~~~~~ 850

SR 51-Secretary of Agriculture, regarding naval stores~~~-~-~~-~~~-~~~~~~~-~~ 850

SR 52-Nathan Tennenbaum, reimburse -~~---- --~~~~---~---~--~-- -----~-852, 891, 1064

SR 53-Chatham County, authorize to issue bonds

for schools ~-~-

-----~~~----~--~~------- ~~--------- ~~----------853, 979, 1049, 1405

SR 54-State Highway Commission, create ~~----~-~~~~--~~~~-~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~ 853

SR 55-Chatham County, authorize additional

education tax ~~---- _____

--~-~-------~~------ __ -----~--853, 979, 1054, 1405

SR 56-Talmadge Drive, reopen at Farmers MarkeL~--~ ---~-~--~~~~~~~~~~-853, 939

SR 57-Chatham County, create industrial

areas, amend ~--~-~

-~--~~-~- -----~-----~-~-~-~----~~-~~~-~--~~-853, 979, 1051, 1405

SR 58--General Assembly, prohibit from levying any ad

valorem taxes until 1951 . ____ ~----- _______ --~~~-----~~-----~------853, 1014, 1065

SR 59-Savannah, establish commissions ~~~-~~--~~~~~~~~~~-~~~~-853, 980, 1057, 1470

SR 60-General Assembly, express intent and purpose in

adjourning ____ -----~------- ~---------~--~-~~~-~~-----~--~~~~~~--~~~--~~---~----~-~~-~~~-- ~869, 929

SR 61-Jenkins County, lease land to U. S. Dept.

of Interior ~~~~~- ~~-~~--~~-~~~~~~-~-~~----~-~~~~~~~-~~-~---~-~~~~~~-~~-~~-873, 890, 914, 1008 SR 62-Governor, election, etc. -~~--~---~-~~~--~~~-~~~----~~~~~~~~~~~~~~~~~~~~~~-~~~-~~~~~~~~873, 1014

SR 63-Tax Pension Committee, committee to be dissolved.~~~-~~~~~~~-~~-873, 911

SR 64-Ben W. Fortson, commend for providing sound system~~~~~~~~~~~~~~-~ 869

1534

INDEX

SR 65-Secretary of State, send copies of printed laws

to lawyers --------------------------------------------------------------------------------------873, 914
SR 66-DeKalb County, Governor to dispose of certain land ____________ _____________ ______ ---------------- ______873, 891, 1065, 1404

SR 67-"Humber" Resolution, rescind _________________ 873, 1075, 1158, 1161
SR 68-Pine Mt. Park, authorize execution of easements on certain lands in Harris County________________________874, 911, 1018, 1333

SR 69-Tax Revision, request of House of Representatives

892

SR 70-State Board of Public Welfare, Social Security _ __ ____ _ 885, 988

SR 71-Legislation, advertising in newspapers ______________ 908, 988, 1015, 1041

SR 72-Robert E. Lee, pay tribute (Birthday)____ _________________

911

SR 73-Buckhead Century Club, thank for entertainment________ 911; 1180

SR 74SR 75-Senator Smith, commend ______________________________________________________941, 1180

SR 76---William Carey Barker, invited to address Senate_

964

SR 77-Wylie Galloway, express sympathy to family_____________________________ 964

SR 78-Eastern Judicial Circuit, Judges pro

hac vice _

_ _________________________ ___________ 971, 1133, 1206, 1470

SR 79-State Senate, vote on bills pertaining to all the people first ___ 972 SR SO-Insurance Commissioner, extend powers___ _ _____ 972, 1103, 1279

SR 81-James F. Byrnes, invited to address Joint Session

.988, 1180

SR 82-Carl J. Ayers, extend sympathy

989

SR 83-Farmers Market, provide bheds for local farmers_

984

SR 84-Rev. J. F. Cluney, reimburse____

__ .989, 1075, 1324

SR 85-Senator Purdom, thanks for dinner __ ___ ___ _______

989

SR 86-Taxes, increase inheritance and gift, to maximum

rate of 25 'ir

--1008

SR 87-Senate President, provide additional pe.<sonnel

1008

SR 88-Henry Mack, reimburse .

- 1047, 1133

SR 89-Lt. Governor, incr-ease salary of

-- 1070, 1138

SR 90-President of Senate, preserve quiet in Senate_

1094

SR 91-General Assembly, provide additional representatives

in certain counties

_______________ _

1098

SR 92-Academy for Colored Blind in Macon, authorize

sale of____

__________ ___

_____________________1098, 1133, 1279

SR 93-Rev. Billy Graham, invited to address joint session_ __ 1115, 1180

SR 94-Sympathy to Senator Knox Gholston

___ 1201

SR 95-Hold over________________________ __

------------------------------- _________________ 1201

SR 96-Senate Chamber, let contract for expanding _________________1217, 1248

SR 97-Athletic association, Ga. Tech and Univ. of Ga., declared

a corporation ________ __ ____ ___ ___ _____

________________________ 1250

SR 98-Ga. Tech and Univ. of Ga. cease operating dry cleaning plant_ 1251

SR 99-lngrid Bergman and Rosselini, request State censorship

of pictures ______

________ ---------------------

.1381

SR 100-Charles Redwine, commend ----------------------------------- ______

-- .... 1331

SR 101-Veterans Administration Hospital, Dublin, request Cong1ess to properly staff ___________________________________________________________ 1331

SR 102-President Senate, express appreciation _______ ____ __________________________ 1331

SR 103-Senator W. R. McCoy, thanks------------------------------- __________________________1331

SR 104-Gum naval stores _

________________ ___________ _____________ ... 1331

SR 105-Senator Rowland, thanks --------------- ------------------------------------------------- 1407

SR 106-Adjournment, postpone time of

__________________ 1454, 1458, 1460

SR 107-Walter Harrison, express appreciation to_____________

... 1454

SR 108-Soil Conservation District Supervisors, welcome

1469

SR 109-Adjournment, notify Governor ___ _ ________ ___

1482

INDEX

1535

Part III

HOUSE RESOLUTIONS IN SENATE

REGULAR SESSION

1949-1950

HH 9-59c-Compact between States ________________ _______________ 121, 124, 174, 204

HR 10-59d-Pollution, Chattooga River _____________________ 148, 159, 214, 257, 304

HR 12-62a-Set up State-owned hospital at University of

Georgia Medical School ______________ __________

.259, 282, 323, 752

HR 19-100a-Agreements concerning highway

rights ______ _____ _____

_ ______________________149, 159, 266, 314, 414

HR 23-139b-Compensate Mrs. Olivia Glass _______________ 918, 930, 1266, 1477

HR 28-171a-Create Forest Fire Emergency Committee _______ 282, 301, 448

HR 30-171c-Relieve T. K. Davitte and E. E. Washburn as sureties in bond ____ ___ ______ ____ _________________________ 586, 596, 646, 702

HR 31-Pay C. B. Smith and M. L. Shadburn for services

122, 12-q

HR 35-190b-Increase salary of Supreme Court Justices,

Court of Appeals Judges and Superior Court Judge _ ______ _______________ 970, 973, 1014, 1040, 1060, 1099

HR 39-208a-Establish Civil Service Boards, Chatham County ___ -------------~------------- __________________ 581, 593, 646, 735

HR 40-208b-Taxes for additional State services__

435, 438, 555. 730

HR 41-227a-Create independent school districts, Bainbridge ______ _______ ______ ____

__ 581, 593, 646, 737

HR 44-250c-Supplemental Report No. 4 HR 45~250b-Supplemental Report No. 1

924, 932, 1078, 1113 ____ 924, 932, 1078, 111il

HR 46-250c-Supplemental Report No. 3 ___

_924, 932, 1078, 1113

HR 47-250d-Supplemental Report No. 2

_919, 930, 1078, 1113

HR 48-257a-Agreement with Florida concerning bees ___________________________________279, 282, 422, 448, 631, 673, 674, 756

HR 49-Athletic associations not State agencies _____________________ 178, 179, 220

HR 51-291b-Compensation for W. R. Buice ______

_ __ 249, 257

HR 52-291c-Create Civil Service Comm. for DeKalb County _____ _______ ______ __ __ ____ __

582, 593, 646, 740

HR 53-291d-Compensate Clarence Smith

.412, 418, 519, 626

HR 54--Veterans, acreage allotments for corn and wheat _____ 206, 214

HR 55-341a-Tifton Market Site, conveyance authorized_919, 930, 964, 1004 HR 56-341b-Compensate Mrs. Garland Fields ____________ 334, 349, 444, 488

HR 57~341c-Divide Rockdale County into school districts 582, 594, 640, 733 HR 60-418a-Chattahoochee National Forest Area, lease land _____ 291, 304 HR 62-418a-Compensate Howard Cagle ______________________________ 581, 595, 640, 729

HR 63-Thank University of Georgia for barbecue_____ HR 64--Furnish information Ports Authority _______________

___ 279, 282 ____ 337, 349

HR 65-Praise General Courtney Hicks Hodges.______________

_______ 279, 283

HR 66-Endorse local public health units ______ ________ __

_ 279, 283

HR 69-457b-Compensate W. E. McDuffie and

E. B. Deyo ---------------------------------------------------------------- __ 581, 595, 640, 745 HR 71-Request Governor to scan bills providing for
increase in salary -----------------------------------------------------~--------- _________318, 321 HR 75-494b-Provide streets maintenance, DeKalb

County --------------------------------------------------------------------- ______582, 594, 640, 738 HR 77-513a-Fulton County, contribute to support of State

owned institutions ----------------------------------------------1165, 1189, 1263, 1375

1536

IN DE X

HR 80-540a-Provide committee to study pollution ____________582, 594, 647, 745 HR 82-573a-Regulate sale of poultry and eggs__________________582, 594, 640, 744
HR 83-573b--Divide Baldwin County into school districts_______________________________________________ 1165, 1189, 1344, 1381, 1415
HR 86-Protest trial Cardinal Mindszenty ___________________________________________435, 436 HR 87-619a-Refund bondsmen, Fulton County _________________497, 504, 607, 663 HR 89-Commemorate day for Mrs. Alice McClellan Birney___________ 395, 416 HR 90-627a-Committee to set up requirements for
admission to bar ---------------------------------------------- __________ 582, 594, 641, 743 HR 91-647a-Compensate William Melvin Kimbrell ____________1026, 1029, 1476 HR 92-Tax Revision Committee continued ___________436, 438, 641, 744, 764 HR 96-688a-Compensate Mrs. S. T. Willis. ______________1332, 1335, 1408, 1477 HR 99-Commend State Board of Health for eradication

of typhus fever -----------------------------------------------------------------------------499, 505 HR 100---Request portrait of Thomas E. Watson on stamps ________________543, 547

HR 101-Commend Earle Cocke, Jr.---------------------------- ----------------------------543, 547 HR 107-Relieve Tom Foster as surety on bond______________________________________ 631, 665

HR 110---lssue revenue certificates, State Hospital Authority___________ 695, 729

HR 117-Thank Hon. H. P. Wasson ___________ ------------------------------------------------ 764

HR 123-784a-Compensate A. C. Simmons______ ____________

_1026, 1029, 1223

HR 124-Merger of school system, Dougherty

County -------------------------------------------------------1165, 1189, 1265, 1350, 1449 HR 125-784c-Compensate Johnson Motor Company________ 970, 974, 1265, 1465
HR 127-784e-Capt. William A. Fuller, posthumous award

of medal to ------------------------------------------------1026, 1029, 1133, 1434, 1463 HR 128-784f-Publication of Statistical and Official

Register --------------------------------------------------------------1250, 1252, 1298, 1435 HR 129-784g-Divide Meriwether County into

school districts ------------------------------------------------------1165, 1189, 1265, 1363 HR 131-814a-Homestead exemption shall not apply
to school taxes, Fulton County__________________________1165, 1189, 1265, 1370

HR 132-814b--Fulton County, school district

debt -----------------------------------------------------------1164, 1188, 1265, 1368, 1449 HR 133-814c-Macon, reimburse for paving ________________1121, 1125, 1223, 1456 HR 134-814d-Muscogee County, issue street

improvement bonds ------------------------------------------1164, 1188, 1344, 1427 HR 135-814e-Pickens County, reimburse ______________________1291, 1293, 1344, 1456

HR 136-814f-Atlanta Judicial Circuit, supplement

Judge's salary -----------------------------------------------1164, 1188, 1344, 1423 HR 137-814g-Muscogee County, assessments for

street improvements -------------------------------------------1164, 1188, 1264, 1366 HR 142-856b--Marion Murphy, compensate _________________1164, 1188, 1264, 1429 HR 146-World Federation approved _______________________________________________929, 954, 964

HR 147-878a-Thomasville and Thomas County,
reconveyance of land to ------------------------------------1026, 1029, 1104, 1327 HR 148-878b--DeKalb County, school tax._______________________ 1164, 1188, 1265, 1362

HR 149-878c-Oil wells, reward for first drilled

in State ------------------------------------------------------1121, 1125, 1266, 1438, 1454 HR 150-878d-Compensate J. N. Bray Company ______________________ 1291, 1293, 1408

HR 151-878e-Deed land to T. A. Scott________________________1026, 1029, 1105, 1401

HR 154-894c-Georgia Veterans Memorial State

Park ----------------------------------------------------------------------1026, 1030, 1105, 1158 HR 163-924a-Compensate Mrs. Martha H.

Ellington ----------------------------------------------------------------1250, 1252, 1381, 1476 HR 164-Milk Control Board, remove restrictions to consumers ________________ 957

INDEX

1537

HR 165-St. Paul's Church, Bicentennial Commission, Augusta ---------------------------------------------------------------------------957, 964
HR 166-Tattnall Superior Court and Reidsville City Court, costs in habeas corpus proceedings ________________1121, 1127, 1223, 1401
HR 168-946c-Allatoona Dam, recreation area _____________ 1212, 1217, 1266, 1320
HR 170-Hon. Jared Irwin and Thomas Hardwick, portraits in hall of CapitoL_________________________________________________________ 970, 974
HR 171-949a-Divide Taylor County into school districts --------------------------------- ------------------------------ 1164, 1187, 1264, 1345
HR 172-Board of Regents, retain junior colleges_______________________________ 970, 974 HR 174-969c-Mr. H. R. Sellars, compensate________________1122, 1126, 1266, 1479
HR 175-969c-Speed traps, control between Savannah River and St. Marys River -----------------------------------------1250, 1253, 1298
HR 176-969d-Compensate John D. Garvin ____________________1123, 1127, 1266, 1430
HR 178969f-Forsyth County, issue refunding bonds ____1163, 1187, 1264, 1355
HR 179-969g-Atlanta, city taxes collectible by Fulton County officials____________________________________ 1163, 1187, 1264, 1372
HR 180-969h-Atlanta, assume portion of Fulton County School District debt ---------------------------------------------1163, 1187, 1266, 1379
HR 181-969i-Atlanta, homestead exemption ________________ 1163, 1187, 1264, 1373
HR 182-969j-Atlanta, added territory part of school system --------------------------------------------------------1163, 1187, 1264, 1376
HR 183-985a-Hancock County, provide for election of members of Board of Education __________________1163, 1187, 1265, 1347
HR 186-1023a-Dawson County, provide for election of members of Board of Education________________________1163, 1186, 1344, 1425
HR 187-1023b--Schley County, provide for election of members of Board of Education ___________________ 1163, 1186, 1264, 1348
HR 188-1023c-Clinch County, sale of land authorized ----------------------------------- ______________________ 1123, 1127, 1223, 1461
HR 198-1042f-Rabun, Towns and Lumpkin Counties, Governor to trade certain land ____________________________________ 1284, 1291, 1344
HR 199-1052a-Atlanta and Fulton County, create independent governmental authorities ______________________ 1162, 1186, 1354
HR 200-1052b--State Board of Education, authority to sell property belonging to School for Colored Blind______ 1123, 1127, 1344
HR 204-State Highway Board, members named_________________________________________ 1094
HR 205-U. S. Collector of Internal Revenue, request extension for members of General Assembly for filing income tax returns____________________________________________________1099, 1105
HR 206-1088a-Dudley Mays Hughes, request portrait on
postage stamp -----------------------------------------------------------------1169, 1194, 1298 HR 210-1099c-Allatoona Dam, recreational area in
Cobb County ------------------------------------------------------1250, 1251, 1408, 1474 HR 212-Panama Canal, reduce rates to encourage shipping________________________ 1169
HR 213--Gift of property to State from Mrs. Stellanova B. Osborn____________ 1169
HR 214-Federal Power Commission, grant permits for pipe lines ------------------~---------------------------------------------------1212, 1275
HR 217-0liver General Hospital, urge continuance____________________________1212, 1217
HR 221--Joint Session, hear message from Governor Talmadge________________1248
HR 224-University System, urge construction of housing units______________ 1334 HR 225-Adjoum sine die __________________:_________________________________________________1333, 1334
HR 226-Thank Eugene Cook and Law Department for
services in General Assembly --------------------------------------------1333, 1335

1~8

INDEX

HR 228-Thank Fred Hand -----------------------------------------------------------------1333, 1335 HR 229-Renovate home of Alexander H. Stephens___________________________1334, 1335 HR 235-Commission to revise and restate insurance laws________________1470, 1473
HR 236-Adjournment, extend time -----------------------------------------------------------------1475